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A harvest of filings
Sunday, December 21 2008 @ 06:47 PM EST

PJ is obviously having a well deserved break. While she is resting, Groklaw's timelines are still maintained. To keep you up-to-date, here is a raw summary on the recent filings.

We hope you'll join us, the Groklaw technical team, in wishing Pamela all the best. Christmas and New Year are in sight. Take it easy.



SCO Bankruptcy

You can jump to the recent filings in the timeline here. The 19-Dec-2008 hearing was cancelled. Omnibus hearings have been scheduled for 29-Jan-2009 and 25-Feb-2009.

SCO v. Novell

Here are the recent filings:

12/10/2008 570 TRANSCRIPT REQUEST by SCO Group for proceedings held on 05/11/2004; 01/25/2007; 05/31/2007; 04/29/2008; 04/30/2008; 05/01/2008. before Judge Hon. Dale A. Kimball, re 567 Notice of Appeal, (Normand, Edward) (Entered: 12/10/2008)

12/10/2008 571 TRANSCRIPT REQUEST by SCO Group for proceedings held on 05/25/2005; 07/17/2006; 01/23/2007; 06/04/2007; 04/29/2008; 05/01/2008; 05/02/2008 before Judge Hon. Dale A. Kimball, re 567 Notice of Appeal, (Normand, Edward) (Entered: 12/10/2008)

12/10/2008 572 TRANSCRIPT REQUEST by SCO Group for proceedings held on 04/30/2008 before Judge Hon. Dale A. Kimball, re 567 Notice of Appeal, (Normand, Edward) (Entered: 12/10/2008)

12/10/2008 573 BILL OF COSTS filed by Novell, Inc.. (Sneddon, Heather) (Entered: 12/10/2008)

12/10/2008 574 DECLARATION of David E. Melaugh re 573 Bill of Costs filed by Novell, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3) (Sneddon, Heather) (Entered: 12/10/2008)

SCO Group v. Novell Appeal

Here are the filings to date:

12/01/2008 [9615593] Civil case docketed. Preliminary record filed. DATE RECEIVED:11/26/2008 Docketing statement due 12/15/2008 for SCO Group. Transcript order form due 12/15/2008 for Brent O. Hatch. Notice of appearance due on 12/15/2008 for Novell, Inc. and SCO Group.

12/10/2008 Open Document [9618511] Acknowledgement of transcript order filed by SCO Group. (Other proceeding 4/30/08) Transcript order form due 12/24/2008 for Laura Robinson.

12/10/2008 Open Document [9618513] Acknowledgement of transcript order filed by SCO Group. (See attached sheet for transcripts requested from Becky Janke). Transcript order form due 12/24/2008 for Becky Janke.

12/10/2008 Open Document [9618517] Notice of appearance filed by Devan V. Padmanabham for SCO Group. CERT. OF INTERESTED PARTIES: n. Served on 12/10/2008. Manner of Service: US mail.

12/10/2008 Open Document [9618519] Notice of appearance filed by Mr. Stuart H. Singer for SCO Group. CERT. OF INTERESTED PARTIES: y. Served on 12/10/2008. Manner of Service: US mail.

12/10/2008 Open Document [9618520] Notice of appearance filed by Mr. Edward Normand, Robert B. SIlver, and Mr. David Boies for SCO Group. CERT. OF INTERESTED PARTIES: y. Served on 12/10/2008. Manner of Service: US mail.

12/11/2008 Open Document [9618522] Notice of appearance filed by Mr. Mark F. James and Mr. Brent O. Hatch for SCO Group. CERT. OF INTERESTED PARTIES: n. Served on 12/10/2008. Manner of Service: US mail. 12/11/2008 [9618529] Notice of an NDA re-sent to Robert Silver and Devan Padmanabhan.

12/11/2008 Open Document [9618714] Notice of appearance filed by Ms. Heather M. Sneddon for Novell, Inc. and Mr. Thomas R. Karrenberg for Novell, Inc. CERT. OF INTERESTED PARTIES: y. Served on 12/11/2008. Manner of Service: US mail

12/11/2008 Open Document [9618718] Notice of appearance filed by Mr. Michael A. Jacobs for Novell, Inc. and Mr. George C. Harris for Novell, Inc. CERT. OF INTERESTED PARTIES: y. Served on 12/11/2008. Manner of Service: US mail

12/15/2008 Open Document [9619413] Docketing statement filed by SCO Group. Served on 12/15/2008. Manner of Service: email.

12/17/2008 Open Document [9620202] Case referred for mediation conferencing. Please open the document link in this notice for additional information.


  


A harvest of filings | 626 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Like a drink of water in the parched wasteland
Authored by: Anonymous on Sunday, December 21 2008 @ 07:05 PM EST
Thanx

-Wang-Lo.

[ Reply to This | # ]

A harvest of OT here
Authored by: webster on Sunday, December 21 2008 @ 07:18 PM EST
.

[ Reply to This | # ]

Off topic
Authored by: bbaston on Sunday, December 21 2008 @ 07:27 PM EST
Posted from my XO-1 with Ubuntu Intrepid

---
IMBW, IANAL2, IMHO, IAVO
imaybewrong, iamnotalawyertoo, inmyhumbleopinion, iamveryold

[ Reply to This | # ]

A harvest of filings
Authored by: Anonymous on Sunday, December 21 2008 @ 07:32 PM EST
Happy Holidays PJ, and enjoy some much needed time off.

[ Reply to This | # ]

  • Ditto...n/t - Authored by: Anonymous on Monday, December 22 2008 @ 11:47 AM EST
BK, sco 2x late in current reports
Authored by: Anonymous on Sunday, December 21 2008 @ 08:27 PM EST
Under BK SCO is supposed to file a current report 20 days after every month
end.

The october report is a month and 20 days overdue.
The november report is just overdue.

SCO's year end is october 31. SCO has been filing the current reports with
slightly different accounting practices than is seen in the SEC filings. I
suspect some juggling to make the 10K match the montly for october. Also there
might be alignment needed between SCO operations and SCO group with respect to
the planned reorganization.

The accountants should be earning their money on these.


[ Reply to This | # ]

Best wishes
Authored by: tizan on Sunday, December 21 2008 @ 08:35 PM EST
Best wishes for a very good holiday season to all and very good new year.

Many thanks PJ and best wishes for the future whatever path you take. The
community owe you one for the Groklaw concept (it was a genius idea). This
site's rapid dissection of evidence/legal paper work etc was really
captivating.

I really appreciated that and it kind of kept me relaxed knowing that
good/knowledgeable people were watching. I believe in the open source concept
as one facet of individual freedom and like the GPL license in its principles.

I wish to see this principle applied to other section of human knowledge. May
be someday something called open source medical research.

Forward we go ...despite up and downs ...but forward we move



---
tizan: What's the point of knowledge if you don't pass it on. Its like storing
all your data on a 1-bit write only memory !

[ Reply to This | # ]

A harvest of filings
Authored by: th80 on Sunday, December 21 2008 @ 09:40 PM EST
PJ,

It's only 10 days until 2008 is officially over. And it's been a good one.

Happy Holidays and here's wishing you a Happy New Year!

Tom

[ Reply to This | # ]

Issues raised on appeal
Authored by: Anonymous on Sunday, December 21 2008 @ 10:49 PM EST
From the Docketing Statement:

ISSUES RAISED ON APPEAL.

1. Whether the District Court erred in concluding, as a matter of law, that the Asset Purchase Agreement (“APA”) between Novell and The Santa Cruz Operation, Inc., SCO’s predecessor-in-interest, did not transfer the UNIX copyrights to Santa Cruz.

2. Whether the District Court erred in concluding, as a matter of law, that if the APA did not transfer the UNIX copyrights, then SCO is not entitled to the transfer of those copyrights now.

3. Whether the District Court erred in concluding, as a matter of law, that Novell has the right to “waive” SCO’s rights under any contract concerning SVRX, including SCO’s source-code rights.

4. Whether the District Court erred in concluding that if Novell had the right under the APA to “waive” SCO’s rights under any contract concerning SVRX, Novell did not have to comply with the implied covenant of good faith and fair dealing in exercising such right.

5. Whether the District Court erred in finding that SCO owes Novell $2,547,817 plus prejudgment interest in revenues SCO received under the Sun Agreement.

6. Whether the District Court erred in finding that SCO was not authorized to enter into the Sun Agreement based on its amendment of provisions concerning confidentiality in a prior agreement with Sun.

7. Whether the District Court erred in concluding that, as SCO’s principal, Novell has the right both to repudiate the contracts that SCO executed as Novell’s agent and to collect payments made thereunder.

[ Reply to This | # ]

A harvest of filings
Authored by: Morosoph on Sunday, December 21 2008 @ 11:30 PM EST
We hope you'll join us, the Groklaw technical team, in wishing Pamela all the best.

Hear here!

Enjoy a fabulous (and restful) Christmas, extending well into the new year.

[ Reply to This | # ]

Corrections Thread
Authored by: artp on Sunday, December 21 2008 @ 11:37 PM EST
If needed.
Summary in title. Eror -> error



---
Userfriendly on WGA server outage:
When you're chained to an oar you don't think you should go down when the galley
sinks ?

[ Reply to This | # ]

News Pick Comments Here
Authored by: artp on Sunday, December 21 2008 @ 11:44 PM EST
Tell us which News Pick you are commenting on.
Links are appreciated.


---
Userfriendly on WGA server outage:
When you're chained to an oar you don't think you should go down when the galley
sinks ?

[ Reply to This | # ]

12/17/2008 Open Document [9620202] Case referred for mediation conferencing.
Authored by: The Mad Hatter r on Monday, December 22 2008 @ 01:43 AM EST


Well I don't expect mediation to go anywhere, at least not in this case. Still
it's interesting seeing how the system works, and if a normal plaintiff was
involved, this is the sort of thing that could keep costs down.

Of course we all know that "normal" does not describe TSCOG. It would
be nice to be able to read minds, and find out exactly what they were thinking
when they started this, or if it was a simple case of insanity.


---
Wayne

http://sourceforge.net/projects/twgs-toolkit/

[ Reply to This | # ]

A harvest of filings
Authored by: Anonymous on Monday, December 22 2008 @ 02:37 AM EST

I got bad SCOliosis,
and my top SCOre is 0,
& I wanna get off SCOt free!

I've got so much SCO tissue
eSCOrt them out by the cops
they abSCOnded with the loot

[ Reply to This | # ]

Merry Christmas to all
Authored by: iceworm on Monday, December 22 2008 @ 05:35 AM EST
and a happy and prosperous new year

[ Reply to This | # ]

Thank you PJ, Mathfox and everybody for Groklaw
Authored by: TiddlyPom on Monday, December 22 2008 @ 05:49 AM EST
For helping the fight for software freedom and against corrupt monopolies who want to take away our choices.
Thank you for all your hard work and patience - you have many fans across the world.

It is working - slowly. Microsoft's Internet Explorer is in continuous retreat and Windows has dropped below 90%.

Meanwhile Microsoft's Vista is so bad that they have had to keep Windows XP going even longer since otherwise they would lose even more market share to Apple OS/X and Linux.

Desktop Linux usage is now about 2% in Europe and about 0.85% in the USA so should be over 1% next year. This is slow progress but as the RATE OF CHANGE is something like 100% growth then Microsoft SHOULD be worried :)

It is thanks to sites like Groklaw that users are starting to realize that they don't need to be locked into proprietary software.

Once more - thanks for everything PJ. Have a well deserved rest and a Merry Christmas and a Happy New Year to you all.

---
Open Source Software - Unpicking the Microsoft monopoly piece-by-piece.

[ Reply to This | # ]

BK#631 Transcript
Authored by: Anonymous on Monday, December 22 2008 @ 07:43 AM EST
The docket for BS#631 states "Notice of Intent to Request Redaction
Deadline Due By 12/18/2008." It is not 12/22/2008 and I havent seen
anything on the docket about such notice. Does this mean there will be no
redactions, and if so, what reason is there to continue to restrict access to
the transcript?

[ Reply to This | # ]

Add NewsPick
Authored by: th80 on Monday, December 22 2008 @ 01:54 PM EST
Here's a NewsPick.... Mozilla CEO: Ties with Google 'complicated' since Chrome

[ Reply to This | # ]

A Morning without PJ
Authored by: BarbieLee on Monday, December 22 2008 @ 02:02 PM EST
Kinda like a morning without breakfast or for you caffeine junkies, like a
morning without a cup of java. I was wondering how long the lady could handle
the daily grind as she burned the midnight oil to research and post the SCO and
other software legals????
Pray Pamela recharges her body and mind with a well deserved vacation and comes
to her senses realizing even though she's Wonder Woman she still must realize
she needs to slow down. Long distance runners understand sprinters can't compete
in the long haul. There will always be those who want the software field to
themselves. PJ and all those who supported her have managed to slay a few
monopolists this year but there are others who are lining up to try their own
tricks.
We need PJ and her band of Merry Men (women) to hang tough so all of us can
enjoy democracy at it's finest.
Merry Christmas PJ, thanks for the freedom to use my computer the way I want and
not have to pay tribute to some large corporation because they wanted their
undeserved tokens.
I wish you happiness most of all. Everything else will fall into place.

[ Reply to This | # ]

BK#639 Dorsey and Whitney
Authored by: Anonymous on Monday, December 22 2008 @ 05:19 PM EST
"Monthly Application for Compensation (Tenth) for the Period October 1,
2008 through November 30, 2008"

There seem to be three 'themes':

* Dissolution of SCO Software (China [Joing Venture];
* Issues with not having a financial audit;
* Fees.

Hmm ...

[ Reply to This | # ]

A harvest of filings
Authored by: Anonymous on Monday, December 22 2008 @ 09:15 PM EST
Would you patent the path of travel from your house to your place of work? You
might pay for a bus ride along that route, but would you be willing to pay be
bus company for that trip to work, even if you walked there?

A computer starts with a specific set of input (credits and debits, for example)
and one expects specific output (a financial balance), how many ways can you get
from point A to point B?

If you patent a great number of software paths, then I would suspect that this
latest economic crisis is a drop in the bucket when you can't write the software
that you need.

[ Reply to This | # ]

Laura DiDio makes another prediction...
Authored by: th80 on Monday, December 22 2008 @ 11:00 PM EST
She's at it again.... Pressure mounts for Microsoft to deliver with Windows 7

[ Reply to This | # ]

Something to cheer up PJ
Authored by: hairbear on Tuesday, December 23 2008 @ 03:18 AM EST
This fant astic sculpture of a red dress (right hand column, fourth picture down) was on sale in a local art shop for some months.
The picture on the website doesn't do it justice ... up close it is absolutely stunning.
If I'd had the money, I would have bought it on the spot and shipped it to PJ.
Whip-round anyone ? (that's a collection for those not from the north of England).

The bear with the hair.

[ Reply to This | # ]

Merry Christmas Everyone
Authored by: rsteinmetz70112 on Thursday, December 25 2008 @ 09:52 AM EST
or Happy Christmas as appropriate.

---
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

[ Reply to This | # ]

A harvest of filings
Authored by: Anonymous on Friday, December 26 2008 @ 02:01 PM EST
MacOS 10.5 Leopard was published 26 October 2007, but the copyright was not registered until 24 January 2008. Do copies of software purchased before 24 January have any more or less rights than those purchased later?
No difference. The publisher has 90 days after publishing to file a registration. I guess the reason for this is that a publisher doesn't want to wait for the registration work to start publishing. Think newspapers, program updates to fix security problems, etc.

[ Reply to This | # ]

How is it "obvious"?
Authored by: Anonymous on Monday, December 29 2008 @ 07:45 AM EST
"PJ is obviously having a well deserved break."

Any number of reasons could account for her being missing.
If she was planning on taking a break I would have thought that she would have
published a notice to that affect.
Do you have inside information?

[ Reply to This | # ]

Sorry, creation of new accounts has been temporarily disabled
Authored by: Anonymous on Monday, December 29 2008 @ 05:47 PM EST
Sorry, creation of new accounts has been temporarily disabled

too bad i was going to donate too.

[ Reply to This | # ]

this is beautiful ... microsoft patenting a "pay as you go computer"
Authored by: Anonymous on Tuesday, December 30 2008 @ 07:20 AM EST
this sound like a really inexpensive dual boot machine. just mirror the original
disk, or heck, replace it and load linux.

super cheap :-)

<a
href="http://edition.cnn.com/2008/TECH/12/29/microsoft.metered.computing/in
dex.html"</a>

[ Reply to This | # ]

A harvest of filings - a well deserved vacation.
Authored by: Anonymous on Tuesday, December 30 2008 @ 02:10 PM EST
Indeed! After doing yeoman's work lo these many years, a lull in the
proceedings as SCO attempts to line up it's ducks.

Take a well deserved rest, enjoy the holidays, and re-connect with family. Shut
of the infernal machine, disconnect the phone, turn off the cell phone and fax
and focus on the important people around you.

Hope PJ doesn't see this post for a while!

[ Reply to This | # ]

More filings to harvest
Authored by: Anonymous on Tuesday, December 30 2008 @ 05:01 PM EST
The BK court has SCO's MOR for October.
$400K unreserved cash.

Also the constructive trust has been approved. $625k.

The sum total of both of those seem to leave SCO with less than $0 unreserved
cash.

$400k - $625k = ?

Or SCO may have already reserved the $625k before Octobers report. In which case
they have had 60 days of november and december to spend their remaining $400k.

January 5th, when people return to work at SCO should be interesting.

[ Reply to This | # ]

Sco to file bankruptcy plan tommorrow
Authored by: dio gratia on Tuesday, December 30 2008 @ 05:53 PM EST
SCO to file bankruptcy plan tomorrow
December 30, 2008 — After a great deal of courtroom drama and mounting legal fees, the SCO Group is expected to file its Chapter 11 bankruptcy plan in court tomorrow.

Jeff Hunsaker, SCO’s president, wouldn’t provide exact details of the plan, but he said the reorganization will hopefully help the company come out of Chapter 11 bankruptcy, which the company filed for in September 2007.

One could wonder if they might ever provide exact details.

[ Reply to This | # ]

Fourth Motion to Extend Exclusivity Period for Filing a Chapter 11 Plan
Authored by: ak on Wednesday, December 31 2008 @ 02:46 AM EST
Docket says:

Motion to Extend Exclusivity Period for Filing a Chapter 11 Plan and Disclosure
Statement /Fourth Motion By Debtors Under Section 1121(d) for Extension of
Exclusivity Deadlines Filed by The SCO Group, Inc.. Hearing scheduled for
1/29/2009 at 02:00 PM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom
#3, Wilmington, Delaware. Objections due by 1/22/2009. (Attachments: # (1)
Notice # (2) Proposed Form of Order # (3) Certificate of Service and Service
List) (ONeill, James)
Debtor: The SCO Group, Inc.

See:
http://chapter11.epiqsystems.com/SCO/claim/search.aspx
(Click on "Docket")

[ Reply to This | # ]

Another Microsoft toy product breaks
Authored by: Anonymous on Wednesday, December 31 2008 @ 02:45 PM EST

You can bet Windows 7 is yet another Marketing Department release. Is there a more pitiful software company on the planet? Oh, wait . . .

Users report 30GB Zunes seizing up

[ Reply to This | # ]

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