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

Why We Cover the Topics That We've Long Focused on (by Choice)
We'll continue to cover suppressed issues because such issues are usually obstructed
[Meme] The Reasonable Man
"The reasonable man adapts himself to the world"
International Troll Alert by Helen Plews
Helen Plews from Cybershow has this new article
The FSF (Free Software Foundation, Inc.) Can Reach Its Funding Goal of $400,000. This Bothers the Imposters and Foes of the FSF.
Software Freedom is something we must perpetually fight for
Linux Foundation Pays for LLM Slop (Puff Pieces Made by Bots) About the Linux Foundation
The so-called Linux Foundation is responsible for the production of spam and slop
General Consultative Committee (GCC) Meeting at the European Patent Office (EPO) Shows Existing Problems
the "real problems" and why "digitalisation" doesn't solve them
 
[Teaser] The EPO is Still Calling Monopolies "Products"
Coming soon
Anonymity for Sources
At the moment we can learn about stories in person or in encrypted voice chat
What Topics We Prioritise
On fishing for topics to cover
Oligarch-Owned Media Twists the Narrative and Demands More Surveillance
Corruption is the real issue here
Windows Falls to Single-Digit "Market Share" in Benin
Windows has fallen even further
[Meme] Doing Online Activism in Social Control Media
Dictators have always loved lists
Gemini Links 13/12/2024: Creative Moods, Berkeley DB, and More
Links for the day
Microsoft Windows Falls to New All-Time Low in Guatemala (Less Than a Quarter)
When it comes to operating systems, we don't think we've mentioned it before
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 12, 2024
IRC logs for Thursday, December 12, 2024
[Meme] Leave My /home Alone
A new version of Systemd
There's a New Version of Lagrange (Gemini Reader) and Its Developer is Making an IDE/Editor
I share or reciprocate almost anything I can through Gemini Protocol
Nick's Job at OSI: Promote Microsoft, Promote Proprietary Software
This is what Microsoft pays him to do
[Meme] Award-Winning Back-stabbing Opportunists
part of the rebel alliance
Azerbaijan Rejects Microsoft
Azerbaijan seems to have very little interest in Microsoft
[Meme] You Just Grab Him by the CoC
Sponsors of Python Software Foundation... "You don't like Python's corporate sponsor?"
Explaining What Deb Nicholson Does to the Python Software Foundation
Of course the OSI, which Nicholson also occupied, still helps Microsoft attack copyleft
IBM Said to Be Firing People Days Before Christmas
IBM is entering taboo territories
Microsoft Falls to Just 11% in Ivory Coast
Microsoft tried hard to catch up in mobile
Links 12/12/2024: Shell Settles With Greenpeace, DOJ Whistleblower Pilot Program
Links for the day
Gemini Links 12/12/2024: AuraGem TV and Advent of Code 2024
Links for the day
Fake "Linux" News, Produced by Microsoft Chatbots in 'Brittany Day' or "LinuxSecurity" Clothing
She's back at it
Microsoft OSI Promoting GitHub, Which is Proprietary and a Massive GPL Violator
OSI works for Microsoft, speaks for Microsoft, promotes proprietary software
Links 12/12/2024: Another 'Self-driving' Cars Dead End, Infowars Sale Blocked by Court
Links for the day
Links 12/12/2024: "Hey Hi" Hype Debunked, ActivityPub and Gemini Software on Same Server
Links for the day
Google Has Only Solidified Its Search Monopoly in Africa Since Microsoft's Chatbot/LLM Hype Started
Africa is basically a "Failed Market" to Microsoft
[Teaser] EPO is Running Out of Brains
EPO has been in the business of offering fake patents
South Korea Has Its Own Alternative to IBM's Proprietary RHEL
Owing to the Open Enterprise Linux Association (OpenELA)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 11, 2024
IRC logs for Wednesday, December 11, 2024
Fresh Rumour of Wave of IBM Layoffs Less Than a Fortnight Before Xmas Day
Unverified and anonymous
Links 11/12/2024: Additional Surveillance Ambitions and Cyberattacks on Sudanese Media
Links for the day
Links 11/12/2024: More Google Layoffs Rumoured for January, 'Linux' Foundation Colonises India
Links for the day
Mozilla's Firefox is Floundering, in the United Kingdom Its Share Fell to 2% This Month
HTTPS is becoming little but a transport layer for Chrome-like browsers, i.e. proprietary things with DRM and perhaps attestation (which means you cannot modify them; you'd get blocked for trying)
Protecting People From So-called 'Social Media' is Not Censorship (No More Than Banning or Restricting Access to Cigarettes is 'Censorship')
it's not censorship when the thing you are censoring [sic] is itself a censorship powerhouse operated by a foreign and hostile nation (or oligarchs of Musk's nature)
[Meme] Solving Real Problems With So-called 'Social Media'?
Feeding and medically treating animals helps, unlike "likes"
Links 11/12/2024: Climate Warming, 'People Can Fly' Layoffs
Links for the day
Gemini Links 11/12/2024: LLMs as Plagiarism, Advent of Code 2024 Momentum
Links for the day
In United Arab Emirates (UAE), Microsoft Now on One in 8 Internet-Connected Devices?
Web-connected clients are becoming scarce that run Microsoft operating systems (Windows)
IBM and Microsoft Hats at Linux Foundation
"Fedora Project Leader Matthew Miller: A change of hats!"
IBM's Latest Fedora Divestment Speaks for Itself
Microsoft must be very pleased with what IBM is doing
Why is UK Press Gazette Jingoistic About Plagiarists and LLM Slop Disguised as Journalism?
Press Gazette appears to be participating in the attack on honest journalism
EPO is Corrupt Like Always, What Changed is the Lack of Media Coverage (No Transparency Means No Democracy)
We need to revive online media and encourage dissent
[Meme] How NOT to Do Activism Online
So many self-professed liberals continue participating and driving traffic (ads) in X
In Central Africa, Which is Bigger Than Europe, Windows is About 5% in Terms of "Market Share"
they apparently got so fed up with colonialism
Communicating Outside of Skinnerboxes and Social Control Media
Tackling collective isolation and miscommunication (or communications being controlled by middlemen)
Number of Libera.Chat Users (Simultaneously Online) Falls to Lowest Figure in Over 3 Years
Notice the downward trend/curve in recent months
[Meme] Social Control Media is NOT Free Speech
It's time to discard that stupid argument that banning an abusive censor is "censorship"
Banning Not Only TikTok... if Not for FOMOC (Fear of Missing on Constituents)
It's a sort of addiction by peer pressure
Shedding Light on How the EPO Sheds Off Staff in Order to Grant Loads of Invalid (Fake) Patents in Europe
The people who decide on these policies lack a background in science
Montenegro's Share of GNU/Linux Reaches All-Time High
We don't really know why, but that's just what the data from statCounter suggests
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 10, 2024
IRC logs for Tuesday, December 10, 2024