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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."
"It powers the POS systems of a number of businesses, some of which you've probably visited in the past week"
I've been boycotting McDonalds since before the start of this millenium, when the WERE running their POS on SCO.
If you can point us all to a list of SCO customers, I'm sure we'd all like to take a shot at making a pitch to switch them to something - anything - else. SCO's loss is our gain.
RTFA and quit trying to be an armchair lawyer. The reasoning is laid out quite clearly in the ruling. Numerous appelate Judge's have upheld the exact type of ruling that Kimball issued here in far less deserving circumstances.
nuff said.
http://watching-eyes.blogspot.com/