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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."

11 of 110 comments (clear)

  1. Re:Oh boy by Ruprecht+the+Monkeyb · · Score: 3, Insightful

    I'd have to liquidate all my SCO stock to afford the concession stand prices!

  2. Re:Unhealthy by Opportunist · · Score: 4, Insightful

    McBride shares few traits with the Goldstein of 1984.

    Basically he's trying to keep a company afloat on a pice of driftwood, and he is about to lose that plank. It's not that we hate him, hey, I don't even know him. Privately he may even be a quite cool guy, dunno.

    We hate FUD. It's got nothing to do with McBride himself, that could be anyone from the list of FUDders. We hate it when people come out with nebulous, dubious threats the only goal of which is to create an air of wariness towards the technologies they try to antagonize. You can have the same with people claiming WiFi APs are dangerous to their health. If this was 1907 instead of 2007, we'd probably go after the guys claiming that riding by train or car is unhealthy because it's too fast.

    I don't hate McBride. Not even Steve or Bill. 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.

    I hate people who kill the market economy.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  3. Re:This could be dramatic by Opportunist · · Score: 3, Insightful

    You think we'll run out of FUD spreading companies any time soon? We still have MS and the mafiaa, and I doubt they'll vanish any time soon, as much as I'd enjoy it.

    Last week alone was good for a few laughs with MSs list of 235 communists in the IT department ... no wait, that was something else...

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  4. Re:Now is the time... by Anonymous Coward · · Score: 1, Insightful

    Uhhh... maybe it is just me but I think the investing comment was a joke. Don't get so serious.

  5. Re:This could be dramatic by bytesex · · Score: 2, Insightful

    SCO losing would make quite a few unknown things an established fact. If MS were smart, they'd buy up SCO for a few pennies in the near future and drop the case; not only would it produce a big 'huh?' from our side; the outcome of any litigation might not be in their favour because it would settle things like ownership of UNIX, whether or not Linux has any code in it that's owned by others, etc. If they were to leave it at this uncertain point, they'd have a lot more ammo in the upcoming FUD-wars. It would even be better for MS if SCO were to 'disappear' before anything could be established - no further liabilities. Does anyone have a concrete mixer the size of Utah ?

    --
    Religion is what happens when nature strikes and groupthink goes wrong.
  6. Re:Oh boy by Opportunist · · Score: 2, Insightful

    Kinda reminds me of that old cartoon where England was in war with France, with both sides praying to God to win, and above, in a cloud, there is a huge hand, flipping a coin...

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  7. Re:This could be dramatic by Pensacola+Tiger · · Score: 3, Insightful

    The only problem with your suggestion is the liability of IBM's counterclaims that any buyer of SCO would inherit. As it stands now, IBM will collect next to nothing, as SCO has almost no value, especially after Novell gets the $25 million owed to it by SCO. If Microsoft was foolish enough to buy SCO, the damages could be in the "billions and billions" as Carl Sagan might have said.

  8. Unlikely by swillden · · Score: 2, Insightful

    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.

    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.
  9. Msft, scox , and bsf, are winning by walterbyrd · · Score: 4, Insightful

    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.

    1. Re:Msft, scox , and bsf, are winning by oGMo · · Score: 2, Insightful

      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.

      This isn't precisely the case. My guess is that if MSFT and SCOX could make this just silently disappear and be forgotten, they would have awhile back. Having the scam continue was only good when they were winning, and not having IBM drill all their teeth out slowly, meticulously, and of course, painfully. At this point, we want, nay need this to continue and for SCOX to be dragged through the mud in the worst possible and most public manner possible. IBM has turned this entirely around to the benefit of the Linux community.

      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.

      Ah see, but that's no longer the case. What PHB's see now is that anyone going after Linux has the 800-ton gorilla named IBM after them. Yes, Microsoft would love for people to believe that Linux is a legal minefield (witness the recent "235 patents" FUD), but with every case that's lost and every bluff called, the legal position of Linux becomes far clearer. Vague threats and sham lawsuits (as the SCO case originally was) are bad; swift, decisive response is the only defense. Microsoft (and other competitors to a lesser extent) are not going to back down; we have to be ready and have a strategy to fight their tactics.

      --

      Don't think of it as a flame---it's more like an argument that does 3d6 fire damage

  10. Re:Oh boy by Anonymous Coward · · Score: 1, Insightful

    A Kingdom divided against itself cannot stand.