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SCO Wants Summary Ruling, Wants To Appeal Unix Ownership Decision 111

Posted by Zonk
from the before-the-door-shuts dept.
An anonymous reader writes "SCO is asking the court to enter a final judgment on the Unix ownership issues so that it can seek an immediate appeal. The logic for this, according to Groklaw Editor Pamela Jones, is that SCO would rather appeal right away so it can try all its claims at IBM, should it successfully appeal the judge's order. 'Otherwise, SCO has to wait until Novell goes through trial to a verdict and then appeal, and while it is in the appeal process, IBM would go forward in its now much smaller version, based on the August 10th ruling ... The trial starts, though, in less than a month and it will last less than a week, so none of this makes any sense if you look at a calendar. I think, therefore, it must be about FUD, so it sounds like SCO is on the move again.' The text of the request is available online. "
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SCO Wants Summary Ruling, Wants To Appeal Unix Ownership Decision

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  • Settlement (Score:3, Insightful)

    by COMON$ (806135) * on Friday August 31, 2007 @12:59PM (#20427141) Journal
    There is NO WAY a settlement could possibly pay for the cost of this legal fiasco. SCO's dignity was shot a long time ago, even if they do prove their case they will still look like an ass and their ship will sink.
    • Re:Settlement (Score:4, Insightful)

      by Xtifr (1323) on Friday August 31, 2007 @02:00PM (#20427775) Homepage
      It's not about the company any more making money any more. Bankruptcy is pretty much a foregone conclusion at this point. However, the longer the company holds on, the longer the money it technically shouldn't have any more can be spent on executive salaries (and bonuses--Darl has earned all sorts of bonuses for his "creative" approach to company management).
      • Re: (Score:3, Insightful)

        by COMON$ (806135) *
        Exactly, I am not a business guru, but the only positive I can see with that company is padding the executive's pockets. If I were an engineer or dev at SCO I would be fleeing.
        • by mandolin (7248)
          Any engineer or dev worthy of the title should have fled SCO years ago, or at least tried to (maybe the Lindon, UT job market is really awful, or something).

        • I'd love to get on any project at SCO with a 6 month+ timeframe.

          You wouldn't have to do anything!
        • by Doctor O (549663)

          If I were an engineer or dev at SCO I would be fleeing.
          That's the case for years now - how long is this madness going on now?
  • by liquidpele (663430) on Friday August 31, 2007 @01:00PM (#20427143) Journal
    But this is the reason this has been going on for so long, the judge wanted to hit all the stops so any appeals would not likely be overturned or may be rejected altogether.
  • Why is this marked as patents? There is nothing about patents in the case, it's all about copyright and contracts.
  • by unity100 (970058) on Friday August 31, 2007 @01:07PM (#20427249) Homepage Journal
    they want a good old fashioned beating with baseball bats or whips. preferrably in amish country.
  • Ruling (Score:5, Funny)

    by halcyon1234 (834388) <halcyon1234@hotmail.com> on Friday August 31, 2007 @01:11PM (#20427281) Journal
    SCO: We want a summary judgment!

    Judge: Fine. In summary, shut the fuck up.

  • "Dead Cat Bounce" (Score:3, Insightful)

    by HotNeedleOfInquiry (598897) on Friday August 31, 2007 @01:14PM (#20427325)
    "Even a dead cat dropped off a roof will bounce a little" The stock will bounce up a little bit with the announcement and the investors will have a chance to mitigate their losses slightly. Yawn. /sbin/shutdown -h now
    • Re: (Score:1, Funny)

      by Anonymous Coward
      On a SCO OpenServer system your suggestion produces:

      /sbin/shutdown: not found

      Metaphor?

    • "Even a dead cat dropped off a roof will bounce a little" The stock will bounce up a little bit with the announcement and the investors will have a chance to mitigate their losses slightly. Yawn. /sbin/shutdown -h now

      Problem with that is that you know these clowns will surface again, buy some formerly well reputed company with a shaky claim against some cash-rich company, and try the same basic shakedown.

      So it's more like: /sbin/shutdown -r now

      • by jamstar7 (694492)

        Problem with that is that you know these clowns will surface again, buy some formerly well reputed company with a shaky claim against some cash-rich company, and try the same basic shakedown.

        I thought Darl & his buddies were just scammin up all the bonuses they could sink their claws into just to not have to actually go to work again.

        It'd be funny if all their bonuses were in SCOX stock with a contract to not sell before the legal system was through chewing them up & spitting them out...

    • "He twitched because my axe is embedded in his nervous system!"
    • by jimicus (737525)
      Have you tested that? I'd imagine that if the cat has been dead long enough, it would land with a sort of damp splat.
  • by Opportunist (166417) on Friday August 31, 2007 @01:15PM (#20427331)
    They HAVE to appeal. Everything else would be suicide. It's all they got. It's like not appealing a death sentence. Not appealing it means that you already lost. What could they lose? Nothing. What could they gain? Survival.

    Did anyone really think they wouldn't?
    • by Kandenshi (832555)

      [Matthias is about to be stoned to death]
      Matthias: Look, I don't think it ought to be blasphemy, just saying "Jehovah".
      [Everyone gasps]
      Jewish Official: You're only making it worse for yourself!
      Matthias: Making it worse?! How can it be worse?! Jehovah! Jehovah! Jehovah!
      (Shamelessly stolen from Life of Brian [wikiquote.org])

      Sorry, you just reminded me of that scene and I agree with both you and Matthias. You might as well appeal that death sentence/court judgement. As is now, they'll almost certainly burn. A small chance of success on appeal sure, but they might as well. Appealing is unlikely to land them in jail after all.

    • by trifish (826353)
      What could they lose?

      Nerves, money for lawyers, come to mind as first.
    • Appeals cost money and where is the money coming from? Investors are not irrational people...they know when to cut their loses and retire from the field.
    • by geekoid (135745)
      well, they would save that sliver of dignity they have left.

      OTOH:
      Dignity -- Always a little left to loose.
    • by pipingguy (566974) *
      Nothing about this case is appealing (it's rather rather appalling) but lots of appealing is going on.
  • by HangingChad (677530) on Friday August 31, 2007 @01:15PM (#20427335) Homepage

    SCO knows their appeal has about as much chance as being stuck in a snowstorm on sunny July day in downtown Dallas. This is SCO trying to get the trial date pushed back far enough they can suck as much cash value out of the company as possible before filing for bankruptcy protection.

    If they lose now they'll leave behind a chunk of cash.

    Hopefully the appeals court opts not to review the case and SCO is dead by Christmas. What a nice present that would be for the holidays.

    • Is there anything else to stall for?
    • There was a filing in the IBM V TSCOG case if the judge agrees with IBM filing then TSCOG can fail to appeal the IBM case at the same time.
      the question was given the PSJ filings what is left in the TSCOG V IBM case (since the matter has overlap)

      IBM : Nothing left

      TSCOG: the Dog ate my homework
      i would expect a PSJ filing in the IBM case oh say friday at 05:00 EDT so whats the line on SCOX being delisted by next tuesday (i would bet on a STOP TRADE order by 03:00 on next monday)?
    • and SCO is dead by Christmas. What a nice present that would be for the holidays.

      All I want for Christmas is Darl's two front teeth.

  • I mean come on guys, haven't you lead them on enough already?
  • by fishyfool (854019) on Friday August 31, 2007 @01:17PM (#20427359) Homepage Journal
    In which we find out just how long one can beat a dead horse in the US Court System..
  • by Kilz (741999) on Friday August 31, 2007 @01:29PM (#20427489)
    The next move from SCO will be a motion to stay everything while they appeal. That will delay everything, which is exactly what SCO wants. They should be made to wait and appeal after they have lost everything.
  • am impressed.

    Bet you thought I was going to say something else, huh?... Gotcha.

    Anyway, if nothing else, they are tenacious. A rather virtuous trait in most instances. Forget all that crap about dignity and credibility. This is about money. And somebody's doing pretty well for for it. So get some more popcorn, sit back, and enjoy the show. This is what IP law is all about. I'm not sure what else you could expect, but this is what you get from it.
    • by fritsd (924429)
      If you're an USian, you might as well sit back and enjoy the show -- your tax money paid for it!
  • by RelliK (4466)
    SCOX has just filed this motion. Novell gets 15 days to reply, which puts the deadline in the second week of september. Then SCOX gets 7 days to reply to Novell. But the trial is scheduled to begin on september 17. The easiest thing for the judge to do is deny SCOX's motion as moot and say "don't worry, you'll get your final judgment soon enough".
  • If you're in upper management at SCO, what do you do all day? Wait for the lawyers to call with an update about how it's going?

    If they didn't appeal, I guess the people still on staff would have to go out and get new jobs. That seems inevitable, but I guess they want to put it off.

    It must be a really strange place to work now.

    • by couchslug (175151)
      "If you're in upper management at SCO, what do you do all day? "

      If I had a job that paid well and required little, I'd enjoy the paycheck "all day".
      If I'm not personally breaking any laws, what do I care what happens to the company?
      Companies are expendable.
  • $0.46 a share !!!

    It's time to start framing the certificates and moving
    them on eBay for $10 each !

    • Re: (Score:3, Funny)

      That's my idea! I posted it anonymously a few weeks ago, I'm going to sue!

      It's buried somewhere in the original post announcing SCO's losing - go and get me all the comments and I'll show you it in there somewhere. Obviously, it's just a couple of lines...
  • undeadhorse
    This is the first time I've wished I could mod a tag "+1, Funny". (Or should that be "Insightful"? Damn, I can never decide.) Whoever did that, thank you.
    • by gbobeck (926553)
      I agree with you. I used to use "hellnoiwontsco" as my tag for sco related fudicles, but undeadhorse is so much better.
  • I better latch onto some of that SCOX stock before it the run-up.
  • I would like to appeal my ownership of Microsoft.

    If SCO can convince a court that they own UNIX, then I can convince a court that I own Microsoft.

    I once decided that I owned Microsoft.
  • by Stormwatch (703920) <rodrigogirao@hotmai[ ]om ['l.c' in gap]> on Saturday September 01, 2007 @03:16AM (#20432063) Homepage
    SCO: I'm not dead!
    Nasdaq: What?
    Groklaw: Nothing. Here's your ninepence.
    SCO: I'm not dead!
    Nasdaq: 'Ere. He says he's not dead!
    Groklaw: Yes, he is.
    SCO: I'm not!
    Nasdaq: He isn't?
    Groklaw: Well, he will be soon. He's very ill.
    SCO: I'm getting better!
    Groklaw: No, you're not. You'll be stone dead in a moment.
  • ... to buy SCO out ;-)
    • by elronxenu (117773)
      If IBM buys SCO then IBM becomes responsible for the lawsuits ... not good. And SCO's shareholders get enriched ... also not good.

      No, IBM's best course of action is to keep going and eventually the court will judge in favour of IBM and award IBM anything remaining from the dust which is SCO. It is likely however that Novell will claim all remaining assets first, so IBM will not be able to recover the many millions it spent in legal fees (and the cost of the time spent answering discovery requests and so o

  • What if SCO wins? How will it affect me a Kubuntu user?
    • by JoelKatz (46478)
      The short answer is that this won't affect you. You only have to respect patents and copyrights. Third parties can basically ignore contractual obligations.

      If you look closely, you will see that SCO is making all kinds of allegations. But it's not saying "Linux violates our patent number X,YZT,ABC" or "Linux contains code that we hold copyright to". It's saying, "other companies violated their contracts with us".

      These kinds of claims have no effect on innocent third parties, unlike patent and copyright clai

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