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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.
The system works..... it works slowly, it costs huge amounts of money, but it does work......
A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort.
a bankruptcy judge has granted Novell's request to lift the stay
Yes, he's lifting the stay, much like one would lift the active portion of a guillotine.
The theory of relativity doesn't work right in Arkansas.
I remember a quote where one of SCO's own lawyers said they were under a "death sentence" in Utah, so that's very appropriate. In fact, I was about to submit this exact story under the title "SCO's Stay of Execution Lifted" but I was obviously too late.
Now it will get REALLY interesting when we see how Darl's comments about the Utah judge come back to haunt him when they all have to go back there...
SCO has been a dead man walking for a long time now. It's just that we're finally about to watch their cremation. Anyone remember to bring marshmallows?
Almost restores my belief that the US Justice System is worth salvaging. Would fewer lawyers mean justice was served? This whole fandango has taken way too long.
If you don't like what I write don't be a CS and mod it down. Refute it.
Yea I can't spell. So what is your point?
Of course the real question is how Maureen O'Gara spins this to favor SCO.
If brevity is the soul of wit, then how does one explain Twitter?
I'm interested to read just what Darl McBride said. I just Google searched for it and didn't find anything.
Could someone please post links to some of the "horrible things"?
lf(1): it's like ls(1) but sorts filenames by extension, tersely
"The system works..... it works slowly, it costs huge amounts of money, but it does work......"
Three simple reasons to say "the system" does NOT work:
Justice my arse! If the software industry worked as slowly as justice, and as expensively, we'd be using a $5,000 abacus instead of a computer.
Think of it - there's still all the BS appeals. Justice isn't looking all that appealing now, is it, unless you, like justice, are blind AND slow.
Kevin Smith on Prince
We don't see the world as it is, we see it as we are.
-- Anais Nin
Didn't Microsoft pay for SCO to do sue IBM? And didn't Microsoft make a deal with Novell? So in some sense, Microsoft is battling itself! And only one will prevail... Microsoft!
I've said it for months now, and I'll wildly guess again:
1. SCO will owe Novell a bunch of money (money that it doesn't have)
2. Microsoft will purchase the remaining 'assets' from SCO. It doesn't really matter if they pay $1 or $1Million
3. Microsoft will do so to get closer to the following goals:
3a. MS now has a hand in the Linux game (possible bump in their stock)
3b. MS can now renegotiate/strengthen their position with Novell
3c. MS can now possibly resurrect the lawsuit or dredge up other scary FUD-alicious items out of what they get (remember it's the appearance of a problem, not an actual problem that makes corporate lawyers CIOs think twice about going open source)
3d. MS pisses off some open source zealots that already hated them (meh)
4. ???
5. Profit!
davejenkins.com |
In any case, just because Judge Gross is reserving the right to order a constructive trust for himself doesn't mean he won't decide to order one once Kimball rules anyway.
===== Murphy's Law is recursive. =====
Microsoft wouldn't touch SCO with a pole, regardless of length. First of all, it's SCO's creditor committee -- soon to be headed by Novell -- which gets to determine what happens with SCO's assets. Secondly, SCO doesn't have any assets worth buying. Kimball's decision made it perfectly clear that SCO's rights could not be used the way SCO was attempting to use them. Finally, Microsoft tries to leave the impression that any FUD is not coming from them, preferring to fund a cat's paw like SCO to do their dirty work. It would be far more likely for Microsoft to fund a patent troll to attempt to pull off an "emergency" purchase of assets from the bankruptcy.
Oh, wait . . .
===== Murphy's Law is recursive. =====
Oddly enough, they are looking for .NET programmers here. Also note that their development is in New Delhi. Perhaps the Indians don't realize the type of company they are working for?
HexaByte - he's a square and a half!
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.
Right. But in bankruptcy court, that's reversed. The debtor isn't in charge. The court, the U.S. Trustee, and the creditor's committee are. Notice how, since SCO declared bankruptcy, their wierd legal moves have been shot down fast. SCO's "emergency motion" for a quick sale - deferred by judge without even asking SCO. Quick asset sale to York under wierd conditions - withdrawn once the creditors objected. Novell lawsuit - unstayed.
Judge Kimball's calendar has an open day on December 11.
The matter of disbarment and other "lying through your teeth when there was no evidence at all" sort of lawsuits is yet to come.
Then again, many may play the Ken Lay Gambit, and simple die out from under the charges.
My other car is a 1984 Nark Avenger.
How tough are you now, Darl? You thought you could play the lawsuit lottery against anyone who's ever said the word "Linux" but guess what? Linus has more resources at his disposal than even the Borg up in Regmond. So do the dozens of international corporations and governments that are using, developing, or otherwise supporting Linux. Not to mention that all your lawsuit succeeded in doing was generating lots and lots of press for Linux. And as the saying goes, there's no such thing as bad publicity. So I guess there's only one thing left to say: Nanny nanny boo boo!
WTF are you talking about? "Judge Judy" was very much a "real" judge up until her retirement in 1996, albeit a small claims judge. She got her television show thanks to a large amount of press about her outspoken nature in real courtrooms. While the "court" in her show is merely an agreed-upon arbitration session, she is demonstrating much of the same behavior that she became famous for when in public service.
More to the point, Judith is not the only judge known for rather outlandish behavior. Judge Samuel B. Kent is also well-known in the legal community for his humorous and razor-sharp wit, especially in his written orders. One of his more famous incidents was when he dismissed a case for being "asinine tripe".
Last but not least, you do not "disbar" a judge to remove him/her from office. Judges are either elected or appointed officials. Disbarring means they can't practice as a lawyer anymore. (Annoying, but not a huge problem for someone not appointed by the Bar.) Judges must be impeached or dismissed from office like most other government officials. Disbarment usually follows impeachment or dismissal to prevent the Judge from continuing to practicing law after being dismissed.
Javascript + Nintendo DSi = DSiCade
In other words, if I have 50K (cash) of the 100K I stole from you, and declare bankruptcy with 75K of total assets and 200K of debts, You get your money first, and my creditors get nothing. Anything else and YOU end up paying for my bankruptcy, not fair at all.
HexaByte - he's a square and a half!
Look you mentally insufficient SCO hack, your company lost because it had a business plan that was nothing more than extorting ill-conceived licensing fees.
It must be tough to be a dim-witted SCO astroturfer when the company barely exists and is about to be delivered lock, stock and barrel to Novell.
What a pathetic rube you are, you twisted piece of rotting monkey flesh.
The world's burning. Moped Jesus spotted on I50. Details at 11.
For god sake, please don't use that kind of imagery and call it entertaining. You'll give the internet a bad reputation.
The world is made by those who show up for the job.