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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."

12 of 149 comments (clear)

  1. Poor, Poor SCO by Scottoest · · Score: 5, Funny

    SCO is an exceptional software company, and I personally feel their legal claims are on solid... ...hahahahahahaha...

    Damnit, I can never get through that sentence without laughing.

    Hang em out to dry, Your Honor.

    - Scott

    1. Re:Poor, Poor SCO by Pad-Lok · · Score: 3, Funny

      Why, did they murder someone?

      Yea, themselves.

      --

      -- Sauer
    2. Re:Poor, Poor SCO by innocent_white_lamb · · Score: 3, Funny

      the interpretation is a legal one and thats down to JK.
       
      Rowling?
       
      SCO Wizard School: Ok children, watch closely as I wave my magic wand and *poof* watch all of that free cash roll in!
       
        Oops.Misfire...

      --
      If you're a zombie and you know it, bite your friend!
  2. SCO - the Monty Python Black Knight by tjstork · · Score: 4, Funny

    "Aye, you chopped my legal arm off! No big deal! Have at you!"

    "Aye, you chopped my legal legs off! No big deal! I can still hop! Have at you!"

    --
    This is my sig.
  3. Re:Interpretation by Anonymous Coward · · Score: 3, Funny

    Shorter interpretation: M-M-M-M-Monster Kill!!

  4. Re:english not good enough by Anonymous Coward · · Score: 1, Funny

    The summary read like the judge had crossed an AK-47 with a common nailgun and was shooting at SCO's coffin.

    Talk about pwned.

  5. One-armed man by Anonymous Coward · · Score: 5, Funny

    SCO should have blamed everything on a one-armed man; Kimball would have been much more sympathetic.

  6. NO! FUCK! by Anonymous Coward · · Score: 0, Funny

    This is BAD! Not "haha." My stock portfolio is RUINED! I invested my life savings in SCOX stock hoping it would fly after they won the suit against IBM. I even looked at the Stochastic graph and the candles! I was SURE! This REALLY hurts the case! FUCK! I think my stock is already dropping. And my broker won't give stock certificates! :(

  7. No! by Skapare · · Score: 3, Funny

    Hang em out to dry, Your Honor.

    Isn't there some EPA regulation against this?

    --
    now we need to go OSS in diesel cars
  8. justice by SolusSD · · Score: 3, Funny

    well the system works.. but in O(2^n) time with O(n!) cost. ugh.. DIE ALREADY.

  9. Re:Will Novell free the SVRx source code? by tomhudson · · Score: 2, Funny

    I wanted the heathkit with the 4004.

    Instead, ended up years a few later with some CoCos.

  10. Re:Interpretation by hawk · · Score: 2, Funny

    >I remember back when SCO provided a decent PC-based version of UNIX.

    I remember further back than that :)

    They dropped off a unit for us to play with at Olivetti--an XT. After waiting for minutes at the login, we all wandered off . . .

    hawk