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SCO v. Novell Goes to Trial Today In Utah

Posted by timothy on Tuesday April 29, @08:41AM
from the smell-of-napalm-in-the-morning dept.
Caldera The Courts The Almighty Buck Novell Unix Linux
I Don't Believe in Imaginary Property writes "The day many have been waiting for has finally arrived, the day SCO gets torn apart in court by Novell. Each side gets 10 hours, and Novell managed to get them to agree to a stipulation (PDF) that should make things go a lot faster. With any luck, we will soon have an official ruling that SCO does not own much of anything and then we just have to wait for SCO to exhaust its appeals. This would've been over a long time ago, but SCO filed for bankruptcy on the eve of trial, stopping the clock. One can only wonder what trick they will try to pull this time."

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SCO v. Novell Goes to Trial Today In Utah 25 Comments More | Login | Reply /

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  • Great Day (Score:3)

    by ozamosi (615254) on Tuesday April 29, @08:44AM (#23236742) Homepage
    SCO dies, Microsoft's revenue is down, and even the weather is nice.
  • Why? After having seen one decision after another AGAINST SCO, how anything resembling investment money still flowing to SCO? Are these investors so over-powered with greed that they are failing to use common sense? Why? Why? Why? Somebody with no co
    • but George H. W. Bush is on a speaking engagement today. Try back tomorrow.

    • Re: (Score:3, Interesting)

      by Jason Levine (196982)
      Maybe it's like those folks who fall for the Nigerian schemes. Once you're in you can either admit that you've been scammed and have lost thousands of dollars or you can ignore all of the blaring warning signs, press on, and construct an elaborate fantasy

    • how anything resembling investment money still flowing
      If it doesn't look like investment money, then perhaps it isn't. There are a lot of non-investment related reasons that one might want to give money to SCO. Pro-lawyer, pro-Microsoft, pro-time-wasting, and pro-evil groups are probably all interested in seeing SCO continue its lawsuits. I'm not necessarily saying that this is the case here, but it couldn't hurt to check out Stephen Norris Capital Partners: maybe they are infusing SCO with money on behalf of some [evil] third party.

    • Re:Why do people continue to give them money? (Score:5, Insightful)

      by johannesg (664142) on Tuesday April 29, @09:18AM (#23237010)
      Your confusion is easily explained by stepping back and inspecting your premise. That premise is that people pour money into SCO with the expectation of profit through sales and licensing. In that context there is no sense in pouring more money into them.

      Assuming that those investors are not total nitwits, we must therefore look for another premise. I propose this one: "people pour money into SCO with the expectation of profit through delay of Linux take up". You see, that makes sense: SCO casts a shadow of Fear, Uncertainty, and Doubt over all things Linux (and by extension, over all things Open Source). That shadow is highly beneficial to some parties, since Linux represents a serious threat to their business model.

    • No one has invested in them in years. They have floated several "rescue" schemes since they filed fo Ch. 11 bankruptcy last year but all have fallen through at the last minute.

  • Spectacular error (Score:5, Funny)

    by Oxy the moron (770724) on Tuesday April 29, @08:47AM (#23236782)

    I doubt I have ever seen the random /. quote ever be more appropriate:
    "If all else fails, immortality can always be assured by spectacular error."

    Yeah, that about sums it up.

  • McBride and Yarro to do the perp walk? (Score:4, Interesting)

    by the saltydog (450856) on Tuesday April 29, @09:00AM (#23236862) Homepage
    That's what *I'm* waiting for.

    They called me a criminal for using Linux.

    I'm calling them criminals for running an extortion/stock pump and dump/fraud scheme.

    They were wrong. I'm not. When will the SEC finally put these all hat, no cattle rustlers behind bars?

    Oh, and by the way, if you had the UNIX copyrights, why did you insist on asking Novell for them - repeatedly?

    Bunch of lying scumbag bastard pricks - every single supporter of this fiaSCO. (Yes, that includes you, too, Rudy de Haas. Fucking asshat.)
  • "Ladies and Gentleman of the supposed court, I know my clients lawsuit has been rendered ashes by you fine people; but you see here this is Chewbacca..."

  • SCO is the Defendent? (Score:3, Informative)

    by qazwart (261667) on Tuesday April 29, @10:16AM (#23237662) Homepage
    Interesting is in this trial SCO is the defendant and Novell is the claimant. I thought it was SCO who is suing everyone.

    It looks like via the stipulation and the way the trial is organized that SCO expects to lose. It appears that Novell simply wants to assert its claim to UnixWare and SCO is ready to close up shop. That's why the stipulation and the short trial and the fact that SCO isn't going to call up witnesses.

  • The Judge already ruled (Score:5, Informative)

    by IronClad (114176) on Tuesday April 29, @10:27AM (#23237766) Homepage
    The summary is a little misleading. The judge *already* ruled that SCO Group does not own much of anything, including the UNIX SYSV copyrights, in a summary judgment motion last year.

    The biggest issue remaining to be resolved by this trial is how much of the "license" monies given to SCO Group by Microsoft and SUN were for that which SCO Group had no right to license (SYSV), and how much was for SCO Group's product. Given the non-dizzying speed at which SCO's products have been improved and maintained, Novell argues that the vast majority of those millions was due to Novell.

    In the mean time it has been entertaining to read the SCO Group's arguments for why they should keep the money to which they have no right, or at least how they should not be required to turn the swag over to Novell. As if our opinion of them could have previously been lower.
  • > With any luck, we will soon have an official ruling that SCO does not own much of
    > anything...

    Kimball ruled that SCO does not own the SysV copyrights last year. This trial is about how much of Novell's money SCO pocketed when they sold SysV licenses to Sun and Microsoft without Novell's permission. The case will then go back to the bankruptcy court where Judge Gross will decide what to do about it. Note that this trial is about how much of Novell's money SCO took, not whether or not they did so. The latter has already been decided.

    If Kimball awards more than a small fraction of the $37M maximum (likely) it is hard to see how SCO can avoid Ch. 7 liquidation.

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