Groklaw member LEXLAW suggested that now would be a good time to take a second look at Novell's Trial Brief [PDF]. It was filed in Utah back in the middle of September, on the same day that SCO filed for bankruptcy in Delaware, and so we never did a text version or paid much attention. But now that we are Utah bound, here it is, the text version, the work of the entire Groklaw Group. You know, like the SCO Group and the 363 Group? Except there are more of us than there are of them, now that I think of it.
As I explained back in September, a trial brief is where a party tells the court what claims it will be present at trial so as to give the judge an overview. SCO filed one too, but under seal. The most significant piece, to me, is the part about the constructive trust at the end. Novell says that it would only be after the trial is done, and depending on the outcome, meaning when they win, that it would then ask for such a trust: