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Groklaw's PJ Says SCO's Demise Greatly Exaggerated
blackbearnh writes "Last week, the net was all abuzz with speculation that SCO was finally gone and done for. With the final judgment in SCO v. Novell in, and SCO millions of dollars in the hole to Novell, it seemed like the fat lady had finally sung. But like most things in the legal system, it isn't nearly that simple. O'Reilly Media sought out Groklaw's Pamela Jones, and got a rundown of what's still alive, and why a final end to the madness may be many years away. 'Summing up, it looks bleak for SCO at the moment, but let's enter the alternate realm of SCO's best-case scenario in its dreams: in that realm, SCO wins on appeal, which one of SCO's lawyers indicated might take a year and a half or five years, and the case is sent back to Utah for trial by jury, which is what SCO wanted (as opposed to trial by judge, which is what it got), then everything listed above (except for the IPO class action) comes alive again, presumably, depending on what the appellate court decides. Then SCO is in position once again to go after Linux end users, as well as IBM, et al.'"
Make it stop. Please. I beg of you.
In other words, SCO is a zombie. It can't be killed by normal litigation. Argh, kill it with fire! Do it now!
#fuckbeta #iamslashdot #dicemustdie
I sure hope this SCO doesnt start killing all the other fantasy dimension SCO's and absorbing their power...
http://i.cubeupload.com/T6cyLu.png
If they continue their litigious behavior, perhaps $CO can file bankruptcy again. Either that or go head to head with someone a little more like themselves, the Church of $cientology, which would be terrific entertainment.
The jury is composed of servers running various flavors of Unix.
Let's create a Slug-In (Slash-plug-in) that links our content to Facebook, then create a group called:
"One Million Slashers Against the "NEW" Slashdot Layout", LOL!
Hell, we might even be able to "share"/donate karma, and overrule the SlashLords who engage in or idly stand by while ogres abuse the moderation and scoring system out of retribution and user-burying (in a "don't feed the trolls" mentality)...
But, first, the Slug-In Plug-In. But, i wonder if Facebook could be slashdotted, or if Slashdot could be "faced", hehehe...
Previously: "Linux... Toward the Sunrise..." Now: "Linux... Toward the-- No, now, part of Every Sunrise"
As I understand it, you can't win an appeal on a factual basis, the appeal is instead all about any procedural errors made during the main trial that could be the basis for overturning the result.
Kinda/sorta. Appeals courts don't decide the facts of the case. Appeals are about matters of procedure or law.
And as far as I can tell, the judge did everything possible to follow procedure and give SCO as much rope as they needed to hang themselves. So, on what basis is SCO going to argue their appeal? Are there any possible levers there?
Well, it's possible that SCO could argue that the judge either misinterpreted or otherwise failed to apply the law correctly in any number of areas. As far as I can see, most of these areas would probably relate to evidence that was excluded by the judge before the trial even began -- during the discovery phase.
That's if -- and only if -- SCO has the money to keep the paying the lawyers. And I believe the bankruptcy court still has the right to prevent SCO from filing any appeals until the bankruptcy is fully settled.
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I always thought that in America, a jury was a jury of peers
Flapping was too much of a problem, so now only the jury foreman gets an AS number.
Why, without your clothes, you're naked, Miss Dudley!