From the ruling, it is clear that at the outset, Darl knew that SCO did
not own the copyrights:

On January 4, 2003, McBride received an email from Michael Anderer, a
consultant for SCO
retained to examine its intellectual property. Supp. Brakebill Decl. Ex.
12. Anderer stated that
the APA "transferred substantially less" of Novell's intellectual property
than Novell owned.
Anderer noted that Santa Cruz's "asset purchase" from Novell "excludes all
patents, copyrights,
and just about everything else." Id. Anderer cautioned that "[w]e really
need to be clear on what
we can license. It may be a lot less than we think."