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Judge Kimball Strikes SCO's Jury Trial Demand
watchingeyes writes "In a ruling on various pre-trial motions in limine and other, similar motions in the SCO vs Novell case, Judge Kimball today issued a ruling striking SCO's demand for a jury trial, ruling that Novell's claims seek equitable, and not legal relief. In addition, he denied SCO's request for entry of judgment that would allow them to appeal his ruling on the UNIX copyrights and Novell's waiver rights, ruling that if SCO wants to appeal any of his rulings, it can do them all at once after trial. He also granted Novell's request to voluntarily dismiss its own breach of contract claim, denied SCO's motion to exclude press coverage and evidence from the IBM case, granted Novell's motion in limine preventing SCO from contesting his summary judgment ruling at trial, granted Novell's second motion in limine preventing SCO from arguing that SCOsource licenses that license SVRx only incidentally aren't SVRx licenses, denied another SCO motion in limine which improperly asked the Judge to issue rulings on contractual issues and denied Novell's final motion in limine which sought to prevent SCO from contesting Novell's apportionment of royalties analysis. Looks like SCO will be facing a trial in-front of a judge which has already ruled against them numerous times."
The SCO cases have consumed years of the court's time and have cost the other parties many millions of dollars in lawyer's fees. Their cases have zero merit. The lawyers should have know the cases had no merit
True, but the actual winner is Microsoft. They ought to be punished. They brought home tens of billions of business through the uncertainties surrounding the case. And I am positive they knew it. And I bet they encouraged it on purpose, on this purpose.
Of course, McBride must have his gooleys cut off, as well as his lawyers.
But justice this is not. Justice would be served only once Microsoft is called to duty and replenish all the funds, and stand in for the mess their lackeys have created.
Otherwise this case serves as an invitation to you to have someone else dragging your competitor through the mud, for years, without any case, sue him for hilarious damages. Without any chance for recourse, since that someone else keeps on dragging until your competitor is out of funds. All the business floating to you is your income, and in the end you wash your hands by distancing yourself from all the thunder created by that someone else.
I don't really believe all those stories painting McBride as stupid enough to gamble away SCO, his reputuation, eventually his own assests, his gooleys, until the last sen is gone. I think he was bride enough to do that based on some moral support from a place like Redmond. You don't take IBM head-on like he did, if you have some grams of brain left and don't enjoy high-level support.
Yes, cut off their gooleys !