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Patents? Chapter 11.
Basically correct that software is copyright. However, IIRC, UNIX does have a few patants. I presume that the issue would be the same here that Novell granted a license to (now) SCO -- they didn't sell them.
Note that SCO did he proper thing by filing for Chapter 11. When a corporation runs out of money, there is little else they can do considering the best interest of the shareholders. Now it appears that the final outcome will be determined by a Federal Bankruptcy Court. It seems likely that Novell will wind up owning part of the reorganized SCO unless it is sold out of bankruptcy.