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Darl McBride Takes the Stand In Novell v. SCO
UnknowingFool writes "Everyone's favorite CEO Darl McBride took the stand on Wednesday April 30 in Novell v. SCO. Chris Brown has posted his account on Groklaw of the 2nd day of trial. The first day's account can be found here. To refresh your memory in this ongoing case, Judge Kimball has already ruled that Novell owns the copyrights to Unix and has practically dismissed all of SCO's claims. This portion of the trial is about Novell's counterclaims that SCO never paid them the money from the Sun and MS deals. What is to be determined in this trial is how much of the money from the deals were for Unix licensing (SVRx) and how much were for SCO's server technology (Unixware)."
(Read on for the rest, below.)
UnknowingFool continues:
"Reading the account, it seems that the SCO folks are currently trying to delicately separate Unixware and SVRx. However Novell's lawyers are quickly pointing out in the past where SCO made no distinction between SVRx and Unixware in their literature or press releases. In day 1's account, SCO's tree picture shows Unix as SCO IP (Unix).
Also SCO's position is that it owes Novell nothing because the deals to MS and Sun were Unixware deals and not SCOSource deals (the much despised Linux licensing program) or SVRx deals. Novell points out fatal flaws in SCO's arguments. Sun wanted the ability to open source some of their Solaris code (which became OpenSolaris). Solaris and Unixware both branched from SVR4 so they would need permission from the owner of SVRx copyrights, not the Unixware owner. That owner is Novell. The MS deal is a little different in that MS wanted Unixware rights AND rights to legacy Unix (SVRx).
The best part of the cross-examination was Darl refusing to admit that the MS and Sun deals were not SCOSource, but Novell showing SCO's financial statements (10Q) where both deals were listed under SCOSource and not Unixware revenue."
"Reading the account, it seems that the SCO folks are currently trying to delicately separate Unixware and SVRx. However Novell's lawyers are quickly pointing out in the past where SCO made no distinction between SVRx and Unixware in their literature or press releases. In day 1's account, SCO's tree picture shows Unix as SCO IP (Unix).
Also SCO's position is that it owes Novell nothing because the deals to MS and Sun were Unixware deals and not SCOSource deals (the much despised Linux licensing program) or SVRx deals. Novell points out fatal flaws in SCO's arguments. Sun wanted the ability to open source some of their Solaris code (which became OpenSolaris). Solaris and Unixware both branched from SVR4 so they would need permission from the owner of SVRx copyrights, not the Unixware owner. That owner is Novell. The MS deal is a little different in that MS wanted Unixware rights AND rights to legacy Unix (SVRx).
The best part of the cross-examination was Darl refusing to admit that the MS and Sun deals were not SCOSource, but Novell showing SCO's financial statements (10Q) where both deals were listed under SCOSource and not Unixware revenue."
Mmmmmm, that's some good perjury!
;)
Except, to prove perjury you would have to prove that he was knowingly making false statements, or in other worlds that he knew what he was talking about and just chose to say the opposite of what's true.
So basically you would have to prove that Darl is not an idiot. Good luck with that
Here's hoping he performs better than Hans Reiser ... no, on second thoughts cancel that.
Confucius say, "Find worm in apple - bad. Find half a worm - worse."
The section logos beside the article text, in order, read as follows:
... CCUNT.
Caldera
the Courts
Unix
Novel
Tux
All together now
I guess you couldn't really leave this one out of "the courts". Either way, well done.
..UnixWars Episode V..Novell Strikes Back.
In situations like courtrooms, political debates, news shows, and whatnot, people can and do just say things that are trivially, demonstrably wrong all the time.
No they can't.
The enemies of Democracy are
We can issue everyone in the court one of those little suction cup guns and put color coded flags on the end of the cup. When you shoot the person on the stand with the gun, you have to present irrefutable proof that they are wrong in what they said. If that person gets too many hits, they are asked to stand down.
The simple truth is that interstellar distances will not fit into the human imagination
- Douglas Adams
...who's a cocksmoking teabagger now Darl?
-"...bad old ideas look confusingly fresh when they are packaged as technology" - Jaron Lanier (Digital Maoism on Edge.o
So now we understand the motives behind his actions for all this time. He wanted us to all scream about how stupid he is, and then submit the comments from /. as evidence that he didn't perjure himself.
My God, he is a genius.*
* this is the first step of destroying this evil plan