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SCO Wants Summary Ruling, Wants To Appeal Unix Ownership Decision
An anonymous reader writes "SCO is asking the court to enter a final judgment on the Unix ownership issues so that it can seek an immediate appeal. The logic for this, according to Groklaw Editor Pamela Jones, is that SCO would rather appeal right away so it can try all its claims at IBM, should it successfully appeal the judge's order. 'Otherwise, SCO has to wait until Novell goes through trial to a verdict and then appeal, and while it is in the appeal process, IBM would go forward in its now much smaller version, based on the August 10th ruling ... The trial starts, though, in less than a month and it will last less than a week, so none of this makes any sense if you look at a calendar. I think, therefore, it must be about FUD, so it sounds like SCO is on the move again.' The text of the request is available online. "
Can't SCO just die allready?
perpetually dwelling in the -1 pits
There is NO WAY a settlement could possibly pay for the cost of this legal fiasco. SCO's dignity was shot a long time ago, even if they do prove their case they will still look like an ass and their ship will sink.
CS: It is all sink or swim...oh and did I mention there are sharks in that water?
Comment removed based on user account deletion
http://slashdot.org/comments.pl?sid=165103&cid=137 76035
Why is this marked as patents? There is nothing about patents in the case, it's all about copyright and contracts.
0*0
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Can we all get together and file a class action lawsuit against SCO for wasting our valuable reading time on slashdot? Not to mention the complete waste of bandwidth resources.
You can tell how much each of their moves is worth by watching their stock. Lose the Unix case, your stock drops from $1.56 to $0.44. Make a shill appeal and win back 16 cents. Laughable at best.
Annoying? Yes. Something to worry about? Not at all in my opinion.
These have been considered junk stocks for awhile. Now they're simply laughable junk stocks. Expect to see them in your spam e-mails with scams claiming they'll be opening at a nickel and closing at a dime.
My work here is dung.
they want a good old fashioned beating with baseball bats or whips. preferrably in amish country.
Read radical news here
We do have a pro-MS Administration, so anything is possible.
Judge: Fine. In summary, shut the fuck up.
UTF-8: There and Back Again
"Even a dead cat dropped off a roof will bounce a little" The stock will bounce up a little bit with the announcement and the investors will have a chance to mitigate their losses slightly. Yawn. /sbin/shutdown -h now
"Eve of Destruction", it's not just for old hippies anymore...
They HAVE to appeal. Everything else would be suicide. It's all they got. It's like not appealing a death sentence. Not appealing it means that you already lost. What could they lose? Nothing. What could they gain? Survival.
Did anyone really think they wouldn't?
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
SCO knows their appeal has about as much chance as being stuck in a snowstorm on sunny July day in downtown Dallas. This is SCO trying to get the trial date pushed back far enough they can suck as much cash value out of the company as possible before filing for bankruptcy protection.
If they lose now they'll leave behind a chunk of cash.
Hopefully the appeals court opts not to review the case and SCO is dead by Christmas. What a nice present that would be for the holidays.
That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
I mean come on guys, haven't you lead them on enough already?
I am very small, utmostly microscopic.
In which we find out just how long one can beat a dead horse in the US Court System..
Enjoy Every Sandwich
"I believe that IBM picked four of it's patents and used them as part of their counter claims. Not entirely sure what became of that part of the case however."
IBM dropped their patent counterclaims some time ago.
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Steve Stites
SCO has its summary judgment. The ruling is that SCO didn't get any of the Unix copyrights.
SCO's problem is that, under normal conditions, they can't appeal anything until the case is over. What SCO is asking for is a "Final Judgment". That could be appealed immediately. The judge doesn't have to grant it. In fact, PJ over at Groklaw has observed that such requests usually fail.
This is bad news for SCO because it guts their case against IBM. If they can get a Final Judgment and if they can successfully appeal, then the IBM case gets complicated again. That's what they want because their major strategy seems to be delay, delay, delay. It would be hard to delay the IBM case in its current simplified state.
The next move from SCO will be a motion to stay everything while they appeal. That will delay everything, which is exactly what SCO wants. They should be made to wait and appeal after they have lost everything.
I trust Microsoft as far as I could comfortably spit a dead rat
It seems like Darl is playing kamikaze with what is left of shell that was once SCO.
It's like he's got what he wanted out of SCO in his pocket and a promise from Microsoft for a job after the inevitable happens at SCO. So now he just wants to spend all of the remaining cash at SCO so when the baseless lawsuits are finally knocked down there will be nothing left for the various defendants.
Can the judge drag his feet and make excuses for not making a decision?
"Sorry, Mr. Boies, but I left the decision on my table and the cat jumped up and shit on it. I'll have to type it all up again next month."
Turnabout is fair play.
for the last time Mormon != Amish
am impressed.
Bet you thought I was going to say something else, huh?... Gotcha.
Anyway, if nothing else, they are tenacious. A rather virtuous trait in most instances. Forget all that crap about dignity and credibility. This is about money. And somebody's doing pretty well for for it. So get some more popcorn, sit back, and enjoy the show. This is what IP law is all about. I'm not sure what else you could expect, but this is what you get from it.
What?
SCOX has just filed this motion. Novell gets 15 days to reply, which puts the deadline in the second week of september. Then SCOX gets 7 days to reply to Novell. But the trial is scheduled to begin on september 17. The easiest thing for the judge to do is deny SCOX's motion as moot and say "don't worry, you'll get your final judgment soon enough".
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If you think big enough, you'll never have to do it.
I think the recent business deal is what caused their stock to surge in the last day and a half. If you look at the price two days ago, it was still 50 cents a share, then news of their business deal came out and the price surged. Their stock is down 8% today though, which should make you happy.
If you're in upper management at SCO, what do you do all day? Wait for the lawyers to call with an update about how it's going?
If they didn't appeal, I guess the people still on staff would have to go out and get new jobs. That seems inevitable, but I guess they want to put it off.
It must be a really strange place to work now.
$0.46 a share !!!
It's time to start framing the certificates and moving
them on eBay for $10 each !
I dated an Amish girl, and let me tell you, it wasn't a butter churn that gave her those foreams, if you catch my drift.
Those calluses chafed, though.
A buck is the threshold for delisting, not $0.25. But the exchange can agree to delay the delisting. It is not automatic.
Also this is the least of SCO's worries. Quite a few companies have been delisted, at least temporarily, and survived. It doesn't change their finances in any direct way.
The real problem is, SCO may wind up owing Novell the money they obtained from selling licenses to Sun and Microsoft - money they no longer have. Then they are bankrupt.
David Gould
main(i){putchar(340056100>>(i-1)*5&31|!!(i<6)<< 6)&&main(++i);}
Is there anything else to stall for?
Patrick Doyle
I mod down every jackass who puts his moderation policy in his sig. Oh, wait a sec....
As for my limp wrists, I'm quite sensitive about that and I would appreciate it if you left that out of the conversation. I had a freak teapot lifting accident when I was 8 and ever since then, I haven't been able to lift my knuckles above my ulnae & radii. Go ahead and laugh, all the kids did, I've learned to deal with it and push on. Oftentimes when I look in the mirror I see a fat, slower, stupider Lance Armstrong looking back at me. If Lance beat cancer, I can with God's help beat this horrible limp wrist affliction. Don't even get me started on the birthmark on my nose. you're so fucking pathetic that it nearly makes me ill. Well, go ahead and add me to your foes and give your foes a -5 modifier. You'll never see my comments again. You do know that Slashdot has that feature, right? I don't understand why it makes you ill. Did I crawl the intarweb to your computer and force you to read my comments and apply them to your skin or else you get the hose again? Truly baffling to me that my posts have the power to be an ailment.
So tell me, oh valued Anonymous Coward, what did you add to the conversation with your comment?
My work here is dung.
Why can't SCO management give up the whole act and try to come to some kind of deal with IBM, Novell, Red Hat, and all of those harassed by their nusience lawsuit? It is not in the interests of SCO shareholders to proceed with squandering the shareholders' rapidly dwindling assets on what must be one of the most farcical lawsuits ever devised. The SCO board are surely guilty of at very minimum, gross neglience in their inept and greedy management of the whole fiasco. I just makes one wonder exactly why they are personally gaining from what is clearly not rational decision making. SCO never had any case, and the closer you look, the harder it is to see anything at all.
Both had a BIG part of pushing SCO into this. I have no doubt that BOTH are still very much part of this charade.
"He twitched because my axe is embedded in his nervous system!"
I better latch onto some of that SCOX stock before it the run-up.
The US government have made it clear that we have no inalienable rights; any we do not defend vigorously will be taken.
For one, he (I'm going out on a limb with his gender here) prompted your funny response. I think he deserves credit for that.
In return, all you could do was incite this shitty response. Hardly bragable.
Crucifixion: check.
Walking dead: check.
Martyrdom: maybe in the church of microsoft might of the latter day gates?
I would like to appeal my ownership of Microsoft.
If SCO can convince a court that they own UNIX, then I can convince a court that I own Microsoft.
I once decided that I owned Microsoft.
They're using their grammar skills there.
SCO: I'm not dead!
Nasdaq: What?
Groklaw: Nothing. Here's your ninepence.
SCO: I'm not dead!
Nasdaq: 'Ere. He says he's not dead!
Groklaw: Yes, he is.
SCO: I'm not!
Nasdaq: He isn't?
Groklaw: Well, he will be soon. He's very ill.
SCO: I'm getting better!
Groklaw: No, you're not. You'll be stone dead in a moment.
Circumcision is child abuse.
Anyone read SCO's response ? http://www.sco.com/company/news/Letter%20to%20SCO% 20Customers%20and%20Partners.pdf
... to buy SCO out ;-)
I like the way you think. You could probably get a good job with the Administration if you're interested.
http://rareformnewmedia.com/
What if SCO wins? How will it affect me a Kubuntu user?
In either case, here at Microsoft, we feel standards are important. And we have fun, too. Doug Mahugh, Microsoft