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SCO Files Claim of Appeal in DC -- Claim Being Evaluated
Wednesday, January 12 2005 @ 12:33 PM EST

SCO filed a claim of appeal notice on December 29 in the DaimlerChrysler case. However, if you look at the docket sheet, it says they are appealing the voluntary dismissal. I have never heard of being able to do that, so I did some research to try to figure things out.

Here's what I learned. Anybody can file the claim. That doesn't mean it's going anywhere. The court will take your claim notice and your $375 but then they evaluate your claim to see if you can appeal that way or if you must file an application and get permission to appeal.

So, they filed just before the deadline before a new Michigan fast track arrangement [PDF] goes into effect on January 1st, 2005. The Michigan Court Rules are here and you can read all about the fast track here.

The fast track law would mean a much quicker resolution. They avoided the fast track by filing prior to the end of the 2004. But whether that trick works is yet to be seen. From all I learned, I am guessing their claim will be denied and they will have to file an application. I suppose that means that by the fast filing, they will avoid the fast track. I should have the claim notice later today, so check back for it here.

The only time I can recall SCO being in a hurry in this whole litigation fiasco was when they supported G2's motion to try to force IBM to work over the Christmas holiday. Say, that holiday has come and gone, I believe, n'est-ce pas? In other words, there is more than one way to game the system. And the media.


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