Comment This was already decided way back when (Score 1) 50
This was already decided during the original trial. Two things will prevent Xinuos from succeeding:
1. SCO never had a license to the code they claim to own. They had a license to distribute it, but Novell owned the copyrights (such as they were).
2. The code SCO claimed was copied from Project Monterey wasn't in fact copied from there. It was original code IBM wrote and contributed to Monterey (while retaining the copyrights) and then subsequently contributed to Linux (which they had every right to do because the license granted to Monterey wasn't exclusive).
The only reason the lawsuit ended with a settlement was that SCO had lost on every argument and gone bankrupt, so there was no money to pay any judgement against them. I suspect some of the terms of that settlement are going to come back to bite Xinuos, because SCO had managed what everyone had considered impossible: they'd not only angered IBM enough they were out for blood, they'd managed to get IBM's law firm (Cravath, Swaine and Moore, who are a big name) personally angry at them too. I'm fairly sure there's terms in that settlement expressly to make sure that dead horse stays dead and buried. Given that Xinuos isn't bankrupt, and some of the figures behind SCO and the original lawsuit were involved with them last I heard, I expect IBM's attorneys to make great white sharks look cute and cuddly by comparison.