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Judge Rejects SCO's Motion For a New Trial
An anonymous reader writes "A judge has rejected SCO's motion for a new trial in the company's dispute over UNIX intellectual property ownership. The ruling validates a verdict that was issued in April by a jury who determined that Novell, and not SCO, is the rightful owner of the UNIX SVRX copyrights. This means SCO cannot continue to pursue its litigation against IBM and other Linux users. 'There was substantial evidence that Novell made an intentional decision to retain ownership of the copyrights,' the judge wrote in his decision. 'The Court finds that the verdict is not clearly, decidedly, or overwhelmingly against the weight of the evidence. Therefore, SCO is not entitled to a new trial.'"
I really hope this is the last I ever have to hear about SCO.
Well, just remember that you can't spell scourge of the earth without SCO
I hate it when my favorite show doesn't get renewed for another season.
It's only a flesh wound...
Every time you call tech support, a little kitten dies.
That and the dead parrot schene combined:
Community: "It's not pinin,' it's passed on! SCO is no more! It has ceased to be! It's expired and gone to meet its maker! This is a late company! It's a stiff! Bereft of life, it rests in peace! If you hadn't nailed him to the perch he would be pushing up the daisies! Its metabolical processes are of interest only to historians! It's hopped the twig! It's shuffled off this mortal coil! It's run down the curtain and joined the choir invisible! This.... is an EX-COMPANY!"
SCO: "I'm not dead yet"
At least IBM, Novell etc. got the pockets to handle it. A smaller company could have been legally torpedoed by this, even if they eventually won some what, 8 years down the road now?
Live today, because you never know what tomorrow brings
The head of Daryl McBride is seen in court appealing the latest decision against SCO which declared Daryl McBride not eligible for compensation for inclusion into Futurama episodes on the grounds that he is "just wasting space now that other more important heads need shelf space for. Like Tiger Woods 9th wife" said Leyla. Bender, while trying to get McBride to bite his shiny metal ass, broke the head jar and dropped the head of McBride accidentally into a metal stamping machine. The head of Pam Jones laughed her jar fluid into a total froth while Fry looked on confused.
I really hope this is the last I ever have to hear about SCO.
Well, just remember that you can't spell scourge of the earth without SCO
You can't spell breakfast scones either. Or scotland yard.
GAAH! MY PRINTER IS ON FIRE!!! PUT IT OUT! PUT IT OUT!
1. Remember that cutting off the legal arms does no good.
2. Remember that zombie companies can continue to be threatening even if they have no leg to stand on.
3. Exposing and severing the connection between the brain and the rest of the corporate body may help, but the remaining parts can still remain dangerous, and typically twitch for some time.
4. Corporate zombies are often controlled by evil overlords. Real victory occurs only after the evil overlord is slain.
5. Remember that anything that was once good and lovable about the company that has been zombified is long gone and completely unrecoverable.
6. Zombie companies are frequently covered in parasites (lawyers).
I am officially gone from
Or scrotum.
Just putting it out there. The word.
For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
The article seem to suggest that the SCO v IBM is over. That's not quite correct. SCO's claims against IBM most likely will be voided. IBM however has counterclaims. At this point, IBM can't get much money but knowing IBM, they want to make an example of SCO so that no other company will do this to them again.
Well, there's spam egg sausage and spam, that's not got much spam in it.
I can't wait for IBM to sue for all the time and money spent just to gather the source code:
Complying with the Court's Order involved more than 4,700 hours of work from more than 400 IBM employees. This does not include the time spent by IBM's counsel and consultants on this project, which was likewise considerable. IBM produced a total of more than 80 GB of source code and other electronic data to SCO, and more than 900,000 pages of paper (which were scanned and produced in electronic form on CDs).
Does this count as the record for "longest continuous fail"? Or was that the Bush administration?
Or lets quote her:
Stewart Rules: Novell Wins! CASE CLOSED! Thursday, June 10 2010 @ 04:14 PM EDT
Here you go, munchkins. Judge Ted Stewart has ruled for Novell and against SCO. Novell's claim for declaratory judgment is granted; SCO's claims for specific performance and breach of the implied covenant of good fair and fair dealings are denied. Also SCO's motion for judgment as a matter of law or for a new trial: denied. Novell is entitled to waive, at its sole discretion, claims against IBM, Sequent and other SVRX licensees.
CASE CLOSED!
Maybe I should say cases closed. The door has slammed shut on the SCO litigation machine. The judge writes in the Memorandum Decision and Order about SCOsource, "Finally, while SCO's witnesses testified that the copyrights were 'required' for SCO to run its SCOsource licensing program, this was not something that SCO ever acquired from Novell." He totally got it. He noticed Darl McBride admitted that SCO didn't need the copyrights for anything but SCOsource. It couldn't be any better if I'd written it myself.
Was the jury misled or confused? Not at all, the judge writes: "The jury could have rejected the testimony of SCO's witnesses for a number of reasons, including their lack of involvement in drafting the APA, the fact that there was little testimony on any actual discussions concerning the transfer of copyrights, or that many of the witnesses had a financial interest in the litigation."
"The Clerk of the Court is directed to close this case forthwith," Stewart writes in the final judgment. I believe that means SCO v. IBM is essentially over now, unless IBM wishes to pursue its counterclaims.
And now it is -- finally -- time, once again, for my red dress! And a huge thank you to Michael Jacobs and the team at Morrison & Foerster, who never gave up but, more importantly, showed that you can fight hard and win with ethics and dignity, and to Sterling Brennan of Workman|Nydegger, who was frankly absolutely wonderful at trial. And thank you to you, Groklaw volunteers, because we made a difference in this world.