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SCO and Novell Stipulate to Delay for SCO Response - SCO v. Novell
Friday, August 19 2005 @ 12:13 AM EDT

SCO, perhaps a bit stunned by Novell's aggressive Answer and Counterclaims, asked for more time to respond, and Novell has agreed. Here's their Stipulation [PDF], which allows SCO until September 12th to answer, and I'm guessing their attorneys are deep in research mode. Either that, or deep in vacation mode. To tell you the truth, that's the exciting part of a case, as far as I'm concerned, research, and the more complicated the issues, the more fun it is, and they're probably having fun, even if they aren't on a beach. High-stress fun, but fun.

Well, it'd probably be more fun if it weren't for that pesky cap on the legal fees.

There'd probably be more research too, if there were unlimited funds for the lawyers. It's the first thing that goes, you know, when money starts to dry up, research. That's when the paralegals start to take center stage, and while attorneys sometimes butter up paras by telling them that they know more than the attorneys do, trust me when I tell you, um, no. They don't.

. . . Well, sometimes they do, to be absolutely frank with you.

But probably not in a firm like Boies Schiller. Those are some far-out crazy dudes, on the cutting edge of try-anything-and-see-if-it-sticks, so personally, I'm looking forward to the results, although with the usual trepidation. They'll probably go down in history for their "The GPL is Unconstitutional", and not in a good way, but what I'll remember is their motion practice, which while offensive to me on several levels, was definitely creative, in both good and bad ways.

It affected me kind of like something that happened to me in Central Park once years ago, when I was there with a boyfriend one day, and there was some live music being played by some guys, playing Salsa -- how great the music in Central Park can be -- and people were dancing, naturally. One guy jumped up on a stage and was dancing by himself, staring right at me, and his footwork was definitely unusual and mighty fast and complex, but it left me completely cold. I didn't even realize it was supposed to impress me, until my boyfriend told me later, because to my eyes, it looked so unusual, it was odd.

I'm a geek, so dancing isn't the fastest way to my heart anyhow, even though I sincerely adore Salsa music and can even dance to it, sorta, as long as crowds aren't watching, you propel me where I'm supposed to go by taking a strong lead, and don't expect much. I followed this man's dancing with a genuine curiosity, because the steps were so unusual, but it affected me more like watching a dancing bear. It was dancing that was utterly alien to me, both impressive and icky at the same time. Didn't he see I was with someone, I wondered later? There he was, dancing for me with my boy friend standing right there. It felt kind of offensive, when I thought about it. Did he think I'd be so impressed I'd walk off with him? Slip him my phone number? What was the fantasy? Whatever it was, it wasn't my cup of tea.

That is a bit how I felt watching the legal footwork in the motion practice in SCO v. IBM. It was extraordinary footwork to watch, not always in the implementation but certainly in the conception. They were willing to try anything, and there's a fascination in watching that. But I also felt what I can only call the ick factor. Do they really think *that* will work? I'd find myself thinking. SCO got its money's worth, though, for sure, and it's certainly a cryin' shame the money is almost gone, but the bottom line for me is, if I never see such footwork again, it's OK by me.


  


SCO and Novell Stipulate to Delay for SCO Response - SCO v. Novell | 340 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections here please...
Authored by: Anonymous on Friday, August 19 2005 @ 01:57 AM EDT
so PJ can find them

[ Reply to This | # ]

Off Topic Here
Authored by: feldegast on Friday, August 19 2005 @ 02:03 AM EDT
please make links clickable

---
IANAL
The above post is (C)Copyright 2005 and released under the Creative Commons
License Attribution-Noncommercial 2.0
P.J. has permission for commercial use

[ Reply to This | # ]

SCO and Novell Stipulate to Delay for SCO Response - SCO v. Novell
Authored by: Anonymous on Friday, August 19 2005 @ 02:16 AM EDT
Why not just call it dirty dancing?

[ Reply to This | # ]

culture gap
Authored by: Anonymous on Friday, August 19 2005 @ 02:17 AM EDT
the dancer was probably baffled by your lack of receptiveness after you stared
at his dancing so intently =P

his behaviour sounds to be within the normal for his culture [making an
assumption here] and sex. equally does your behaviour for yours.

this is a good anology for the ongoing disputes between scog and world, imho.
there is a clear culture gap between the two sides that seems to make effective
communication impossible.

sum.zero

[ Reply to This | # ]

SCO and Novell Stipulate to Delay for SCO Response - SCO v. Novell
Authored by: Anonymous on Friday, August 19 2005 @ 02:32 AM EDT
Any news of Wallace's ridiculous case? I haven't seen any filings since early
July.

[ Reply to This | # ]

"We're Waiting...."
Authored by: TheBlueSkyRanger on Friday, August 19 2005 @ 04:35 AM EDT
Hey, everybody!

Novell has agreed to let SCO have more time to respond. Time they don't have
the money to make worthwhile.

I'm just wondering...how much entertainment value are Novell's lawyers getting
out of this? "Sure, we'll agree to an extension. We want to hear what
kind of explanation they'll come up with."

I'm wondering myself what kind of bull is going to be filed in September. If
for no other reason than to see if it's anything more than, "Hammina
hammina hammina...."

Dobre utka,
The Blue Sky Ranger

"Greetings, my friends! We are all interested in the future, for that is
where you and I are going to spend the rest of our lives. And remember, my
friends, future events such as these will affect you in the future."
==Criswell
"Plan 9 From Outer Space"

[ Reply to This | # ]

Does this matter to the lawyers personally?
Authored by: Anonymous on Friday, August 19 2005 @ 04:36 AM EDT
Let's see if I've got this right. If Novell wins their motion, SCO is
bankrupted immediately. The legal fees stop immediately.

What I'm curious about is if the bankruptcy trustee can then go after the money
already paid to the lawyers. My logic goes like this: The lawyers should have
known that the contract might require a significant payment to Novell by SCO.
When the lawyers entered into the fee cap with SCO, and in light of the
contract, they should have done due diligence. In other words, they should have
known that the money was not SCO's to spend. They should have known that they
were spending Novell's money.

I think this may not be SCO's usual delaying tactics. Or, it may be. If the
lawyers believe they get to keep all their fees, then; delay, delay, delay, just
because that's what the client wants. On the other hand, if they think they
have to work hard to save their fees then they are working hard and lots of
research is being done. (Could somebody look up at their office windows and see
if they're working late.) On the other other hand, if they think they have no
hope of keeping all the fees; have a nice vacation.

My guess is that they will be working hard on this motion because they may
personally suffer if they mess up. How close am I to reality?

[ Reply to This | # ]

SCO and Novell Stipulate to Delay for SCO Response - SCO v. Novell
Authored by: lsmft on Friday, August 19 2005 @ 04:43 AM EDT
How is it that with the Novell suit their chance of survival is now worse then
ever AND their stock is up?

[ Reply to This | # ]

What I find odd...
Authored by: DaveJakeman on Friday, August 19 2005 @ 05:10 AM EDT
...is that it's a SCO filing. It suggests that SCO and Novell actually
COMMUNICATED, outside of the court. And AGREED upon something.

Unlike with SCO v IBM, where the judge continually has to say "now
children..."

Is this the sign of SCO changing its tune already? Have SCO finally realised
this is serious? That it's time to come in from the playgroung and go see the
Headmaster?

---
Should one hear an accusation, first look to see how it might be levelled at the
accuser.

[ Reply to This | # ]

Novell's footwork
Authored by: Anonymous on Friday, August 19 2005 @ 05:15 AM EDT
Now THAT is something!

[ Reply to This | # ]

How can you be sure....
Authored by: Anonymous on Friday, August 19 2005 @ 06:36 AM EDT
.... he wasn't staring at your boyfriend ?

[ Reply to This | # ]

The dancing
Authored by: Anonymous on Friday, August 19 2005 @ 06:41 AM EDT
Some people dance to dance. You catch a rythm and and a riff, and if there's
a visual riff nearby, it's just part of the vibes. (There's a good old word we
don't hear much anymore. People are so focused on what you can touch with
your hand these days, it's like we've forgotten what it's like to touch the
soul.)

Drawing energy from the visual is often misunderstood. (How many times
have I been misunderstood?) I don't think he intended offense at any rate.
There may have been no intent of solicitation at all, just an enjoyment of the
moment.

Is there a parallel here? The guys at SCO definitely can't seem to imagine a
license without an implicit solicitation.

JouDanZuki

[ Reply to This | # ]

Mating Practises among various cultures in Central Park
Authored by: The Mad Hatter r on Friday, August 19 2005 @ 06:55 AM EDT


I remember having a girl act strange near me once, and being told by an aunt
that she was really interested in me. Quite frankly she left me totally cold.

And it was cultural - I'm a farm boy, and to a large extent I still think that
city girls are silly (even though my daughter has grown up as one).

So maybe it is cultural. Thought what sort of corporate culture would make a
company think that it owns the world I have no conception of.



---
Wayne

telnet hatter.twgs.org

[ Reply to This | # ]

A quote I always liked...
Authored by: Nonad on Friday, August 19 2005 @ 07:45 AM EDT
"What's amazing is not how well the bear dances, it's that he dances at
all."

-Robert Anson Heinlein

[ Reply to This | # ]

I, too, find The SCO Group's legal maneuvering to be fascinating
Authored by: Anonymous on Friday, August 19 2005 @ 08:36 AM EDT
But, for me, it's more of the feeling of watching a train wreck in slow motion
than watching an alien mating ritual. The engineers are fighting mightily to
keep the train on the tracks despite the tracks laid down by the CEO of the
railroad leading to certain doom.

[ Reply to This | # ]

SCO and Novell Stipulate to Delay for SCO Response - SCO v. Novell
Authored by: Anonymous on Friday, August 19 2005 @ 09:00 AM EDT
something inside me says could this be the actual end?
but then something else says no - sco will find someway to keep this going.

I just hope it is the former. I will be dancing then - on their grave.

[ Reply to This | # ]

Reason for Sept. 12
Authored by: Anonymous on Friday, August 19 2005 @ 09:06 AM EDT
The reason for delay until Sept 12th is that it will be right around/after the
financials are released.

[ Reply to This | # ]

Don't be upset about it.
Authored by: Anonymous on Friday, August 19 2005 @ 09:30 AM EDT
Went out with a dancer recently (chick, but i'm sure the blokes are just the same).

Vacuous waste of space.

Be thankful you didn't grok it at the time, to be honest, I wouldn't waste time worrying about it.

!Z

[ Reply to This | # ]

Question. Why did Novell agree?
Authored by: Anonymous on Friday, August 19 2005 @ 09:36 AM EDT
Why did Novell agree to this? Wouldn't a delay give SCO more time to spend the
money Novell is due? Doesn't that send the wrong signal to the judge? If I
were a judge, and you asked me for immediate relief, yet you agree to a
significant delay, I'd be inclined not to grant it to you. If another two plus
weeks isn't a problem, what's wrong with another six months for discovery? If I
were Novell, I would have fought them tooth and nail for every day of delay.

[ Reply to This | # ]

SCO and Novell Stipulate to Delay for SCO Response - SCO v. Novell
Authored by: blacklight on Friday, August 19 2005 @ 10:54 AM EDT
"SCO, perhaps a bit stunned by Novell's aggressive Answer and
Counterclaims, asked for more time to respond, and Novell has agreed. Here's
their Stipulation [PDF], which allows SCO until September 12th to answer, and
I'm guessing their attorneys are deep in research mode. Either that, or deep in
vacation mode" PJ

Let's call it one hellacious working vacation for SCOG: this is make or break
time.

[ Reply to This | # ]

Enough money
Authored by: Anonymous on Friday, August 19 2005 @ 12:38 PM EDT
PJ wrote, "Well, it'd probably be more fun if it weren't for that pesky cap
on the legal fees."

Wasn't the fee they got rather large? Maybe their hourly is dropping from $5,000
to $4,000, which is still astronomical and, while a loss, doesn't elicit much
empathy at this end.

[ Reply to This | # ]

Prepare for MOGs "Salsa Tour 2005"
Authored by: Anonymous on Friday, August 19 2005 @ 02:21 PM EDT
Imagine her standing on the stage, peering intently into the crowd to spot a
woman in a red dress...

:-)

Linux_Inside

[ Reply to This | # ]

SCO and Novell Stipulate to Salsa Break - SCO v. Novell
Authored by: webster on Friday, August 19 2005 @ 04:46 PM EDT
PJ, te gusta Henry Fiol?

---
webster
>>>>>>> LN 3.0 >>>>>>>>>

[ Reply to This | # ]

PJ.. You are such a paralegal!
Authored by: Mecha on Friday, August 19 2005 @ 06:20 PM EDT
"To tell you the truth, that's the exciting part of a case, as far as I'm concerned, research, and the more complicated the issues, the more fun it is, and they're probably having fun, even if they aren't on a beach. High-stress fun, but fun."

You probably loved your job until you started Groklaw

---
******************************************************* *****

I am not clever enough to write a good signature. So this will have to do.

*****************

[ Reply to This | # ]

Performance Art
Authored by: Anonymous on Friday, August 19 2005 @ 11:56 PM EDT
PJ, that's a lovely metaphor about the dancing, and one reason I keep coming
back here to see how the cases stand is that I am also fascinated by the
artistry of the law -- both the beautiful work of IBM's and Novell's counsels,
and the sheer rat-vicious energy and gall of SCO's.

Part of why I'm fascinated is that I was once "propelled unwillingly onto
the dance floor" myself (which I why I post anonymously). Learned a lot,
and I came to understand why folks can love the law, while hating some lawyers.

So I have great sympathy for IBM, Novell, Red Hat, Daimler/Chrysler, AutoZone,
and... well, all of us, really... who have been injured by being forced to
participate in SCO's "performance art". And I'm really looking forward
to the day when SCO is chased out of the dance hall, cut off at the knees, and
dropped at the edge of town.

[ Reply to This | # ]

SCO and Novell Stipulate to Delay for SCO Response - SCO v. Novell
Authored by: Anonymous on Saturday, August 20 2005 @ 05:05 AM EDT
I am not a lawyer or a finance analyst.

However just looking at SCOX and NOVL on Finance Yahoo I found it rather
intriguing that quite often with these two stocks when one goes up the other
goes down. I also did comparisons of these two stocks with several other
software corporations and the Nasdaq, there was not such an interplay as that
which was displayed between SCOX and NOVL. I thought that this was rather
interesting as these two companies can trace their roots to Noorda, with that in
mind I would venture to guess that there are individuals and/or institutional
holders that have an interest in both of these companies(i.e. Capital Group
Companies though there may be more). CAPITAL RESEARCH AND MANAGEMENT COMPANY
appx. $123 million invested in NOVL and CAPITAL GUARDIAN TRUST COMPANY $3.7
million invested in SCOX. These indivuals and/or institutional holders could
very easily manipulate SCOX to rise in value at the expense of NOVL and visa
versa to protect their investments. However this yin and yang trend seemed to
have intensified after SCOX filed their slander suit against NOVL as prior to
that they generally followed the same trend as the NASDAQ with the exception
being during the time period when McBride was on his "we own Unix IP"
(stock pump) rant.

But then again I'm just an average guy, "dancing with myself" hoping I
don't get gawked at!

vegast

from under the bridge

[ Reply to This | # ]
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