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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."

6 of 149 comments (clear)

  1. Re:english not good enough by Anonymous Coward · · Score: -1, Troll

    Try here for an explanation.

  2. Re:Will Novell free the SVRx source code? by tomhudson · · Score: -1, Troll

    Do you really want something as archaic as that? What next a box with 256 bytes of ram and toggles on the front so you can enter code manually bit by bit?

    SCO has been making a lot of noise about how they still own any code they've developed since ... but who cares? Its not like they can even sell THAT once judgment is made against them, because they will have lost their license.

    They're effectively out of business.

  3. WHAT THE FUCK by Anonymous Coward · · Score: -1, Troll

    WHAT THE HELL IS WRONG WITH YOU SLASH-TARD FUCKS NOT DOING ANYTHING ABOUT THE CRAPFLOOD GOING ON IN TROLLTALK? DON'T YOU REALIZE THAT THIS TECHNOLOGY CAN BE USED AGAINST FRONT PAGE STORIES?

    WHAT...
    THE...
    F U C K

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    Reason: Don't use so many caps. It's like YELLING.Lameness filter encountered. Post aborted!
    Reason: Don't use so many caps. It's like YELLING.Lameness filter encountered. Post aborted!
    Reason: Don't use so many caps. It's like YELLING.Lameness filter encountered. Post aborted!
    Reason: Don't use so many caps. It's like YELLING.Lameness filter encountered. Post aborted!
    Reason: Don't use so many caps. It's like YELLING.

  4. Re:Will Novell free the SVRx source code? by tomhudson · · Score: 0, Troll

    "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.

  5. Better yet, blame it on Rove by Anonymous Coward · · Score: -1, Troll

    Then Slashdot would be on SCO's side...

    Yeah, mod me down. Truth hurts, doesn't it?

    If this post pisses you off, I'm talking to YOU and your BDS-addled "brain", you tard.

  6. Re:Poor, Poor SCO by watchingeyes · · Score: 0, Troll

    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/