SCO Roundup: SCO Group Receives a $2 Million Cash Infusion
- Dr. Roy Schestowitz
- 2010-03-20 19:36:50 UTC
- Modified: 2010-03-20 19:36:50 UTC
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
●
SCO v Novell 2010-3-9
●
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
Recent Techrights' Posts
- Techrights Will Spend the Next Few Years Writing a Lot About Strategic Lawsuits Against Public Participation (SLAPPs)
- It's a growing problem
- The State of EPO Staff's Health in Rijswijk or The Hague
- We're going to cover the EPO some more later in the month
- NVIDIA Corp Lost 36% of Its "Value" Since Cheeto Inauguration, But "Gen Hey Hi" (GenAI) is Totally Not a Bubble
- Selling loads of unneeded hardware based on hysterical hype; like selling shovels during a Gold Rush
-
- Open Source Initiative (OSI) Privacy Fiasco in Detail: What Was Reported to the California Privacy Protection Agency (CPPA)
- We hope to finish this whole lot within a week, then move on to election, lobbying etc.
- Links 05/04/2025: Tariffs Backfiring, YouTuber Arrested, X/Twitter Set to be Fined
- Links for the day
- Gemini Links 05/04/2025: Offline is For Everyone, Copyright Colonialism, and More
- Links for the day
- Links 05/04/2025: TikTok Unsold (Still), Royal Society is Dead
- Links for the day
- GNU/Linux Growing in East Asia, Windows by Default No More?
- GNU/Linux is now on the shelf
- Slopwatch: Anti-Linux 'Articles' From Linux-Hostile LLMs
- It is almost always negative things and nobody can be held responsible for it except the charlatans prompting the LLMs
- Links 05/04/2025: Fentanylware (TikTok) "Sale Looks Highly Imminent" (US), Stock Market Drowning in Panic
- Links for the day
- Gemini Links 05/04/2025: Moving Plants, No to Smartwatches, RAID Hygiene
- Links for the day
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Friday, April 04, 2025
- IRC logs for Friday, April 04, 2025
- Techrights Has Dealt With More Potent SLAPPs Than Violent Microsofters Begging to Hide What They Did to Women
- I became accustomed to SLAPPs
- Links 04/04/2025: Fury in South Korea, Flight MH370 Remains Mystery
- Links for the day
- Gemini Links 04/04/2025: Anger and Raspberry Pi CM4
- Links for the day
- Links 04/04/2025: LLM Slop Bubble Bursting and Korea Music Copyright Association Bans Slop 'Music'
- Links for the day
- Traf-O-Data, the Company That Jeffrey Epstein's BFF (Bill Gates) (Co)Founded 53 Years and Went Out of Business Due to Heavy Losses
- Who will die first, Bill or Microsoft?
- Why Microsoft's Shares Sank Almost 20% in Recent Months (the Bubble is Imploding)
- verified press reports from the past 24 hours
- A Note on SimilarWeb
- Or why SimilarWeb is meaningless for more than 99% of the sites on the Web
- GNU/Linux Rises to Almost 5% in Algeria While Windows Sinks to All-Time Low
- GNU/Linux grew tenfold
- Where to Get More Gags
- A valued reader recommended that to us
- Links 04/04/2025: Tech Stock (Inc. GAFAM) Fall, Google Pretends to Do End-to-End Encrypted Emails (With Google in Control)
- Links for the day
- IBM Said to be Shutting Down Offices or Sites in the United States
- the press can no longer avoid admitting that IBM moves many jobs to India
- To Participate in Fedora Diversity You Must Use Proprietary Software
- Not for the first time either
- LLM Slop as Attack Vector on the Reputation of Linux
- The attacks on Linux have escalated to information warfare
- Yandex About to Be Three Times Bigger Than Microsoft (Bing) in Asia
- That's about 60% of the world's population
- Gemini Links 04/04/2025: Decoupling Updates, Elaho as Gemini Client
- Links for the day
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Thursday, April 03, 2025
- IRC logs for Thursday, April 03, 2025
- Microsoft's Trouble in Africa and Asia
- A new all-time high for GNU/Linux
- Brett Wilson LLP Reported to the Solicitors Regulation Authority (SRA)
- The saddest thing in all this is that law firms can maintain high standards shall they wish to
- Links 03/04/2025: Tariff Pains and C.D.C. Cuts
- Links for the day
- StatCounter: Microsoft is Masking a Disaster, It's Way Behind DeepSeek Already and Interest in LLMs Has Waned
- it turns out the money "raised" for "Open" "AI" may not even exist at all
- Links 03/04/2025: SoftBank Money for Microsoft "Open" "AI" Probably Doesn't Even Exist, Wikimedia Foundation Blasts LLM Nuisance While Microsoft Admits Demand Has Shrunk
- Links for the day
- Gemini Links 03/04/2025: Patch Panel and Pictures
- Links for the day
- Islamic Republic of Iran: GNU/Linux at All-time High This Month, Windows Falls to 12%
- Vista 10 is up this month despite being "end of life" (EoL) soon
- Indonesia: All-Time Highs for GNU/Linux
- What's noteworthy right now is the growth of GNU/Linux
- statCounter Says GNU/Linux Usage is Up Again (Internationally)
- some preliminary April data
- Only on April 1st Can the Free Software Foundation Associate With Microsoft's Open Source Initiative (OSI)
- We saw some pranks that day linking the FSF to Microsoft (e.g. "endorsing" Windows)
- Confirmed in the Mainstream Media: A Lot of Microsoft "Workloads" Were Just LLM Slop (Helping to Fake Growth for Years, as Microsoft Had Paid "Open" "AI" to Become a "Client") and Demand is Rapidly Waning, Datacentres Canceled and/or Shut Down
- Anything to facilitate further accounting fraud
- Taiwan's Media Covers Closure of Microsoft's "AI" Lab, It's Time to Talk About the Gradual Death of Windows and Implosion of the "AI" Bubble
- Earlier this week we showed that mostly Asian media had the 'nerve' to mention Microsoft silently shutting down its 'AI' lab
- IBM Gets Rid of Kelly Chambliss as Mass Layoffs Reported in IBM Consulting, IBM Loses Key Contracts/Graft
- IBM Consulting has been in disarray lately
- More Gains for GNU/Linux, Based on Web Surveys
- the Steam site shows rapid growth for "Linux" this month
- Slopwatch: Anti-Linux Articles, Not Even Written by Humans
- Why aren't Web sites more vocal about this problem?
- Over at Tux Machines...
- GNU/Linux news for the past day
- IRC Proceedings: Wednesday, April 02, 2025
- IRC logs for Wednesday, April 02, 2025
- Links 03/04/2025: Apple Fined Over Secret Surveillance, "Elegant Writer For A More Civilized Age"
- Links for the day