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.

Well good.

[Simple-Simmian]

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.

Justice is served!

[coppro]

I'm really glad. :) This means that SCO (and its investors) will actually have to atone for their ridiculous claims and the resources they have caused supporters of Unix and OSS to squander. Finally, they can pay back the world what they owe, rather than selling everything and making out with what they can. It almost seems as if SCO is working for some anti-FOSS organization... I'm going to avoid any potential flaming by avoiding that topic... but they certainly seem like their first priority is not allowing Novell to acquire their assets, even when they will lose them anyway.

Re:So...

[timeOday]

IMHO it took way too long and cost way too much, considering SCO never presented any evidence. It's the "Duke Lacrosse Rape Case" of the intellectual property world.

Re:So...

[Finallyjoined!!!]

Had SCO chosen an opponent with shallower pockets, the system would probably have failed. Having said that, it's still good news :-)

Re:The REAL question...

[Corporate Drone]

Of course the real question is how Maureen O'Gara spins this to favor SCO.

"We're happy that we'll be able to demonstrate that we owe nothing to Novell, put this speculation to rest, and get on with the daily tasks of maintaining 'business-as-usual' here at SCO."

Re:So...

[trolltalk.com]

"Had SCO chosen an opponent with shallower pockets, the system would probably have failed."

The system HAS failed.

Pump-and-dump for McBride and his cronies, FUD-fest for Microsoft, and Novells' money being illegally converted to fund all this. Justice? Only when McBride is in an orange jump-suit, and rats on those behind the "corporate veil".

Re:So...

[swillden]

The system works..... it works slowly, it costs huge amounts of money, but it does work......

Keep in mind that although the system works slowly, this case has been exceptionally slow. SCO has been able to drag this one out far more than is normally possible.

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. The theory is that the guy who files the suit is motivated to push the issue -- or else why would he have file the suit? So, the system largely puts the plaintiff in the driver's seat, and SCO has taken every opportunity to stand on the brakes.

Re:So...

[Tom]

If by "works" you mean "drags the thing out endlessly and brings lots of many into the lawyers' pockets" then I have to agree.

Re:So...

[Drishmung]

"The wheels of the gods grind slowly, but they grind exceeding fine" (Sextus Empiricus) I think that when this started, certain people wanted to make absolutely certain that SCO could not wriggle out of it. Every "i" dotted, every 't' crossed. Their fate was sealed some time ago. Now they face destruction. Certain, total and prolonged destruction. I suspect that SCO will be held up as a lesson of what not to do for a very long time.

Re:So...

[petermgreen]

Why would they be a lesson in what not to do? sure the shareholders got screwed but afaict the bosses and the lawyers (who IIRC have family connections to darl) have done pretty well out of this whole fiasco.

This is IMO a perfect example of how to make lots of personal profit while totally screwing your shareholders.

Re:Can Darl find work?

[HexaByte]

Are you kidding? There's always a lot of big corporations that want someone who can lie with a straight face! Too bad Enron is already under, they would have LOVED him!

Re:So...

[CodeBuster]

corporation - noun
1. an ingenious device for creating personal profit without personal responsibility

Re:Here's a link

[capnkr]

I think that part of the reason this whole fiaSCO took so long to play out is just so that SCO *does not stand a chance at appeal*, due to the thoroughness of what has been brought to trial, and how Judge Kimball allowed them to draw themselves out at every opportunity by allowing them to state every reason for everything, and then some.

In short, there won't be anything to appeal *on*. It's all been said, it was all allowed them, they had every chance to make a real case.

They never proved anything substantive.

Nothing.

Good riddance!

PJ has stated basically this same opinion several times (tho' it's been in the years past and I can't cite).

Re:So...

[random0xff]

That which does not kill Linux, only makes it stronger.