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| Believe it or not, SCO pops its head up again ~pj |
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Tuesday, March 26 2013 @ 04:31 PM EDT
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It's baaack. The SCO Group would like the US District Court in Utah to finally give it a hearing regarding its wish to go forward in its lawsuit against IBM "and other matters", whatever that last turns out to mean:
03/25/2013 - 1108
- MOTION for Hearing re 1095 MOTION to Reopen Case filed by Plaintiff
SCO Group. (Hatch, Brent) (Entered: 03/25/2013)
So, here we go again. One more Ring Around the Rosie with SCO.
Here's the text of it, minus the header and signatures, but they do call themselves "The SCO Group", in that the case was brought under that name -- but legally, aren't they calling themselves TSG now? Anyway, here it is:
The SCO Group, Inc. (“SCO”) respectfully moves for a Status Conference to discuss the Motion to Reopen the Case (Docket No. 1095), which was filed on November 4, 2011, as well as other matters. IBM filed its Opposition Memorandum on November 21, 2011 (Docket No. 1100). SCO filed its Reply Memorandum on December 8, 2011 (Docket No. 1102). Therefore, the briefing on that motion was complete as of December 8, 2011.
After the Motion to Reopen was filed, but before the briefing was completed, Judge Campbell recused herself on November 9, 2011 (Docket 1099). The case was then transferred to Judge Waddoups on November 10, 2011, and the Motion to Reopen the Case (Docket No. 1095) was set for hearing on April 18, 2012, (Docket No. 1101).
On December 9, 2011, after the briefing was complete, Judge Waddoups recused (Docket 1103) and the matter was transferred to Judge Sam who also recused on December 14, 2011 (Docket 1104). The matter was subsequently transferred to Judge Benson, and Judge Benson reset the Motion to Reopen the Case (Docket No. 1095) to April 23, 2012 (Docket No. 1105). On March 31, 2012, the matter was transferred to Judge Nuffer (Docket No. 1106) and on April 2, 2012, all hearings and deadlines were vacated.
SCO filed a Request to Submit for Decision regarding this Motion (Docket No. 1107) on June 14, 2012, seeking a setting to hear SCO’s Motion to Reopen the Case (Docket No. 1095). SCO incorporates here the arguments made in the Request to Submit.
Because SCO’s Motion to Reopen the Case has been pending before the Court since December 8, 2011, and was originally set for a hearing to be held on April 18, 2012, SCO respectfully requests that the Court schedule as soon as practicable a status conference and/or hearing on SCO’s Motion to Reopen the Case (Docket No. 1095).
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| Authored by: AntiFUD on Tuesday, March 26 2013 @ 04:38 PM EDT |
Is it SCO's birthday or something?
10 year-old cases shouldn't be allowed to play in Federal Courts without posting
a bond of Beeelions.
---
IANAL - Free to Fight FUD - "to this very day"
[ Reply to This | # ]
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- Believe it or not, SCO pops its head up again ~pj - Authored by: Anonymous on Tuesday, March 26 2013 @ 04:41 PM EDT
- I have seen the film... - Authored by: Nick_UK on Tuesday, March 26 2013 @ 05:59 PM EDT
- They are just a few days early ... - Authored by: Anonymous on Tuesday, March 26 2013 @ 07:45 PM EDT
- Well, duh... - Authored by: Anonymous on Tuesday, March 26 2013 @ 08:06 PM EDT
- This will never be over - Authored by: symbolset on Tuesday, March 26 2013 @ 09:52 PM EDT
- Believe it or not, SCO pops its head up again ~pj - Authored by: Tinstaafl on Wednesday, March 27 2013 @ 12:25 AM EDT
- Maybe they accidentally dropped... - Authored by: Anonymous on Wednesday, March 27 2013 @ 12:46 AM EDT
- Believe it or not, SCO pops its head up again ~pj - Authored by: Anonymous on Wednesday, March 27 2013 @ 02:02 AM EDT
- Believe it or not, SCO pops its head up again ~pj - Authored by: fxbushman on Wednesday, March 27 2013 @ 11:22 AM EDT
- The Zombie company - Authored by: Anonymous on Wednesday, March 27 2013 @ 05:20 PM EDT
- Believe it or not, SCO pops its head up again ~pj - Authored by: mtew on Thursday, March 28 2013 @ 08:06 PM EDT
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| Authored by: JamesK on Tuesday, March 26 2013 @ 04:49 PM EDT |
Geez... Someone must have shares in a popcorn company. ;-)
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The following program contains immature subject matter.
Viewer discretion is advised.[ Reply to This | # ]
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| Authored by: Anonymous on Tuesday, March 26 2013 @ 04:59 PM EDT |
Judge Kimball - original
Judge Campbell
Judge
Waddoups
Judge Sam
Judge Benson
Judge
Nuffer
That's a lotta Judges to be going through.
If the wikkipedia
article is correct. There's only three Judges left to pick up
the baton:
Jenkins
Shelby
Stewart
Not much time left
for SCOg before some Judge will have to respond to them :)
RAS[ Reply to This | # ]
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| Authored by: Anonymous on Tuesday, March 26 2013 @ 05:06 PM EDT |
And just after they finished shredding those "old business"
documents too... but I don't imagine THAT would have anything to do with their
renewed bravado.[ Reply to This | # ]
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| Authored by: darkonc on Tuesday, March 26 2013 @ 05:37 PM EDT |
Place off topic posts here...
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Powerful, committed communication. Touching the jewel within each person and
bringing it to life..[ Reply to This | # ]
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- Open Source developers file against Microsoft in Europe .. - Authored by: Anonymous on Tuesday, March 26 2013 @ 06:43 PM EDT
- Microsoft controls your hardware... - Authored by: Anonymous on Tuesday, March 26 2013 @ 11:52 PM EDT
- Open Source developers file against Microsoft in Europe .. - Authored by: Anonymous on Wednesday, March 27 2013 @ 04:34 AM EDT
- BBC - Authored by: tiger99 on Wednesday, March 27 2013 @ 05:32 AM EDT
- BBC - Authored by: Anonymous on Wednesday, March 27 2013 @ 05:47 AM EDT
- BBC - Authored by: Anonymous on Wednesday, March 27 2013 @ 08:00 AM EDT
- BBC - Authored by: JamesK on Wednesday, March 27 2013 @ 11:01 AM EDT
- BBC - Authored by: Anonymous on Wednesday, March 27 2013 @ 11:06 AM EDT
- BBC - Authored by: rcsteiner on Wednesday, March 27 2013 @ 04:24 PM EDT
- BBC - Authored by: Anonymous on Thursday, March 28 2013 @ 05:13 AM EDT
- Hispalinux anti-trust complaint -- Wasn't there an (ancient) Microsoft memo on this? - Authored by: darkonc on Wednesday, March 27 2013 @ 10:21 AM EDT
- Dog sniff at the front door of a house... constitutes a search for purposes of the 4th Amendment - Authored by: Anonymous on Tuesday, March 26 2013 @ 11:26 PM EDT
- The Troll Went Down to Georgia - Court Censorship Order Threatens Message Boards Everywhere - Authored by: Anonymous on Wednesday, March 27 2013 @ 06:48 AM EDT
- Google Glass May Not Be Welcome for Drivers in West Virginia - Authored by: JamesK on Wednesday, March 27 2013 @ 10:16 AM EDT
- Supreme Court rules police need wiretap authority to seize text messages - Authored by: JamesK on Wednesday, March 27 2013 @ 11:43 AM EDT
- Canada - Supreme Court: police need wiretap authority, not just a search warrant, to snoop texts - Authored by: Anonymous on Wednesday, March 27 2013 @ 11:45 AM EDT
- Here today, gone tomorrow: director of Nokia’s mapping platform joins SoundCloud - Authored by: Anonymous on Wednesday, March 27 2013 @ 02:24 PM EDT
- Killing hackers is justified in cyber warfare - Authored by: Anonymous on Wednesday, March 27 2013 @ 03:33 PM EDT
- Ask patent troll Nathan Myhrvold on /. - Authored by: Superbowl H5N1 on Wednesday, March 27 2013 @ 03:57 PM EDT
- Off topic. This one was scary ! lol - Authored by: Anonymous on Monday, April 01 2013 @ 11:53 AM EDT
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| Authored by: Anonymous on Tuesday, March 26 2013 @ 05:59 PM EDT |
On the one hand, I am amused to see SCO twisting slowly in the wind, approaching
the inevitable Chapter 7, running out of money to even pay lawyers to appear in
court for them. In fact, I kind of view this farce as a game of chicken between
the District Court in Utah and the Bankruptcy Court in Delaware: "You want
us to revisit that pile of rubbish? You won't declare Chapter 7 like any sane
court would do? Well, don't think we're going to waste our time hearing it. We
can stall longer than SCO will have money."
On the other hand, SCO really does have a point. A year and a half to even get
a motion heard on whether they can reopen the case? That seems unreasonably
slow, even by the pace of District Court actions. (Which makes it seem like the
District Court is in fact deliberately stalling - maybe I'm not just being
cynical in the previous paragraph. The only other possibility is that SCO has
had a really bad streak of luck with respect to judge availability. Couldn't
happen to a more deserving group.)
MSS2[ Reply to This | # ]
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| Authored by: darkonc on Tuesday, March 26 2013 @ 06:35 PM EDT |
Here is where we ignore SCO and talk about the rest of the
world.
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Powerful, committed communication. Touching the jewel within each person and
bringing it to life..[ Reply to This | # ]
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| Authored by: Anonymous on Tuesday, March 26 2013 @ 06:44 PM EDT |
| Who is still left at SCO? Anybody, anybody? [ Reply to This | # ]
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| Authored by: Anonymous on Tuesday, March 26 2013 @ 06:47 PM EDT |
| Until this moment I never believed in zombies. [ Reply to This | # ]
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| Authored by: Anonymous on Tuesday, March 26 2013 @ 07:26 PM EDT |
That probably explains the endless recusals.
DIE SCO DIE !
[ Reply to This | # ]
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| Authored by: BJ on Tuesday, March 26 2013 @ 07:28 PM EDT |
... to SCO's recent destruction of its business
records will have to do without my outrage in
this.
Sorry. There's only 25 hours in a day.
bjd
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| Authored by: Anonymous on Tuesday, March 26 2013 @ 07:38 PM EDT |
This is the lawsuit that never ends,
it goes on and on my friends.
Someone started it not knowing what it was,
And now it goes on and on because...
[repeat ad nauseum][ Reply to This | # ]
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| Authored by: Anonymous on Tuesday, March 26 2013 @ 08:19 PM EDT |
| With the incriminating evidence shredded, it's time for one more try. [ Reply to This | # ]
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| Authored by: AH1 on Tuesday, March 26 2013 @ 08:59 PM EDT |
I am actually surprised that the request didn't include the words "Make
them come back so I can bite their legs off." In reality that seems to be
all that is left of TSG.[ Reply to This | # ]
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| Authored by: OpenSourceFTW on Wednesday, March 27 2013 @ 01:40 AM EDT |
Can we bring back tarring and feathering just once? I'd be happy to contribute
some tar. They can supply the feathers from their flock of "flying"
pigs.
Then they need to be run out of town on a rail.[ Reply to This | # ]
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| Authored by: SilverWave on Wednesday, March 27 2013 @ 04:10 AM EDT |
.
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RMS: The 4 Freedoms
0 run the program for any purpose
1 study the source code and change it
2 make copies and distribute them
3 publish modified versions
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| Authored by: kh on Wednesday, March 27 2013 @ 04:17 AM EDT |
What relationship to the old SCO are they?
Do they still own anything? Apart from some possibly mythical right to sue?
Do they actually produce anything, do anything?[ Reply to This | # ]
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| Authored by: Anonymous on Wednesday, March 27 2013 @ 04:54 AM EDT |
"It's not dead, it's just resting"
For those not familiar with that
quote, it's the Dead Parrot
Sketch.
-pm [ Reply to This | # ]
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| Authored by: Anonymous on Wednesday, March 27 2013 @ 05:08 AM EDT |
If the destruction of the business records has been done then how can SCO bring
a new case. The records are destroyed so what evidence can they use. (I am sorry
I do not understand the law in this area.) If they found something new then
surely there maybe a case for not making it available during discovery and then
if they have the evidence, so claimed, then they perhaps did not destroy all the
documents but only selected ones.
All seems to be too a bit too convenient.
About time this was put to bed. I am glad I do not have shares or would have
even considered buy shares. I have a theory about "honesty in
business" and this on the surface of it seems a classic case.[ Reply to This | # ]
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| Authored by: TheMole on Wednesday, March 27 2013 @ 05:36 AM EDT |
Ah, what a beautifully subtle reference, PJ!
When, as a young lad we sang this nursery rhyme at school, it was explained that
the words date back to London in 1665 and refer to the symptoms of plague.....
RA[ Reply to This | # ]
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| Authored by: Anonymous on Wednesday, March 27 2013 @ 06:36 AM EDT |
| The Rasputin of the American business world. [ Reply to This | # ]
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| Authored by: polymath on Wednesday, March 27 2013 @ 07:07 AM EDT |
| How do you spell zombie? SCO [ Reply to This | # ]
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| Authored by: mcinsand on Wednesday, March 27 2013 @ 11:44 AM EDT |
How long have we been waiting for SCOX to produce the contents of Blepp's
briefcase? 1 year on the motion is relatively speedy, in comparison. I can't
believe that it's taken this long to produce even a few lines of the 'mountains
of code,' and I mean a few lines that were not improperly copied from BSD.
mc[ Reply to This | # ]
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| Authored by: Anonymous on Wednesday, March 27 2013 @ 05:48 PM EDT |
...only to re-insert it?
Good LORD... You'd think they'd have figured this out by now.[ Reply to This | # ]
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| Authored by: Chris Cogdon on Wednesday, March 27 2013 @ 09:29 PM EDT |
| pseudocode, in lieu of a flowchart:
if
thing.moves:
if not
thing.should_move:
if
thing.moving_on_own_volition:
thing.apply ( shotgun
)
else:
thing.apply (
duct_tape )
else:
if
thing.should_move:
thing.apply (
wd40 )
You would not
believe how long it took me to get the indenting right!
[ Reply to This | # ]
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| Authored by: Anonymous on Friday, March 29 2013 @ 12:34 AM EDT |
Just curious, what would the burden of proof be to re-open the case? What sort
of grounds would serve as the basis to deny the motion?[ Reply to This | # ]
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| Authored by: elronxenu on Tuesday, April 02 2013 @ 04:02 AM EDT |
With all the delays, legal dancing and running-away SCO
did, I find it
terribly cheeky that they should now
ask the court to please hurry up.
If SCO had felt an urgency
way back when, they would still have some assets
left for IBM
to win. [ Reply to This | # ]
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