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SCO Is Back to its Old Utah Ways - Updated
Saturday, January 26 2008 @ 08:48 PM EST

SCO has filed its Opposition to Novell's Motion for Summary Judgment on its 4th Claim for Relief, along with exhibits, and a Declaration by Brent Hatch in support of its Opposition, which lists all the exhibits. Also there is a supplemental list of new witnesses and exhibits SCO hopes to present at trial, two new people, Lawrence Bouffard and Janet Sullivan.

It will not surprise you to learn that it filed its Opposition under seal and asked for leave to file excess pages. Guess how many. No. Really. Guess.

70 pages, "exclusive of face sheet, table of contents, authorities, appendixes and exhibits"!! SCO tried to be concise, it says, but it can't "fully and fairly address the issues" with fewer words.

Ah! Memories come flooding back. 70-page SCO filings! We're back in Utah! Oh, and guess what's on the list of exhibits: the history of System V as told by Wikipedia. Hahahaha! You don't suppose SCO wrote it. You think? Or outsourced it? The fact is, they could. We all know how totally and perfectly reliable Wikipedia is about every last detail, particularly on controversial subjects. Which is why they have a disclaimer, and its founder tells us not to rely on it.

Also on the list of exhibits on the Opposition are snips of depositions of various folks the judge already said he didn't find persuasive, like Alok Mohan and Jean Acheson. And some new evidence sneaking in, as far as I can tell, like some Mohan letters from 1996. Some amendments to Microsoft's agreement with SCO, too, and a "clarification" to Sun's "license grant to UnixWare and Openserver drivers" dated April of 2003, a month *after* SCO sued IBM. I gather the theme is, it's all about UnixWare.

Yup. We're in Utah again, all right.

Here are all the filings:

486 - Filed & Entered: 01/25/2008
Notice of Conventional Filing
Docket Text: NOTICE OF CONVENTIONAL FILING of MEMORANDUM IN OPPOSITION TO NOVELLS MOTION FOR SUMMARY JUDGMENT ON ITS FOURTH CLAIM FOR RELIEF and EXHIBITS THERETO filed by Counter Defendant SCO Group, Plaintiff SCO Group (Hatch, Brent)

487 - Filed & Entered: 01/25/2008
Declaration
Docket Text: DECLARATION of Brent O. Hatch re [486] Notice of Conventional Filing OF SCO'S MEMORANDUM IN OPPOSITION TO NOVELLS MOTION FOR SUMMARY JUDGMENT ON ITS FOURTH CLAIM FOR RELIEF AND EXHIBITS THERETO filed by SCO Group. (Hatch, Brent)

488 - Filed & Entered: 01/25/2008
Motion for Leave to File Excess Pages
Docket Text: MOTION for Leave to File Excess Pages filed by Counter Defendant SCO Group, Plaintiff SCO Group. (Attachments: # (1) Text of Proposed Order) Motions referred to Brooke C. Wells.(Hatch, Brent)

489 - Filed & Entered: 01/25/2008
Exhibit List(Proposed)
Docket Text: Proposed Exhibit List and Witness List (Rule 26(a)(3) Pretrial Disclosures) SUPPLEMENTAL by Plaintiff SCO Group.. (Normand, Edward)

Update: The court has granted SCO's request to let it file excess pages:

491 -Filed & Entered: 01/28/2008
Order on Motion for Leave to File Excess Pages
Docket Text: ORDER granting [488] Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 1/28/08. (jwt)


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