Bonum Certa Men Certa

Judges Appointed in SCO Case

Weilding the hammer



Summary: Is SCO unlucky at cards?

IT IS not known yet whether Darl et al will be kicked out or not, but looking at the SCO saga in general, its impact is being grossly exaggerated because there is no substantial case to be fought.



The latest development revolves around appointment of judges and it does not seem favourable to SCO. Groklaw explains who one of them is:

Judge Campbell is an Idaho girl, which likely means she knows how to ride a horse and glean potatoes and enjoy a very big sky. She was educated in Arizona, and worked as Assistant U.S. Attorney and then Deputy County Attorney in the Salt Lake County Attorney's Office before entering private practice. So she is a Utah transplant. I must say, I like the sound of this:

A copy of all proposed orders must be directly e-mailed to Judge Campbell's chambers at the following address: [PJ: email redacted]. Proposed orders e-mailed to chambers must be editable and submitted in either WordPerfect or Microsoft Word format.

At least she knows how to use email, and she's heard of WordPerfect. That's a start! I'm just kidding. Utah is one of the most advanced court systems as far as tech is concerned.

Kidding aside, then, she's not only heard of WordPerfect, she seems to prefer it. If you download her template jury instructions for civil trials or her trial order, they are in WordPerfect format. A lot of lawyers love WordPerfect, actually. I do too. I just love the freedom of GNU/Linux, but WordPerfect is wonderful software, particularly for law offices, because it does footnotes and headers so beautifully and can see who corrected what in all drafts of a document.

[...]

If you are curious, here's Judge Kimball's bio, and as you can see, it's incredibly impressive, with many honors and awards and writings and achievements in a long and much admired career. I collected more information in this article way back in 2003, and you'll see why so many admire him. The way SCOfolk tried to smear him was, to me, one of the lowest points of this nauseatingly low saga, and if you noticed the appellate ruling did not follow their lead. It was respectful of him, although reversing in some respects on a point of law, one that, should anyone bother to appeal, I suspect would affirm Judge Kimball anyway. I admire him myself very much. I only hope he hasn't received the kinds of threats I get. Judges do get that sometimes.


Among those who publicly disparaged Judge Kimball was SCO and Microsoft friend, Maureen O'Gara.

According to another new report from Sean Michael Kerner, SCO keeps talking about funds it does not have.

SCO had stated in a 2007 SEC filing that the potential of a large payout to Novell had helped to push it into bankruptcy protection.

As to how SCO now expects to be able to pay Novell, Hunsaker said that the company has a plan -- but gave away few details.

"We have a proposed business deal waiting in the wings that can solve the judgment if it can be structured in a way to meet the approval of the bankruptcy court," he said.


Sean Michael Kerner's addenda indicate that there is no real trouble for Linux.

Further to coverage of this latest ruling [1, 2], we have some more which is not worth reciting for any new information. The Canadian Press (CP) has covered it and so have a variety of legal publications. The Register says that a "new trial means Unix ownership still up for debate" and Geek.com calls it "round two". The Boston press (where Novell's headquarters are located) has some coverage from Novell's angle and SoftPedia offers some interesting new details that Groklaw has already covered.

This decision will also have an impact on SCO's position in the bankruptcy court, giving the company more chances to have a sale of the Unix business approved, while keeping the rights to pursue the ongoing lawsuits.

Judge Kimball, who presided the copyright case in 2004, recused himself from the IBM and Novell cases, being replaced by Judge Ted Stewart for the SCO - Novell litigation and Judge Tena Campell for the SCO - IBM lawsuit.


Justin Ryan, the person at Linux Journal who has kept track of this case for a long time, believes that "SCO Will Try Again" and Microsoft's acquiescent person at SD Times uses a familiar zombie-themed comparison.

The internet is alive with the sound of screaming this week, as everyone and their brother rushes to announce the Tenth Circuit Court of Appeals ruling on SCO's appeal of the U.S. District Court's decision in its case against Novell. To hear some tell it, SCO has emerged triumphant, Novell is vanquished, darkness shall reign in the whole of the land, and male pattern baldness will engulf us all.


The SCO saga may carry on for a while longer. It never seems to end and it's obvious who gains the most.

"...Microsoft wished to promote SCO and its pending lawsuit against IBM and the Linux operating system. But Microsoft did not want to be seen as attacking IBM or Linux."

--Larry Goldfarb, Baystar, key investor in SCO



Recent Techrights' Posts

SLAPP Censorship - Part 192 Out of 200: The Hired Guns of Garrett and Graveley Sent Us USB Sticks (One to Me, One to My Wife) Showing Lozza Talking to Garrett About Censoring/Deplatforming Techrights the Same Time Graveley Was Copy-Pasting Garrett's Lawsuit
Next year we plan to bring this matter to the Court of Appeal
Linux Kernel Becoming a Slopfest - Part 6 - Seeing Who Contaminates Linux With Slop (And Also Admits It)
Today we begin looking at some culprits
2026: The Year Galleries Realised the Need to Flag or Cull Slop Images
Society needs to shun slopfarms, people who use LLM slop (for anything at all), companies that use bots (which they dub "agents"), and so-called 'coders' who volley garbage into project and software hubs
 
UK High Court Shows SRA is Totally Useless in Curbing SLAPPs, This Has Impact on Our Reporting on the SRA Next Week
We'll carry on our coverage and soon finish the current series that so we can get on with more time-sensitive ones
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 21, 2026
IRC logs for Monday, September 21, 2026
Links 21/09/2026: "Lies of the Hey Hi (AI) Industry" and Solar Power Is Getting Cheap
Links for the day
Gemini Links 21/09/2026: Equinox and Beginner's Guide to Gemini
Links for the day
Links 21/09/2026: "Back On My Bicycle" and American Regime's War on Media Escalates Further
Links for the day
Software Freedom Day Celebrated in 5 or 6 Continent
Software Freedom Day (SFD) 2026 was big this year
SLAPP Censorship - Part 191 Out of 200: Garrett, Graveley and Lozza
They talk to and coordinate with one another
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 20, 2026
IRC logs for Sunday, September 20, 2026
Gemini Links 21/09/2026: Digital Hoarder, GTD, Minimalism vs Digital Minimalism, Rejection of LLMs
Links for the day
Links 20/09/2026: "Google Now Asking For Users’ Video Selfies" and Energy Prices Set to Rise
Links for the day
Enjoy the Giving/Sharing, Not Taking
We've long supported what we believed in, even with the little money we had
Links 20/09/2026: Amazon Layoffs, Flock 'Buyouts' (Silent Layoffs)
Links for the day
USCIS and Microsoft Rumours: Curbs on Lowering Salaries by Importing Cheaper Replacements?
It seems like Microsoft's mass layoffs and efforts to cheapen the workforce face obstacles
Gemini Links 20/09/2026: "Music While Working" and Radio Silence
Links for the day
Clownflare Data From Canada
We've like to think many people are attempting to install GNU/Linux over the weekend
SLAPP Censorship - Part 190 Out of 200: Plagiarism, Back Doors, and Sabotage of Linux
This can go on for a decade or longer
Linux Kernel Becoming a Slopfest - Part 5 - Kernel Dependency on Plagiarism Giant Microsoft is a Death Blow to Any Kernel
Microsoft is bringing copyright-infringing slop into Linux
GNU/Linux Has Grown a Lot Lately
Based on Clownflare
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 19, 2026
IRC logs for Saturday, September 19, 2026