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

An "Efficient Windows 11 Experience" is Removing a Text Editor (Less than 5 Megabytes in Size) and Adding Chatbots That Require a New PC/Datacentre
Vista 11 24H2 update removes WordPad
[Meme] 'Secure' Boot in a Nutshell
Ask Microsoft if it is "safe" to boot Linux
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: Targeting Guest Writers (Intimidation)
Some high-profile people have told me that the serial defamer is a "monster" (their word), so why would Neil Brown wish to help him?
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 28, 2024
IRC logs for Tuesday, May 28, 2024
The Campaign to 'End' Richard Stallman - Part I - Two Canceled Talks in a Row?
RMS has left Europe, so the concept of "delayed" talk is facetious or deeply cynical
On Desktops/Laptops in Andorra Windows Fell to Less Than Half, 20% If One Counts Mobile as Well
And this is a European country
[Meme] 3 Years Later
If you're going to start a fight, make sure you can handle it
When You Leave a Bad Employer and Move on to Better Things
Perhaps my main mistake was not resigning from my job sooner
No, Your Site Likely Does Not Need WordPress
I was one of the first users of WordPress
GNU/Linux in Cameroon: Rising Steadily While Windows Falls From 99% to Just 6%
If one also counts mobile (mostly Android)
Monkey See, Monkey Share
on deprivation of users
From 0.17% to 10% or More (GNU/Linux in Dominica)
Dominica isn't well known, but it does seem to have embraced Chromebooks in recent years
Links 28/05/2024: Tensions in East Asia, UK Mandatory National Service
Links for the day
Gemini Links 28/05/2024: NetCrawl and Living in Lagrange
Links for the day
Guardian Digital, Inc (linuxsecurity.com) Handed Over Its Web Site to Chatbots That Generate SEO Garbage
They need to be called out on it
statCounter Sees Microsoft Windows at Below 1% in American Samoa
Not even 1%!
Windows Down to 60% of Guam's Desktops/Laptops and Down to a Quarter Overall
No wonder Microsoft is panicking
Today in UEFI 'Secure' Boot Debates (the Frog is Already Boiling and Melting)
Over at LQ today
[Meme] A "Modern" Web's Message in a Bottle
So-called 'security'
Brittany Day: Still Chatbot Slinging, Producing Fake 'Articles' About "Linux"
random garbage produced (and censored) by Microsoft
Almost 4k Gemini Capsules, 5th Anniversary Only Weeks Away
The Web will continue to deteriorate
Microsoft: $1 Million a Day for Contempt of Court Orders (Justice Department)
Microsoft behaves as if it's 100% exempt from laws
Catbodia? In Cambodia, Microsoft's Windows Fell to All-Time Low of Less Than a Quarter.
Cambodia is leaving Microsoft behind
[Meme] Deadnaming
Guess who uses a name that was deprecated well over a decade ago?
New Press Report Explains Microsoft Severance and Quiet (Undisclosed) Layoffs
Some people will call this "loophole", whereas others will opine that it is outright illegal (but kept secret to circumvent scrutiny)
Global South is Android/Linux (Windows Era Has Come to an End Already)
I've decided to take a quick glance at South American trends for all operating systems
[Meme] Unified Patent Troll
Unified Patent Court remains illegal and unconstitutional
The European Patent Office is Sinking
Officials (or national delegates) at the European Patent Organisation have long been warned about this (by staff representatives from the European Patent Office), but they ignored the warnings
Summer in the Air
We have a good pace going on owing to health, positivity, inertia and good software tools
GNU/Linux Activity in Belize
From an economic point of view, Microsoft needn't worry about Belize, but when it comes to preserving the Windows monopoly/monoculture Belize matters
Links 28/05/2024: Back to MP3, NVIDIA Sued by Authors
Links for the day
Gemini Links 28/05/2024: Bad Beach and TLS
Links for the day
Microsoft Windows Fell From 100% to Just 7.5% in Sierra Leone
Based on statCounter
In Benin, Microsoft's Windows Fell Below 10%, GNU/Linux Surged to 6% or Higher on Desktops/Laptops
That's nearly 7% - a lot higher than the average in Africa
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 27, 2024
IRC logs for Monday, May 27, 2024
Delayed Series About Dr. Richard Stallman
A lot of the attacks on him boil down to petty things
[Meme] Elephant in the Asian Room
With ChromeOS included GNU/Linux is at 6% across Asia
GNU/Linux in Bangladesh Up From 0.5% to Over 4% (Windows Slid From 95% to 18%)
Bangladesh is one of the world's most densely-populated countries
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: Targeting Several Webhosts (in Collaboration and Conjunction With Mentally-Ill Flunkies)
Every attempt to nuke the current hosting failed, but it's still worth noting
Links 27/05/2024: One Month Left for ICQ, More Openwashing Highlighted
Links for the day
Gemini Links 27/05/2024: Back to GNU/Linux, Librem 5 Assessed
Links for the day
StatCounter (or statCounter) Has Mostly Recovered From a Day's Downtime (Malfunction)
Some of the material we've published based on the statCounter datasets truly annoys Microsofters
Google: We Don't Have Source Diversity, But We Have Chatbot Spew in Place of Sources (and It's Not Even Accurate)
Search engines and news search never looked this bad...
[Meme] Security is Not a Failure to Boot (or Illusion of Security Due to 'Unknown' System)
Red Hat is largely responsible for this mess
What is Secure Boot?
Security means the user feels safe and secure - i.e. confident that the machine would continue to work following a reboot or a system upgrade (or kernel upgrade)
StatCounter (or statCounter) Has Been Broken for Nearly 24 Hours. Who Benefits? Microsoft.
StatCounter is broken right now and has been broken for nearly 24 hours already
Links 27/05/2024: Chatbots Generate Hateful Output, TPM Performance Scrutinised
Links for the day
David Heinemeier Hansson (DHH) Realises What He Should Have Decades Ago
seeing that DHH is moving away from Apple is kind of a big deal
Reinvigorating the Voice of GNU/Linux Users (Not Companies Whose Chiefs Don't Even Use GNU/Linux!)
Scott Ruecker has just announced his return
"Tech" in the Context of Even Bigger Issues
"Tech" (or technology) activism is important; but there's a bigger picture
A Decade of In-Depth Coverage of Corruption at the European Patent Office (EPO)
The world needs transparency and sunlight
Hopefully Not Sunset for StatCounter
We hope that StatCounter will be back soon.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 26, 2024
IRC logs for Sunday, May 26, 2024
Links 27/05/2024: Self-Publishing, Patent Monopolies, and Armed Conflicts
Links for the day
Gemini Links 27/05/2024: Tethering Connection and PFAs
Links for the day
Imagine Canada Enabling Rapists to Harass Their (Rape) Victims
This analogy is applicable because abusers are empowered against the abused