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Hearing Date Set for SCO vs. Novell
duh P3rf3ss3r writes "According to Groklaw, a hearing into seven summary judgement motions in the SCO vs. Novell case has been set for 31 May at 9 am before Judge Dale Kimball. Groklaw's PJ speculates that David Boies may have to show up for SCO just to keep their case alive."
Enough time to get popcorn and coke then :D
This is the sig that says NI (again)
...that really bites. Where will we get our schadenfreude after the SCO thing has been laughed out of court?
Editor Emeritus and Senior Writer, TeleRead.org
It is possible that Judge K. will rule on Novell's request (from four months ago iirc) that all the money in SCO's possession be put in a trust account. That would bankrupt SCO and SCO's management would be replaced by a bankruptcy trustee. All the court cases would be negotiated by the trustee and this whole mess would come to a screaming halt.
For a second there I thought it said David Bowie. I suppose if he showed up it would help too.
...to invest heavily into Put-options of SCO. Then again, with them already listing in the penny-stock area, maybe rather invest in the spam companies that send out the pump'n'dump mails...
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
Judge Dread and David Bowie must appear? Wait, I think the coffee has brewed. (SCO stories are always at least a two-cup problem and I'm down a cup this morning. Fill'er up, premium!)
One line blog. I hear that they're called Twitters now.
Thank you /. for my (almost) daily '2-minute hate'... although am I the only one who thinks we are in danger of making an Orwellian Emmanuel Goldstein-type character out of McBride? I mean, it's all just business litigation, right?
So what's Boies going to do? :-P
SCO Attorney: Your honor, we'd like to rectify the use of our patents but since they are propietary information we cannot disclose them publicly.
Novell Attorney: Your honor there are no infringements. If SCO could present the infringments they would. Their use of the word "propietary" is solely FUD based manipulations
Prosecutor Attorney: Did you say Fud?
Juror Attorney: *whispers to another juror* I didn't even know they infringed on Warner Bros, patented Looney Tune character Elmer Fudd"
Judge Attorney: *Watching Judge Judy in the background*
Infiltrated dot Net
I do expect the hearing to at least generate some humor, especially item 180. This is where SCO tells the court (apparently with a straight face) that "the parties' intent under the APA and Amendments thereto is undisputed in SCO's favor." In English, they are saying there is no way the contract did not transfer copyrights in spite of the fact that the contract explicitly includes the copyrights in the list of things not transferred. I'm really looking forward to hearing their explanation of that one.
===== Murphy's Law is recursive. =====
They have dug themselfs so deap that their only option is to keep digging and hope to reach Australlia.
If they continue their case they will loose. If the stop their case they will loose. The only option they have is streach things out and continue their case with a slim chance of winning.
If something is so important that you feel the need to post it on the internet... It probably isn't that important.
Throughout this process we've seen that neither judge often issues rulings from the bench, and the more important the ruling the more careful they are to thoroughly research and clearly lay out their written ruling. The hearing will probably be very interesting (I plan to attend), but it's nearly certain that Judge Kimball will take the motions under advisement and issue his rulings in a few weeks.
Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
I mean, SCO's evil. . . no, wait, Novell's evil! No, SCO! Novell!
;-)
AAAAA!!! I don't know who to hate anymore!
-- Of course I'm paranoid. I'm a sysadmin.
IMO: those who think otherwise don't understand the case.
This scam is now in it's 5th year, and that is the point of the scam. The idea is not win in a final judgement, the point is to keep the scam alive. As long as these cases continue: scox, msft, and bsf, keep winning.
Before the scam, scox had a market cap under $10, about half what it is now. The mcbride boys, darl and kevin, are each taking in about $250K - $300K a year, which is not bad for small-time Utah scammers. BSF has raked in, at least, $30M. For msft, the cost of this fud doesn't amount to pocket change.
The scam was yet another smart move by msft. Msft may not be fooling anybody here, but it's the PHBs that matter. The PHBs must believe that Linux is a legal mine-field.
So gloat all you want, but the bad guys are laughing up their sleeves.
First you say, "I don't hate McBride. Not even Steve or Bill."
But then you say, "I hate people who see their business model crumble and try to keep it up by instilling FUD in their customers, so they stay with them out of fear, not because they have the better product. I hate people who hamper progress and development for their personal gains. I hate people who want to keep their customers shackled by threats rather than offering them the better product."
But Bill does all of those things that people that you hate do!
Rude boy SCO, I sentence you to 100 Years ! Don't cry, rude boys don't cry.
SCOX Market Cap is about $20 million. That might rise to 40 million in a hostile takeover. Surely the slashdot crowd has $40 million among them to finance a buyout of SCOX. We could put and end to all of this silliness for $10 a piece. We could release every patent SCOX owns into the public domain for good.
Now, with this suggestion I know I am just cuing the "that would only let them win" chorus, but think of how much money could be put into, say, developing a linux desktop that was actually NOT maddening to use, instead of litigating this circus?
Integral Capital Management > Drugstore.com > Microsoft > SCO > Melinda French Gates > Silver Lake Partners > Bill Gates ..
7 4">SCO and MS Have a Mutual Friend
A href ="http://www.groklaw.net/articlebasic.php?story=2
davecb5620@gmail.com
Trying to misappropriate the hard (sometimes unpaid) work of others for your own monetary gain can't be good for his Karma. People should act ethically in all aspects of their lives. Being in charge of a business is no excuse for unethical conduct. SCO sought $5 billion in damages from one licensee, IBM, when they only spent $7 million dollars to acquire the technology. That should tell you right there that something wasn't on the up-and-up. They claimed three teams of experts (including a team from MIT) found "mountains", "truckloads" and "millions of lines" of infringing code in Linux. I've seen no evidence that they ever hired a single expert until last year. They refused to give any evidence of infringement for years, and then claimed copyright on code written by others. I think he should be most ashamed of his claim that "contracts are what you use against people you have a relationship with" (paraphrased). Contracts are something you enter into in order to benefit both parties, not something that you should inherit 20 years later and try to find ways to reinterpret the contract so that you can sue the other party.
How would you feel if you were a musician and wrote a song, then some company came along and tried to charge people money to listen to your music? If Darl was smart, he would have simply sued IBM for contract violations and not made any sweeping claims about Linux infringing. If that had been the case then they may actually have had a chance and the public opinion wouldn't be weighed against them so heavily. As it is, their statements and actions allowed IBM to enter several counterclaims, from unfair competition to copyright violations.
What channel will it be on? It would make a great comedy.
No way do we want to do this. A buyout is exactly what Darl & Co. have been hoping for from Day One.
Just who owns the "rights" you speak of? Not SCOx, but Novell! The distribution rights would revert back to Novell?
Never trust a man wearing a coat and tie!
Scox is not only suing, scox is being sued. Unlike scox's BS suit, the lawsuits against scox are very real, and very substantial. If we buy scox, we inherent the lawsuits.
Scox's exit strategy is to go bankrupt, and go out of business. Then the scox execs move on to the next scam. And msft finds a new bitch - like novell.
Be vewy, vewy quiet. I'm hunting patents. Hehehehehe.
http://finance.google.com/finance?q=scox
I have no idea how they mananged to get it up this high today. Are people really believing that this will be SCO's shining victory? All I can think of is pump-and-dump stock broker, like in the Boiler Room, pimping this stock to some sorry guy thinking he'll make a hefty profit.
For years SCOX has been tanking...around $4 for a long time, but starting at like $30 or more. But now, around the time of this announcement, there are actually people BUYING SCO STOCK!
Put "SCOX" in the firefox google-search; it's hilarious!
Barnham was right: a sucker born every minute.
--- For a good time mail uce@ftc.gov
SCOX shares have become a bizarre game. The company has expended a quarter billion dollars in paid-in capital to achieve a market cap of $20M. Nobody is playing this game on the business merits of the company any more. Current speculation is that today's stock price has to do with mutual fund rating periods.
It's sad that the patent trolls won't go away because the lawyers can always sell it as a good gamble.
IMHO this smear campaign against linux fails for two reasons:
We shall see in the end, of course. Perhaps by mid June we'll have some rulings on Novell that shed some light.
Help stamp out iliturcy.
If I have read the docket and materials correctly then there won't be a decision that day. Judge Kimball will be hearing oral arguments but that is probably all that will happen that day. I expect he will then sit down with the transcripts and all the motions, briefs, reports, memorandums, etc ad nauseum for a while before he issues any decisions. In fact I'll be surprised if we have a decision on any of this before July at the earliest. Judge Kimball doesn't seem to be one who is willing to rush anything really. He would much prefer to go slow and be very careful about everything he does so as to avoid having ANY decisions overturned by a higher court. He has even gone so far as to do a de novo review when it was not required just to satisfy any higher court that ALL possible leeway was given in making sure no mistakes were made.
I have seen no Linux deployment at all stopped for this FUD.
And here I am talking about blue chips companies I am familiar with in several industries.
The FUD did not work, that is the part of the scam the did not pan out as expected.
IANAL but write like a drunk one.