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SCO's Dec. 1 Bankruptcy Hearing Cancelled: New Date Jan. 18
Monday, November 29 2010 @ 09:58 PM EST

Another cancellation of a hearing in the SCO bankruptcy. The December 1st hearing is canceled. Are they hoping to keep canceling until the 10th Circuit rules on the SCO appeal? I'd wager that is the game, actually. I can just imagine: after the January 20th oral arguments, they'll tell the court that the judges seemed fascinated and engaged by SCO's arguments, so we should wait for their ruling. Or if it's scheduled just prior to the hearing, they will tell the judge that we should wait because the oral argument in the appeal is days away. And the judge will agree. So from that perspective, why have a bankruptcy hearing before January at the earliest, eh?

Lo and behold: "The next hearing is currently scheduled for January 18, 2011 at 10:00 a.m."

If you are in the mood for a hearing, and you are anywhere near San Francisco, oral argument in Psystar's appeal of its loss in the Apple v. Psystar case is scheduled for tomorrow:

25 - Notice of Oral Argument on DECEMBER Calendar.
Tuesday, November 30, 2010 9:30 a.m. Courtroom 1, 3rd Floor
( ) ** 10-15113 Apple, Inc. v. Psystar Corp.
Of course, call the court to make sure there hasn't been a last minute change, but it's set for 9:30 AM in the James R. Browning US Courthouse, United States Court of Appeals - 9th Circuit, 95 Seventh Street San Francisco, California 94103. If you go, leave your digital stuff at home and quietly take notes.

Here's the notice of canceling the SCO hearing:

11/29/2010 - 1207 - Notice of Adjourned/Rescheduled Hearing // Notice of Hearing Cancellation Filed by Edward N. Cahn, Chapter 11 Trustee for The SCO Group, Inc., et al.. Hearing scheduled for 12/1/2010 at 10:30 AM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. (Fatell, Bonnie) (Entered: 11/29/2010)

Mr. Singer will be arguing the appeal:

11/29/2010 - Open Document - [9818783] Oral Argument Acknowledgment Form filed by SCO Group. Served on 11/29/2010. Manner of Service: ECF/NDA.

He did extremely well last time, if we judge only by results and not by whether it's past the point where it makes any sense to continue at all, so SCO likely feels if it ain't broke, don't fix it. He is very skilled, and he's particularly good at coming up with arguments that make little sense after you analyze them carefully but are so complex and sound plausible enough on first hearing that judges might not totally dismiss them, and frankly on an appeal, that's enough sometimes to get another shot.

I wanted to mention also that we spent the weekend making some updates to our Transcripts page, adding links to all the trial transcripts in both SCO v. Novell trials, so that it's a lot easier to find what someone said in 2008 and compare annotation of SCO's Reply in its appeal of its loss to the 10th Circuit Court of Appeals that we needed a better map if we want to keep up with SCO's endlessly morphing tales. If you are planning to attend the January hearing, you might find it helpful to review before you set out.


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