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| Today is the Hearing in Novell -- Hope you're going! And which of you is pj? - Updated |
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Monday, June 04 2007 @ 09:00 AM EDT
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Just a reminder that there is the hearing on the remaining summary judgment motions in SCO v. Novell today. And Chris Brown can't go, so I hope you can and will take copious notes. While we wait, one of our members is a graphic artist and drew a funny graphic for us.
Remember the funny thread you guys started about showing up at the hearing all dressed in red dresses and saying you are PJ?... Well, it proved inspirational to Jill C. Carpenter.
Remember now, in real life we are NOT going to do this, but it's fun to joke around. Just not at the courthouse. Here is her masterpiece:
Nope. Haven't they heard? I'm a committee of lawyers.
: )
Update:
There is a Pacer entry telling us the motions argued today were taken under advisement, and again David Boies was not arguing for SCO: 06/04/2007 - 356 - Minute Entry for proceedings held before Judge Dale A.
Kimball : Motion Hearing held on 6/4/2007 re 275 MOTION for Summary
Judgment on SCO's First Claim for Slander of Title and Third Claim for
Specific Performance filed by Novell, Inc., 258 MOTION for Summary
Judgment (Partial) on SCO's First, Second and Fifth Causes of Action and
for Summary Judgment on Novell's First Counterclaim MOTION for Summary
Judgment (Partial) on SCO's First, Second and Fifth Causes of Action and
for Summary Judgment on Novell's First Counterclaim filed by SCO Group,
224 Cross MOTION for Partial Summary Judgment on Novell's Fourth
Counterclaim filed by SCO Group, 171 MOTION for Partial Summary Judgment
on Novell's Fourth Claim for Relief filed by Novell, Inc. After hearing
the arguments of counsel, the Court took the motions under advisement.
Attorneys for Plaintiff: Stuart Singer, Edward Normand, Mark Jacobs;
Attorneys for Defendants: Michael Jacobs, Kenneth Brakebill, Thomas
Karrenberg. Court Reporter: Becky Janke. (kmj) (Entered: 06/04/2007) Don't worry, by the way, if no one turns out to have been there. We will eventually get the transcript for you and we'll have a blast with that.
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| Authored by: lordshipmayhem on Monday, June 04 2007 @ 09:05 AM EDT |
| If there are any to be found [ Reply to This | # ]
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- Errors here - Authored by: Anonymous on Monday, June 04 2007 @ 09:14 AM EDT
- Name of Artist - Authored by: Anonymous on Monday, June 04 2007 @ 10:17 AM EDT
- Name of the - Authored by: Aladdin Sane on Monday, June 04 2007 @ 10:45 AM EDT
- Grok-o-diles? N/T - Authored by: brooker on Monday, June 04 2007 @ 10:55 AM EDT
- Grok-o-diles? - Authored by: Anonymous on Monday, June 04 2007 @ 10:59 AM EDT
- Grokodiles - Authored by: grouch on Tuesday, June 05 2007 @ 12:44 AM EDT
- Grokodiles - Authored by: Tufty on Wednesday, June 06 2007 @ 12:29 AM EDT
- Grokodiles - Authored by: PJ on Wednesday, June 06 2007 @ 12:37 AM EDT
- Grokodiles - Authored by: Anonymous on Wednesday, June 06 2007 @ 02:39 AM EDT
- Name of the - Authored by: red floyd on Monday, June 04 2007 @ 12:07 PM EDT
- Name of the - Authored by: Weeble on Monday, June 04 2007 @ 02:57 PM EDT
- Name of the - Authored by: PJ on Monday, June 04 2007 @ 04:58 PM EDT
- Name of the - Authored by: aha on Monday, June 04 2007 @ 05:48 PM EDT
- Name of the - Authored by: Anonymous on Monday, June 04 2007 @ 06:51 PM EDT
- Name of the - Authored by: Anonymous on Monday, June 04 2007 @ 12:47 PM EDT
- Name of the - Authored by: NickFortune on Monday, June 04 2007 @ 02:02 PM EDT
- Name of the - Authored by: Anonymous on Monday, June 04 2007 @ 02:40 PM EDT
- Name of the - Authored by: john82a on Tuesday, June 05 2007 @ 05:23 PM EDT
- Name of Artist - Authored by: LaurenceTux on Monday, June 04 2007 @ 11:03 AM EDT
- Name of Artist - Authored by: erehwon on Monday, June 04 2007 @ 01:40 PM EDT
- Fuzzy monitor - Authored by: Aladdin Sane on Monday, June 04 2007 @ 04:05 PM EDT
- Errors here - Previous article - Brown --> Brakebill - Authored by: Anonymous on Monday, June 04 2007 @ 11:12 AM EDT
- Red... - Authored by: Anonymous on Wednesday, June 06 2007 @ 11:17 PM EDT
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| Authored by: Anonymous on Monday, June 04 2007 @ 09:12 AM EDT |
Beautiful graphics!
JAM, at work.[ Reply to This | # ]
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| Authored by: Arthur Marsh on Monday, June 04 2007 @ 09:12 AM EDT |
Remember, use "HTML Formatted" Post Mode where necessary, like making
clickable links, and preview your post to check for errors.
---
http://www.unix.org/what_is_unix.html[ Reply to This | # ]
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- No..I'm Spartacus! - Authored by: Elfich on Monday, June 04 2007 @ 09:25 AM EDT
- You can bank on another chair biting the dust - Authored by: lordshipmayhem on Monday, June 04 2007 @ 09:35 AM EDT
- Plenty of time.... - Authored by: jmc on Monday, June 04 2007 @ 10:53 AM EDT
- Microsoft/Xandros Divide and Conquer Strategy Plan - Authored by: artp on Monday, June 04 2007 @ 10:53 AM EDT
- GPL3 and Novell-MS - Authored by: DL on Monday, June 04 2007 @ 10:54 AM EDT
- ODF in state bills - Authored by: gumnos on Monday, June 04 2007 @ 11:47 AM EDT
- Phoronix article on ATI Linux drivers - Authored by: artp on Monday, June 04 2007 @ 11:56 AM EDT
- CHange Logo - Authored by: Anonymous on Monday, June 04 2007 @ 12:14 PM EDT
- Is it just me ? - Authored by: Anonymous on Monday, June 04 2007 @ 12:17 PM EDT
- No, it's not just you. - Authored by: Anonymous on Monday, June 04 2007 @ 12:46 PM EDT
- Is it just me ? - Authored by: Anonymous on Monday, June 04 2007 @ 02:00 PM EDT
- Xandros - Authored by: Anonymous on Monday, June 04 2007 @ 02:05 PM EDT
- Xandros gets patent protection from Microsoft... - Authored by: Latesigner on Monday, June 04 2007 @ 12:31 PM EDT
- XKCD - Authored by: Anonymous on Monday, June 04 2007 @ 12:58 PM EDT
- M$ - Xandros -- Why Am I Bothering? - Authored by: Anonymous on Monday, June 04 2007 @ 01:50 PM EDT
- last draft of GPL3 - Authored by: stites on Monday, June 04 2007 @ 02:08 PM EDT
- Yoo Hoo Microsoft I am going to market The Farmers Way Linux a crop based distro. Send money.. - Authored by: Anonymous on Monday, June 04 2007 @ 02:34 PM EDT
- Red dress? - Authored by: Jude on Monday, June 04 2007 @ 02:50 PM EDT
- I am Kibo! - Authored by: Wanderer on Wednesday, June 06 2007 @ 05:01 PM EDT
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| Authored by: sschlimgen on Monday, June 04 2007 @ 09:15 AM EDT |
I don't have a red dress - would a red houppelande do?
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Meandering through life like a drunk on a unicycle.[ Reply to This | # ]
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- CafePress, perhaps? - Authored by: Anonymous on Monday, June 04 2007 @ 11:03 AM EDT
- houppelande - Authored by: Anonymous on Monday, June 04 2007 @ 12:02 PM EDT
- houppelande - Authored by: Anonymous on Monday, June 04 2007 @ 02:56 PM EDT
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| Authored by: Freespirit on Monday, June 04 2007 @ 09:22 AM EDT |
| Oh, thats good, really good! :-D [ Reply to This | # ]
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| Authored by: lordshipmayhem on Monday, June 04 2007 @ 09:39 AM EDT |
I'm the third PJ from the right, back row.
:P[ Reply to This | # ]
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| Authored by: Anonymous on Monday, June 04 2007 @ 09:46 AM EDT |
| I am Spartacus! [ Reply to This | # ]
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| Authored by: Anonymous on Monday, June 04 2007 @ 09:46 AM EDT |
| Can we get that on a T-Shirt? [ Reply to This | # ]
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| Authored by: Anonymous on Monday, June 04 2007 @ 09:53 AM EDT |
| I'm PJ - and so's my wife... [ Reply to This | # ]
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| Authored by: Anonymous on Monday, June 04 2007 @ 09:53 AM EDT |
For tomorrow at 5pm.
http://biz.yahoo.com/cc/7/81737.html
The irony is that just after I saw that, I looked on the message boards (yahoo),
and biff had a post titled, "Last call".[ Reply to This | # ]
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| Authored by: rsi on Monday, June 04 2007 @ 10:05 AM EDT |
PJ, you/we should definitely put this on a T-Shirt as a fund raiser for Groklaw,
Ibiblio, or for Anti-Software-Patents! Let me know if I can help to organize
this! Can you imagine 20 of us showing up at a hearing wearing these
T-Shirts??? ;^)
Rick Stanley
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| Authored by: webster on Monday, June 04 2007 @ 10:39 AM EDT |
;)
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webster
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| Authored by: Anonymous on Monday, June 04 2007 @ 10:44 AM EDT |
"These are not the PJ's you are looking for"
Can we have permission to use this as wallpaper?[ Reply to This | # ]
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| Authored by: Anonymous on Monday, June 04 2007 @ 10:46 AM EDT |
| Nice, Talent will out. Thanks! [ Reply to This | # ]
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| Authored by: psgj on Monday, June 04 2007 @ 11:02 AM EDT |
See what I started. I have been claiming (rightfully so since I am) to be the
real PJ, for what?, two years now. I guess I'm just a trend setter. Of course
everybody else at the trial is an imposter since the real PJ would not go to it
since it would be too public (and I would know since I am the real PJ).
Patrick "the real PJ" Jacobs[ Reply to This | # ]
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| Authored by: Anonymous on Monday, June 04 2007 @ 11:25 AM EDT |
| for those that haven't heard:
Xandros
has signed up with Micro$oft
"Microsoft Corp. has reached a
collaboration deal with Xandros Inc., a distributor of the Linux operating
system, containing some similarities to the Redmond company's controversial pact
with Novell Inc.
The agreement with Xandros, to be announced Monday, includes a
promise by Microsoft to refrain from pursuing patent claims against users of
Xandros software.
A similar element in Microsoft's deal with Novell, a larger
Linux distributor, caused waves by implying that the open-source program
violates Microsoft's patents. ,,,"
Phrostie [ Reply to This | # ]
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| Authored by: Anonymous on Monday, June 04 2007 @ 11:31 AM EDT |
| a bunch of cross dressing hippiess ... [ Reply to This | # ]
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| Authored by: Anonymous on Monday, June 04 2007 @ 12:20 PM EDT |
I just keep thinking of the scene from "Being John Malkovich" when he
enters his own head... "Malkovich, malkovich, malkovich...."
In this case, "PJ... PJ... PJ..."
[ Reply to This | # ]
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| Authored by: pauljhamm on Monday, June 04 2007 @ 12:42 PM EDT |
I'm really am just another PJ
have a great one PJ
just another PJ
[ Reply to This | # ]
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| Authored by: Anonymous on Monday, June 04 2007 @ 01:02 PM EDT |
Wow ! I was the one that started the thread.
Pj, you made my day ! Thanks !
[ Reply to This | # ]
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| Authored by: tredman on Monday, June 04 2007 @ 01:07 PM EDT |
I was watching "V for Vendetta" last night, and I couldn't help but
think of how, on a symbolic level (and minus the blood and carnage), so much of
that story reminds me of everything that's happened in the past few years.
Memorable quotes, via IMDB (http://www.imdb.com/title/tt0434409/quotes):
Evey Hammond: [Voiceover] Remember, remember, the Fifth of November, the
Gunpowder Treason and Plot. I know of no reason why the Gunpowder Treason should
ever be forgot... But what of the man? I know his name was Guy Fawkes and I
know, in 1605, he attempted to blow up the Houses of Parliament. But who was he
really? What was he like? We are told to remember the idea, not the man, because
a man can fail. He can be caught, he can be killed and forgotten, but 400 years
later, an idea can still change the world. I've witnessed first hand the power
of ideas, I've seen people kill in the name of them, and die defending them...
but you cannot kiss an idea, cannot touch it, or hold it... ideas do not bleed,
they do not feel pain, they do not love... And it is not an idea that I miss, it
is a man... A man that made me remember the Fifth of November. A man that I will
never forget.
...
[after a hail of gunfire doesn't stop V]
Creedy: Die! Die! Why won't you die?... Why won't you die?
V: Beneath this mask there is more than flesh. Beneath this mask there is an
idea, Mr. Creedy, and ideas are bulletproof.
...
Finch: Who was he?
Evey Hammond: He was Edmond Dantés... and he was my father. And my mother... my
brother... my friend. He was you... and me. He was all of us.
---
Tim
"I drank what?" - Socrates, 399 BCE[ Reply to This | # ]
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| Authored by: cricketjeff on Monday, June 04 2007 @ 01:13 PM EDT |
So you won't find it on nicewaistcoat.com but could be sung to the tune of
"In an English Country Garden". The original has three verses from
memory I invite you to come up with the next two.
How many PJs can there be
In a US District Court Room
Groklawyers know and they will foresee
The SCO Groups demise soon
Lies on patents contracts and facts
Purjured statements and retracts
All of these things TSG have tried
Public statements filled with fud
Make up a case as clear as mud
In a US District Court Room
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There is nothing in life that doesn't look better after a good cup of tea.[ Reply to This | # ]
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| Authored by: Anonymous on Monday, June 04 2007 @ 01:16 PM EDT |
"Haven't they heard? I'm a committee of lawyers."
PJ, maybe you should put your disclaimer back on the page header, but change it
to IANACOL.
[ Reply to This | # ]
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| Authored by: Anonymous on Monday, June 04 2007 @ 01:40 PM EDT |
He's holding Blepp's briefcase!
And the other one hates Groklaw for exposing the entire scam in real-time to the
world.
Poor Marriott.[ Reply to This | # ]
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| Authored by: Anonymous on Monday, June 04 2007 @ 01:51 PM EDT |
Interesting thought: they're jealous.
P.J. has effectively gathered a
community around her that is responsible for outstanding research of which P.J.
herself plays no small role.
I once saw a movie - can't remember the name
- where it was focused on some kind of lawyer situation. The main group had a
lead lawyer. He stepped through the process of identifying what would be
required for his team:
- Rules Guru - the one to know the RFP (rules of
Federal Procedure - did I get that right?) as well as state/municiple/etc
rules.
- Research Guru - the one to be able to dig around with regards to
finding out information.
- Precedent Guru - the one to be able to search
through the Legal Archives for those cases that would be most
helpful.
That kind of thing. I'm willing to bet if a lead attorney
sat down and mapped out each hat to be worn s/he would find star players here on
Groklaw.
What's possibly more amazing is that there is no one star
player, I'm willing to bet there'd be multiple individuals for each
role.
Well done P.J.
The benevolent guide with whom many choose to
follow and support.
RAS[ Reply to This | # ]
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| Authored by: rsteinmetz70112 on Monday, June 04 2007 @ 02:45 PM EDT |
.
---
Rsteinmetz - IANAL therefore my opinions are illegal.
"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk
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| Authored by: sonicfrog on Monday, June 04 2007 @ 04:58 PM EDT |
I wonder if the good folks at SCO are noticing that M$ is starting to throw
$$$$$$$ in Linux's direction, and not so much with UNIX anymore???? I know the
moves by M$ are intended to hurt or kill off Linux, but regardless of their
motives, it tells you what M$ thinks of the directions and growth potential of
the two operating systems..[ Reply to This | # ]
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| Authored by: Anonymous on Monday, June 04 2007 @ 05:56 PM EDT |
Satire is the best weapon.
[ Reply to This | # ]
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| Authored by: jpgraves on Monday, June 04 2007 @ 06:19 PM EDT |
I am not PJ, I'm JP.
I've been trolling all day long waiting for a report. I was hoping he might
rule on some of Thursday's stuff first thing today. Anyway, my stomach can't
take anymore of the no news. I'm going home and try and get to bed early. I
fell quite confident I'll be up a few times this evening checking to see if any
reports of the day are posted.
Cheers,
JP[ Reply to This | # ]
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| Authored by: Anonymous on Monday, June 04 2007 @ 06:40 PM EDT |
Eat your heart out, Slashdot.
[ Reply to This | # ]
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| Authored by: Anonymous on Monday, June 04 2007 @ 08:49 PM EDT |
I'm a "long-time listener, first time caller". I do not regularly read
the court documents, however, so my account is limited by my inability to follow
the arguments in detail.
I happened to be in SLC for a conference, so I attended the hearing. I've never
attended a hearing in a federal district court before, and I wanted to see if
something big would happen in the case. Unfortunately, I didn't take notes. If I
had expected no other eyewitness account would show up here, I would have taken
notes.
Attendance: reasonably full, but not packed. Maybe 20 or so in the public seats.
One person, who appeared to be a lawyer, was directly behind the Novell trio.
Approximately nine SCO lawyers/aides sat behind the SCO trio. Two of them later
moved to the IBM side of the room as the SCO side was quite full. Darl and his
wife(?) showed up, as well as a few other SCO-affiliated individuals. I'm not
sure if any other Groklaw readers were there, but I saw two young individuals
who weren't lawyers and didn't talk to the SCO people.
Jacobs argued everything for Novell, Singer for SCO. Jacobs seemed to be sharp
and to the point, and he stood there with his laptop making his arguments.
Singer was a little more dramatic (and fun to watch), and he had a stack of 10
or so poster boards that he kept swapping a subset of onto an easel; he would
often point to and read key phrases on the boards to make his points.
What I remember from the copyright arguments (from memory, reader beware):
SCO: Novell's executives at the time of the APA say they understood the
copyrights would be transferred, and other extrinsic evidence (argued here)
supports this.
Novell: We have testimony from Novell's APA lawyers indicating that the
copyrights were directly excluded from transfer, and more importantly we have a
clear legal record (especially in last few weeks before agreement was finalized)
directly indicating copyrights were excluded. Novell executives weren't involved
in negotiation details.
Entertaining moments:
Mr. Singer: we paid $200 million for these rights - if we didn't get the
copyrights, what did we get?
Mr. Jacobs: (something like:) Now it's $200 million? (Points to poster board)
His board over there says $125 million. In fact, it was 6 million shares ...
(continues)
Mr. Singer later repeats the $200 million argument without (I think) addressing
Mr. Jacobs comment.
As Pacer indicates, Judge Kimball took the arguments under advisement.
I'll check this thread for a while in case anyone has further questions about
the scene. Detailed argument questions are best left to the transcripts.
I will be in town all week - what is the likelihood of other hearings in this
case being scheduled in this time frame?
[ Reply to This | # ]
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| Authored by: Anonymous on Tuesday, June 05 2007 @ 12:42 AM EDT |
Remarkably, Judge Kimball didn't speak much at all. Sometime during the first
motion, after SCO finished an argument and Novell was about to respond, Judge
Kimball said something like: "Now I assume Novell has a different view of
this?"
At a later point, when Novell was about to respond, Judge Kimball asked Novell
to address specific parts of the latter half of SCO's argument.
I believe the argument order went as follows:
Motion 1: Novell, SCO, Novell, SCO
Break
Motion 2 (copyright ownership): SCO, Novell, SCO, Novell
As the hearing was ending, and Mr. Jacobs was still standing (he had already
walked back to his seat and turned around), Judge Kimball thanked someone for
such brilliant briefs (I didn't quite hear it all). It appeared he was thanking
both parties.
I missed no more than 5 minutes after the break, but otherwise I was in
attendance for the whole hearing. I don't remember Judge Kimball saying anything
notable besides the above. He did seem to regularly take notes as the litigants
were speaking.
I should also note that I kept an eye on the teams of litigants as the opposing
party was speaking. Everyone was mostly still. Occasionally Mr. Jacobs appeared
to smile very slightly during Mr. Singer's arguments. I couldn't get a good look
at any of SCO's trio of litigants, but occasionally one of the supporting cast
would glance over at another during Mr. Jacobs' arguments. One member shook his
head slightly but noticeably after one of Mr. Jacobs' statements. At one point
Darl walked up, leaned in, and spoke with another member for 5-10 seconds before
returning to his seat.
Besides the actual arguments being made by the litigants, the hearing seemed (to
this first-timer) to be largely uneventful.[ Reply to This | # ]
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| Authored by: Anonymous on Tuesday, June 05 2007 @ 05:18 AM EDT |
After reading some of the more recent postings here, I find that SCO has done
the classic "kill the goose that lays the golden eggs". What would
have happened if they had moved the decimal point back one notch? Possibly SCO
would have collected tens of millions from HP and Google. It sure would have
beat demanding hundreds of millions and collecting nothing. What if the Linux
license was 69.90 instead of 699? I suspect that significant numbers would have
been sold for doing little more than saying "Linux belongs to us. Pay up or
else". Eventually SCO's claims would have still been proven to be
groundless, but the FUD revenue stream might have made the company significant
profits.
Now the situation has shifted permanently such that this strategy will no
longer work. Claim infringement without evidence as Microsoft did recently and
the immediate response is "prove it or leave me alone".[ Reply to This | # ]
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| Authored by: mexaly on Tuesday, June 05 2007 @ 09:41 AM EDT |
Are visual aids, like the ones used by SCO, recorded along with the transcript?
Or do they just go by the wayside with respect to court records?
---
My thanks go out to PJ and the legal experts that make Groklaw great.[ Reply to This | # ]
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