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Groklaw on Judge Kimball
Kimball rules on Jacobsen copyright case

I find the article's most interesting point being that

Among the many bizarre things about the complaint, though, is that SCO itself used to be a Linux company called Caldera, and as such eagerly distributed free of charge the very same software it now is claiming infringes its copyrights.

A new CEO came up with the business strategy in the fall. But a new plan doesn't immunize the company from the precedents it helped set. It's as if a magician gave away his secrets, then started suing his audience for learning how he did his tricks.

"Red Hat thinks that we should show them every line of infringing code so they can make changes and go forward with a complete disregard for our business rights," [McBride] said[...]"

I don't know if it applies to copyright law, but in many points of law, my understanding is that it is up to the injured party to try to mitigate damages.

Dale Kimball is the judge assigned to SCO versus IBM.

Judge Kimball ruled on a copyright infringement case in January 2001:

Judge dismisses lawsuit against author, publisher

Judge Kimball dismissed the case because the plaintiff failed to mitigate damages.

(Disclosure: I am short SCOX).

Judge dismisses lawsuit against publisher, author

Dale Kimball is the judge in SCO versus IBM. So what he says about intellectual property matters.

In the above case, an author wrote a fictional book based on the memoirs of a World War II veteran. The interesting part of the judge's decision is:

In his ruling, Kimball said Jacobsen did not "express any disapproval" of the series until 1999, after the third volume had been published.

"Had Jacobsen voiced his disapproval in 1996, Hughes would have had the opportunity to take the offending material out of the books," Kimball wrote. "For Jacobsen to wait until three volumes of the series had been published before voicing his disapproval, when it is clear he had ample opportunity to let Hughes know of his disapproval as early as 1996, results in extreme prejudice to Hughes [sic]."

I can't figure out that last reference to Hughes (the defendant). From the context, I think that the judge really meant extreme prejudice against Jacobsen (the plaintiff).

This looks similar to the situation of SCO versus Torvalds, SCO versus Red Hat, SCO versus SuSE, or SCO versus 1500 Linux end users. SCO sold both Linux and Unix for a long time before they made any claims, and to this day they have not identified the offending code in any Linux product. I suspect that if IBM brings those issues to the case, Judge Kimball will take a dim view of SCO's submarine strategy.

(Disclosure: I am short SCOX, no position in any other companies mentioned).

Ammiano also said Segway's campaign rubbed officials the wrong way. "Segway didn't help themselves by hiring very expensive lobbyists," he said. "I think that backfired on them, too."
New Hampshire-based Segway hired lobbying firms but has made no contributions to any public officials or candidates, said Matt Dailida, the company's director of state government affairs.

http://deseretnews.com/dn/view/0,1249,450027616,00 .html?

The Segway's campaign with high priced lobbyists rubbed officials the wrong way while the high priced lobbyists from groups that DID contribute to public officials seemed to work just fine... hmmmmm...

We are all criminals and we let our children do as we do! we are animals I tell you! Check this pro- RIAA article and laugh it up.

That depends. If one equates the percentage of Republicans with how conservative the state is, then according to this article, that title probably belongs to Idaho. Nevada is probably pretty conservative like Utah and some of the other neighboring states if the big gambling areas like Vegas and Reno are not taken into account.

Paula Houston, who was elected the porn czar of Utah, seems to be on a moral crusade to restrict pr0n from minors. Granted, that's her job, but she tramples on the rights of others in the process. Surprisingly enough, I haven't seen any filters in my local library yet, but it's just a matter of time.

What can you expect from a state that has students rallying against porno and a porn czar who seems to imply that ISPs should be more responsible for porn?

Paula Houston, who was elected the porn czar of Utah, seems to be on a moral crusade to restrict pr0n from minors. Granted, that's her job, but she tramples on the rights of others in the process. Surprisingly enough, I haven't seen any filters in my local library yet, but it's just a matter of time.

What can you expect from a state that has students rallying against porno and a porn czar who seems to imply that ISPs should be more responsible for porn?

...another comment from Michael Tandy.

It's interesting that you say that he's biased.

In previous cases he's been considered quite pro-business. Here's an interesting quote from a recent article about him:

Why did the judge so thoroughly reject Microsoft's defense? And why is he ordering what the company calls its "death sentence," the breakup of one of history's most profitable and successful enterprises? The judge himself explains: "Falsus in uno, falsus in omnibus," he says, citing a Latin aphorism meaning, "Untrue in one thing, untrue in everything." "I don't subscribe to that as absolutely true," the judge says. "But it does lead one to suspicion. It's a universal human experience. If someone lies to you once, how much else can you credit as the truth?"

So are you saying that he's biased because he didn't like being lied to in a court of law or having faked evidence being presented as the truth? INAL, what I've read from legal scholars is that the finding of fact and the ruling were all structured to stand up during the expected appeals process. If you know so many ways that it can be overturned, start listing them.