Oh, I hope some of you can go, so you can tell us all about it. This is going to be thrilling, I'm sure. You are going to see some fine lawyering, guaranteed, from the Novell team. You can work your entire career as a paralegal and never see this level of skill in person. And I can't help but wonder if David Boies himself may show up, although what he can say that won't sound silly is a mystery to me after reading the filings. That's what they pay him the big bucks for, I guess, to try to find a way to survive these motions and get to trial.

Here's the notice on Pacer (I've done a legible version with urls to the documents below):

05/24/2007 326 NOTICE OF HEARING ON MOTION re: 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance, 277 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages, 273 MOTION for Partial Summary Judgment on SCO's Non-Compete Claim in its Second Claim for Breach of Contract and Fifth Claim for Unfair Competition, 180 Cross MOTION for Summary Judgment OR PARTIAL SUMMARY JUDGMENT ON NOVELL'S THIRD, SIXTH, SEVENTH, EIGHTH AND NINTH COUNTERCLAIMS, 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, 271 MOTION for Partial Summary Judgment on the Copyright Ownership Portions of SCO's Second Claim for Breach of Contract and Fifth Claim for Unfair Competition, 224 Cross MOTION for Partial Summary Judgment on Novell's Fourth Counterclaim, 147 MOTION for Partial Summary Judgment or Preliminary Injunction, 171 MOTION for Partial Summary Judgment on Novell's Fourth Claim for Relief : Motion Hearing set for 5/31/2007 09:00 AM in Room 220 before Judge Dale A. Kimball. (kmj) (Entered: 05/24/2007)

The Novell case is moving so fast compared to IBM, it's like they're on roller skates. We still haven't got all the summary judgment motions in redacted form or all the reply memos on Pacer yet. And my doctor tells me to rest! Ha! There's the latest redacted memo available but we don't have it uploaded yet, but it'll be here as soon as it's ready:

05/24/2007 325 - REDACTION to [306] Sealed Document, SCO's Memorandum in Opposition to Novell's Motion for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance by Plaintiff SCO Group. (Attachments: # 1 Part 2 # 2 Appendix)(Normand, Edward) (Entered: 05/24/2007)

Erwan and I have been working on a table of all the motions for you, but unless I speed up, the game will be over before I can finish my part. Let me get serious. I'll put it here as soon as it's done, so we can keep all the motions straight.

Here, thanks to a suggestion, is a readable version:

05/24/2007 - 326 - NOTICE OF HEARING ON MOTION re:

• 275 - MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance [memo in support as text; declarations by Tor Braham, Allison Amadia, David Bradford etc.; article]
  [article re SCO's sealed filing of memo in opposition - redacted Memo in Opposition and Part 2; Appendix; Declaration by G. Gervaise Davis - PDF

• 277 - MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages [article; redacted Memo in Support and as text]
  [article re SCO filing sealed Memo in Opposition with exhibits (3 cases)]

• 273 MOTION for Partial Summary Judgment on SCO's Non-Compete Claim in its Second Claim for Breach of Contract and Fifth Claim for Unfair Competition [corrected as 282; memo in support as PDF; article; redacted Kenneth Brakebill declaration with exhibits galore - article listing the exhibits by name]
  [SCO's Memo in Opposition; article]

• 180 - Cross MOTION for Summary Judgment OR PARTIAL SUMMARY JUDGMENT ON NOVELL'S THIRD, SIXTH, SEVENTH, EIGHTH AND NINTH COUNTERCLAIMS [redacted memo in support and Part 2 and Appendix, all PDFs [article]; article; article re Novell filing sealed memo in opposition and SCO filing sealed reply in support]

• 258 [text] 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 [exhibits (O'Gara, etc.); article; Novell's Evidentiary Objections - text
  Novell's redacted Memo in Opposition with exhibits; article; Novell's Response to SCO's Statement of Facts; redacted declaration of Kenneth Brakebill;

• 271 - MOTION for Partial Summary Judgment on the Copyright Ownership Portions of SCO's Second Claim for Breach of Contract and Fifth Claim for Unfair Competition [memo in support; article]
  SCO's Memo in Opposition; article

• 224 Cross MOTION for Partial Summary Judgment on Novell's Fourth Counterclaim [article; Novell Evidentiary Objections - text]
  [SCO's Memo in Opposition; text]

• 147 [text] - MOTION for Partial Summary Judgment or Preliminary Injunction [memo in support and as text; Declaration of Joseph LaSala with exhibits, article; redacted declaration of Michael Jacobs; errata]
  SCO's Memo in Opposition [article
  Novell's redacted Reply - as text; Declaration of Heather Sneddon with exhibits

• 171 [text; memo in support as text] - MOTION for Partial Summary Judgment on Novell's Fourth Claim for Relief [article; redacted declaration of Kenneth Brakebill with exhibits (all the contracts, Messman, Chatlos) - as text; article ; article re SCO's sealed memo in opposition and in support of SCO's cross claim; redacted SCO memo in support

Motion Hearing set for 5/31/2007 09:00 AM in Room 220 before Judge Dale A. Kimball. (kmj) (Entered: 05/24/2007)

Whew. If anyone wants to make this pretty, in a table, please do, but my eyeballs are ready to bleed, trying to keep it all straight. Also, I worked from our SCO v. Novell Timeline page, so if there are errors in there, I've duplicated them, so if anyone has the Novell Docket sheet to double check, that would be great. Thanks if you can help make this perfect.

I think you can see, though, from the list, how important this hearing will be. The theme is: who owns the copyrights? Just who slandered whom? Now, if you are IBM, you don't massively care who owns the copyrights in a way, because your position is that you haven't infringed them in any case. But if you are SCO, this really is your foundation for everything else, and Novell has asked the court to toss overboard most of SCO's evidence from its witnesses. So, I'm guessing they are practicing in front of a mirror already. Kidding. But lawyers do practice, and they do get nervous. I had a friend tell me once, just before a trial where he was representing another friend, that he was incredibly nervous. I was surprised, because he was a really skillful attorney, a true litigator too, and their hearts usually race with joy at any chance to argue. So I asked why, and he said, "Because he's counting on me, and he thinks I can do anything, and the truth is, I can't guarantee the outcome."