03.20.10
SCO Roundup: SCO Group Receives a $2 Million Cash Infusion
Summary: News from the SCO case, including a few major developments
• Novell’s Motion to Allow Evidence: SCO Opened the Door
Yesterday, at the end of the day at the trial of SCO v. Novell, there was a discussion of whether certain evidence could be let in after all, due to something SCO said. Judge Ted Stewart asked Novell to put it in the form of a motion, and they have.
SCO accused Novell in its opening argument four times of slander of title “to this very day”. And in questioning Duff Thompson yesterday, the lawyer asked him if he saw evidence of slander of title to the present, and he said yes. It indicates a desire for damages covering the entire time period.
• First Week of SCO v Novell Jury Trial
• Monday’s Bankruptcy Hearing Rescheduled for April 7 at 3 PM
• Novell’s Petition for Writ of Certiorari – as text
• SCO vs. Linux: From the Court of Appeals to the Supreme Court
The trial between the SCO Group and Novell over the question of whether or not the copyrights to Unix were sold together with the Unix distribution rights has taken another turn. As many SCO witnesses gave hearsay evidence during the oral hearing at the Court of Appeals, Novell filed a petition with the Tenth Circuit Supreme Court. Novell has asked the Supreme Court to clarify whether a copyright is inherently included in a transfer of software distribution rights or whether a distribution contract leaves it up to the buyer to determine which of the copyrights that aren’t explicitly mentioned are transferred.
• Jury picked and trial commences in SCO v. Novell UNIX code copyright ownership dispute
• SCO Group Gets $2M In Funding (see the press release: “The SCO Group Announces $2 Million in Financing”)
• SCO secures funding to preserve company during bankruptcy
The company said that the financing is intended to allow for the preservation of the value of the company’s business while enabling it to proceed with asset sales, support its customer base and pursue litigation against several companies including Novell and IBM.
• SCO Responds to Novell’s Motion to Allow Evidence
• Judge Denies 2 Novell Motions: for Mistrial and to Allow Evidence
• Week 2, Day 6 of SCO v. Novell Trial – The Mistrial Motion, Kim Madsen, Steve Sabbath, Darl McBride
• Novell files Offer of Proof Re Prior Inconsistent Declaration of Sabbath
• Ouch! Judge Stewart denies the jury access to important evidence.
Two of SCOGs witnesses in SCO v Novell contradicted each other between testimony and deposition and Judge Stewart is denying Novell the opportunity to inform the jury of that contradiction. That seems unfair on its face. Novell moved for a mistrial and was denied that as well. You can follow the details on GROKLAW. I was beginning to think the judge was being even-handed but this seems outrageous. SCOG’s case is falling apart and Novell cannot show the obvious holes to the jury. The final instructions to the jury will be drawn up by Judge stewart after submissions by SCOG and Novell. With this apparent bias, there is a huge opportunity for unfairness to lead the jury astray. Perhaps this will correct itself in a sound finding by the jury but without all the relevant evidence they may not be advised to view SCOG’s foot-guns in perspective.
• First week of SCO-Novell trial focused on contract language
• Ex-SCO CEO testifies Novell claim inflicted harm
• Ex-SCO CEO: Novell elusive about IBM link
Novell’s ownership claims were timed to coincide with SCO releases of record earnings, which meant that instead of seeing its stock price jump, SCO’s share value declined, said McBride, who was fired as CEO in October by the bankruptcy trustee.
• Week 2, Day 7 of SCO v. Novell Trial – More McBride and Botosan Opens a Door – Updated
• Novell Anticipates Objections to SCO’s Experts’ Testimonies – The TK-7 Case
• SCO’s Motion to Allow Testimony
• Week 2, Day 8 of SCO v. Novell Trial – McBride’s Admission and Pisano – Updated
• New Proposed Jury Instructions and Novell Tries Again on Prior Ct. Rulings
• Week 2, Day 9 of SCO v. Novell Trial – Jury Hears About Kimball’s Rulings and Botosan – Updated [Slashdot submission]
• Novell to present case in trial against SCO Group
