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Re: SCO moronic loss in Novell suit


From: Alexander Terekhov
Subject: Re: SCO moronic loss in Novell suit
Date: Tue, 04 May 2010 16:11:56 -0000

RJack, I must disagree with you that SCO's suit against Novell was
moronic. 

As for the loss, consider that the loss in a jury trial was anticipated
by SCO:

http://www.groklaw.net/pdf2/Novell-761.pdf

"PlaintiffÂ’s claim for specific performance should be tried to the
Court"

http://www.groklaw.net/article.php?story=20100330152829622

"SCO will ask U.S. District Judge Ted Stewart to award the copyrights to
SCO "even if we didn't have them before," he said. "It's a setback, but
it's not over." 

Here's what he's referring to, the issues the parties agreed would be
decided by the judge, not the jury. It's the next step. One of the
issues is specific performance, meaning that SCO wants to argue that
even if they didn't get the copyrights before, they were entitled under
the APA and Amendment 2 to ask for the copyrights if they ever needed
them. Like now, I gather. "

See also:

http://www.linux-watch.com/news/NS5236790806.html

(Novell tries again for an SCO KO Apr. 24, 2007)
 
"Now, thanks to Novell's latest efforts to win a summary judgment
against SCO -- that is, Novell is asking the court to rule in its favor
without a trial because the evidence is so completely clear that Novell
is in the right -- we finally know why SCO did not get Unix's IP. 

[...]

Novell's senior VP and general counsel, Joseph A. LaSala Jr. argues
today that SCO only got the "copyrights ... required for [Santa Cruz
Operation] to exercise its rights with respect to the acquisition of
UNIX and UnixWare technologies." And, since SCO didn't ask for any
specific required copyrights, it never got them.  "

http://www.groklaw.net/articlebasic.php?story=20070530120553718

"A. With respect to Schedule 1.1(b) of the Agreement, titled "Excluded
Assets", Section V, Subsection A shall be revised to read:

All copyrights and trademarks, except for the copyrights and trademarks
owned by Novell as of the date of the Agreement required for SCO to
exercise its rights with respect to the acquisition of UNIX and UnixWare
technologies.  "

regards,
alexander.

P.S. "Every computer program in the world, BusyBox included, exceeds the
originality standards required by copyright law."

Hyman Rosen <address@hidden> The Silliest GPL 'Advocate'

P.P.S. "Of course correlation implies causation! Without this 
fundamental principle, no science would ever make any progress."

Hyman Rosen <address@hidden> The Silliest GPL 'Advocate'

--
http://gng.z505.com/index.htm 
(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)


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