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Hearing Date Set for SCO vs. Novell

Posted by CowboyNeal on from the at-last-it's-time dept.

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."

35 of 110 comments (clear)

  1. Oh boy by Killjoy_NL · · Score: 4, Funny

    Enough time to get popcorn and coke then :D

    --
    This is the sig that says NI (again)
    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:Oh boy by Kjella · · Score: 3, Funny

      If you think this is a good movie, sure. It has the most extreme lack of plot advancement I've ever seen, no matter how good the ending is it won't make up for it. Not unless it involves an execution squad.

      --
      Live today, because you never know what tomorrow brings
    3. Re:Oh boy by GMC-jimmy · · Score: 4, Funny

      Hmm.. Microsoft now controls both the Plaintiff *and* the Defendant. I don't envy that Judge. I guess MS couldn't purchase enough puppets in Congress. I wonder what the game plan is after this one?

      --
      __________________________________
      Free your mind - Flush your toilet
    4. 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.
    5. Re:Oh boy by Hognoxious · · Score: 2, Funny

      Don't be silly, unicorns have hooves, not hands.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    6. Re:Oh boy by Opportunist · · Score: 3, Funny

      It's noodly appendages, heretic!

      Lapidate him! Lapidate him!

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    7. Re:Oh boy by Anonymous Coward · · Score: 3, Funny

      I'm not one to hold a grudge. I say we should have Darl chased off a cliff by topless women. Seems the humane thing to do.

  2. Aw man... by Robotech_Master · · Score: 4, Funny

    ...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
    1. Re:Aw man... by Pensacola+Tiger · · Score: 2, Interesting
      Where else but from Microsoft? Mr Ballmer is positioning himself to take up where Darl McBride left off regarding baseless allegations against Linux - as a matter of fact, he's begun already.

      Stay tuned, the Chair-Throwing FUD Special is just warming up.

    2. Re:Aw man... by Mateo_LeFou · · Score: 2, Funny

      Yeah, but a big problem with getting schadenfreude from MS is that they're *very likely to keep making money hand over fist for quite awhile. A big part of the fun of watching SCO implode was seeing them burn through their "investors" cash while sales plummeted and their stock got delisted.

      --
      My turnips listen for the soft cry of your love
    3. Re:Aw man... by cyphercell · · Score: 2, Funny

      Dear god,
      I know I've talked bad about creationism, fundamentalists, and the rest of the neo-con prayer comittee, heck I've even called you a spaghetti monster, but if I was wrong, then I am sorry. I just realized that even though I am a young man, I may not long enough to see something very, very beautiful. If I have ever done anything right then puuuhhhlleeaase let me live long enough to watch Microsoft burn out and die in exactly the same way SCO has. I will always do the "right" thing in your eyes if only you grant me this one wish.
      thank y... err I mean Amen.

      --
      Under the influence of Post-Cyberpunk Gonzo Journalism
  3. This could be dramatic by Anonymous Coward · · Score: 5, Interesting

    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.

    1. Re:This could be dramatic by CmdrGravy · · Score: 3, Interesting

      I hope that doesn't happen, I want to see SCO lose in court on everything they have claimed.

    2. Re:This could be dramatic by Ash+Vince · · Score: 4, Informative

      I think you mean the SCO v IBM case. This is the one where Novell end up owning SCO (literally).

      My understanding is that all money that Microsoft gave SCO to get involved in a legal battle with IBM was in the form of some sort of Unix license. Novell reckon they are legally entitled to a cut of this money as they sold the Unix licenses to SCO in the first place.

      The problem is that SCO have spent the money fighting IBM and RedHat. If SCO lose the will go belly up as the amounts involved far exceed the worth of the company. If that happens SCO will probably be in administration before the end of the day.

      Please someone correct me if I do not understand this correctly.

      --
      I dont read /. to RTFA, I read /. to offend people in ignorance.
    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: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.
    5. 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.

    6. Re:This could be dramatic by UnknowingFool · · Score: 4, Informative

      Novell reckon they are legally entitled to a cut of this money as they sold the Unix licenses to SCO in the first place.

      Technically not correct. Novell is arguing that they sold SCO the right to license Unix on their behalf (i.e distributor). As Novell's distributor, SCO must give them 100% of any Unix license revenue which Novell will refund them 5% as part of their licensing agreement.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    7. Re:This could be dramatic by mrchaotica · · Score: 2, Interesting

      All the court cases would be negotiated by the trustee and this whole mess would come to a screaming halt.

      That would be unfortunate because the trustee would settle, which would fail to set precedent. I would much rather SCO fight to the bigger end and then unequivocally lose so that nobody else can buy up the remains and try this bullshit again.

      In fact, considering that Novell made that motion after its deal with Microsoft, I wonder if MS put them up to it in order to deprive IBM of its decisive victory.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    8. Re:This could be dramatic by mrchaotica · · Score: 2, Interesting

      If that happens SCO will probably be in administration before the end of the day.

      Right, which means that IBM wouldn't get the chance to triumph over SCO, because the trust administrator would settle. IMO, this is a bad thing, because I want SCO vs. IBM to set precedent.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  4. David Boies? by Anonymous Coward · · Score: 3, Funny

    For a second there I thought it said David Bowie. I suppose if he showed up it would help too.

    1. Re:David Boies? by bWareiWare.co.uk · · Score: 2, Funny

      It would take more than a man falling to earth to save them at this point.

    2. Re:David Boies? by jbenwell · · Score: 2

      "Maybe I could be of assistance?"

      Bonus points if he takes notes on his hand.

  5. Now is the time... by Opportunist · · Score: 4, Funny

    ...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.
    1. Re:Now is the time... by ptbarnett · · Score: 4, Informative
      ...to invest heavily into Put-options of SCO.

      No one is writing options on SCOX, and never has.

      The best you could do is short shares of SCOX, but you will have to find a brokerage that has SCOX shares that you can short.

      About 17% of the "floating" shares (i.e. ones that are being traded and aren't held by insiders or institutions) are already shorted. And at average daily trading volumes, the shorted shares represent about 38 days worth of trading.

  6. Blink-blink by AndroidCat · · Score: 5, Funny

    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.
  7. Unhealthy by spungo · · Score: 4, Interesting

    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?

    1. 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.
    2. Re:Unhealthy by Opportunist · · Score: 2, Informative

      Fear, uncertainty and doubt.

      Ain't it funny how wikipedia replaced the usual place you direct people to for explanations? 5 years ago, I'd probably have sent you to some google page...

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  8. Your out of order he's out of order by packetmon · · Score: 4, Funny

    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
  9. Re:This could be dramatic, but probably not. by Jaywalk · · Score: 5, Interesting

    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.
    While it's possible that Kimball will rule from the bench, it has not been his style to do so with anything major. He tends to assemble rulings that cover every point raised in the hearing, including some he claims weren't really worth listening to in the first place. For example, in the IBM case, SCO argued that a ruling had to be reviewed from the starting point ("de novo"). Kimball said SCO was wrong and that a de novo review wasn't required, but that he did one anyway "out of an abundance of caution" and still found against SCO. Best guess is that he's doing it so the outcome of the case is bulletproofed against appeals; probably a good idea because SCO fights every detail tooth and nail, regardless of how hopeless the situation.

    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. =====
  10. 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.
  11. 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