Stay Lifted, Novell Vs. SCO Can Go Forward
A number of readers suggest we check out Groklaw, where PJ is reporting that a bankruptcy judge has granted Novell's request to lift the stay so that its trial against SCO can proceed in Utah. The judge concluded that Judge Kimball is the best one to decide how much SCO owes Novell, and that SCO cannot make any "reorganization" plans — including any "fire sale" of assets — until it knows this figure.
Had SCO chosen an opponent with shallower pockets, the system would probably have failed. Having said that, it's still good news :-)
If I had an Ass, I'd call it Fanny Bottom, then I could slap my Ass; Fanny Bottom, on the Arse.
"Had SCO chosen an opponent with shallower pockets, the system would probably have failed."
The system HAS failed.
Pump-and-dump for McBride and his cronies, FUD-fest for Microsoft, and Novells' money being illegally converted to fund all this. Justice? Only when McBride is in an orange jump-suit, and rats on those behind the "corporate veil".
Kevin Smith on Prince
Keep in mind that although the system works slowly, this case has been exceptionally slow. SCO has been able to drag this one out far more than is normally possible.
The reason SCO was able to do that is that while the system is designed to thwart foot-dragging by defendants, it doesn't do as much to prevent foot-dragging plaintiffs. The theory is that the guy who files the suit is motivated to push the issue -- or else why would he have file the suit? So, the system largely puts the plaintiff in the driver's seat, and SCO has taken every opportunity to stand on the brakes.
Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
"The wheels of the gods grind slowly, but they grind exceeding fine" (Sextus Empiricus) I think that when this started, certain people wanted to make absolutely certain that SCO could not wriggle out of it. Every "i" dotted, every 't' crossed. Their fate was sealed some time ago. Now they face destruction. Certain, total and prolonged destruction. I suspect that SCO will be held up as a lesson of what not to do for a very long time.
Protoplasm. Quiet Protoplasm. I like quiet protoplasm.