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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Prediction: SCO's briefing will be fantastic | 428 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Ladies and Gentlemen, SCO v. IBM Is Officially Reopened ~pj
Authored by: ChrisP on Saturday, June 15 2013 @ 06:01 PM EDT
Hooray! Part 3 of this saga has now been released. More late night entertainment
reading all the details coming up. <grin>

---
Gravity sucks, supernovae blow!

[ Reply to This | # ]

Corrections thread
Authored by: ChrisP on Saturday, June 15 2013 @ 06:02 PM EDT
Please put the correction in the title.
korrecshun -> correction

---
Gravity sucks, supernovae blow!

[ Reply to This | # ]

Off topic thread
Authored by: ChrisP on Saturday, June 15 2013 @ 06:05 PM EDT
This is an SCO free zone.

---
Gravity sucks, supernovae blow!

[ Reply to This | # ]

Newspicks
Authored by: ChrisP on Saturday, June 15 2013 @ 06:07 PM EDT
Newspicks comments. Please add a linky to the story as the news scrolls off the
front page fairly quickly.

---
Gravity sucks, supernovae blow!

[ Reply to This | # ]

Helping the judge get up to speed
Authored by: Anonymous on Saturday, June 15 2013 @ 06:22 PM EDT
I wonder if PJ, with the help of
a lawyer and donations to defray
costs, could file a brief as a
friend of the court detailing
all of SCO's slimy manipulations
and maneuvers to let the judge
know exactly what kind of scum
he is dealing with, requesting
sanctions?

[ Reply to This | # ]

Comes here
Authored by: SpaceLifeForm on Saturday, June 15 2013 @ 06:29 PM EDT
Apparently ChrisP got distracted.

---

You are being MICROattacked, from various angles, in a SOFT manner.

[ Reply to This | # ]

So the Zombie Returns
Authored by: AH1 on Saturday, June 15 2013 @ 09:18 PM EDT
Should we expect another 10 years of fun and frivolity from SCO and the folks at
BSF? Or dare we hope that the Nazgul will make short work of them.

[ Reply to This | # ]

IBM has only 4 days?
Authored by: rsteinmetz70112 on Saturday, June 15 2013 @ 10:51 PM EDT
The order says;

1. On or before June 24, 2013, SCO shall file a brief statement identifying its
claims which it agrees are foreclosed by the Novell judgment and the form of a
judgment dismissing

2. On or before June 28, 2013, IBM may file any objection to the form of that
order.

I don't see that SCO needs to list "all" of the remaining claims, only
those claims which are "foreclosed". That alone seems to me to leave
lots of room for SCO's famous mischief.

That IBM apparently has only 4 days to respond to what will likely be a very
convoluted brief from SCO seems to be an open invitation for the games to begin
(again).

---
Rsteinmetz - IANAL therefore my opinions are illegal.

"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk

[ Reply to This | # ]

Ladies and Gentlemen,
Authored by: Anonymous on Saturday, June 15 2013 @ 10:57 PM EDT
Welcome back, my friends
To the show that never ends

Tufty

[ Reply to This | # ]

What a wonderful coincidence
Authored by: Anonymous on Sunday, June 16 2013 @ 02:42 AM EDT
I was in he midst of reading the old articles again, and it was more out of a
sense of nostalgia.

Now we'll see the IBM meat chopper and the Boies Schiller Boys in full swing
again. I can't wait!

This will be fun and gratification.

[ Reply to This | # ]

SCO v. IBM Pantomime Season
Authored by: complex_number on Sunday, June 16 2013 @ 03:15 AM EDT
I know that many Groklaw readers in the US won't understand what sort of
theatrical show a British Pantomime is but in most of them there is a point
where one of the actors gets into a verbal duel with another one that goes along
something like

"Oh yes it is"
"Oh no it isn't"
"Oh yes it is"
"Oh no it isn't"

This can then result in custard pies or buckets of water being thrown and
general mayhem ensuing.

I found (what I hope is) the final death throws of SCO to be so close to a plot
of a panto that I couldn't refuse to make this post.

(Darl would make a fantastic Ugly Sister!)


---
Ubuntu & 'apt-get' are not the answer to Life, The Universe & Everything which
is of course, "42" or is it 1.618?

[ Reply to This | # ]

Building up towards the ultimate Red Dress Day! (n/t)
Authored by: tiger99 on Sunday, June 16 2013 @ 04:10 AM EDT

[ Reply to This | # ]

Let the fun commence - SCO v. IBM Is Officially Reopened
Authored by: SilverWave on Sunday, June 16 2013 @ 04:24 AM EDT
SCO, always prepared to throw more good money after bad.

It could be their new corporate motto ;-)



---
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

[ Reply to This | # ]

Ladies and Gentlemen, SCO v. IBM Is Officially Reopened ~pj
Authored by: Steve Martin on Sunday, June 16 2013 @ 06:59 AM EDT

SCO didn't list a single UnixWare copyright or any UnixWare materials allegedly infringed, but that's what claiming "new evidence" could end up being about.

Actually, I believe they did. Looking at the Second Amended Complaint, specifically the Fifth Cause of Action, we see that one of the copyrights which they claim was infringed is on UnixWare 7.1.3, the copyright on which was registered (by them) on June 11, 2003. Given that UnixWare 7.1.3 was released in 2003 (according to this Wikipedia article, I'd say it's very possible that this version contains code put into the product post-1995 and so would not be subject to the Novell ruling. That might give them at least a toe hold to continue this nonsense.

---
"When I say something, I put my name next to it." -- Isaac Jaffe, "Sports Night"

[ Reply to This | # ]

You knew the job was dangerous when you took it
Authored by: Anonymous on Sunday, June 16 2013 @ 02:50 PM EDT
Mentally I mean .

What happened to the bankruptcy proceedings . I thought that was a lifetime job
for the attorney Kahn.

Maybe Sco will call for Super Chicken ..CLUCKK!!

[ Reply to This | # ]

Best marketing money Microsoft ever spent
Authored by: Anonymous on Sunday, June 16 2013 @ 03:13 PM EDT
http://www.computerworld.com/s/article/91145/Update_Microsoft_behind_50M_SCO_inv
estment


Cheapest way ever to put a cloud over competitors for over a decade.

[ Reply to This | # ]

Ladies and Gentlemen, SCO v. IBM Is Officially Reopened ~pj
Authored by: royjones on Sunday, June 16 2013 @ 04:31 PM EDT
I started talking about going to law school ten years ago because of this case
and Groklaw. Now I'm just about to start my 3LE year and here we are again. I
wonder if even this part will be resolved when I graduate in two years.

[ Reply to This | # ]

Oh to be a lawyer!
Authored by: The Simulator on Sunday, June 16 2013 @ 09:27 PM EDT
If there's one thing this case proves: the US legal system
(or, at least, the Utah legal system) is completely broken.
It's a wonder IBM isn't bankrupt after 10 years of paying
lawyers and staff to fight this ridiculous lawsuit. Trials
of this length favor neither the plaintiff nor the
defendant, but the lawyers seem to do OK out of it. It's not
as if the courts even seem to understand the issues after
all this deliberation either.

Remember the court in Michigan that threw out SCO's claims
against Chrysler in a matter of weeks? If only the same
court could hear all of SCO's cases.

:-(

---
---
Simulation engineers do it with models virtually every day!

[ Reply to This | # ]

SuSE arbitration ?
Authored by: nola on Monday, June 17 2013 @ 11:45 AM EDT
What about the SuSE arbitration issue.

Does the lifting of the bankruptcy stay allow that to be reopened?

[ Reply to This | # ]

So, I read this line from PJ...
Authored by: Lazarus on Monday, June 17 2013 @ 02:28 PM EDT
"Here's what *could* happen"


And I immediately thought of the movie Clue.

But I'm not sure that SCO can correctly compute "1 + 2 + 1 + 1".

---
Ph'nglui mglw'nafh SCO L'ndon wgah'nagl fhtagn.

[ Reply to This | # ]

Prediction: SCO's briefing will be fantastic
Authored by: vb on Monday, June 17 2013 @ 03:44 PM EDT
It will follow this definition of fantastic: "Imaginative or fanciful;
remote from reality."

I'm guessing that when we read SCO's briefing we will be entering a new world, a
world not bound by such trivial things as "case history". Like PJ,
SCO probably can't recall of the details of this case. If past SCO work is any
indication, they won't need to recall past details since they will be creating
new details anyway.

[ Reply to This | # ]

Deadlines?
Authored by: jplatt39 on Monday, June 17 2013 @ 07:24 PM EDT
I suppose it's a stupid question but when does SCO's statement detailing which
claims are foreclosed have to be in? Can we expect it before July 14th (with
IBM's due the next day) or can they delay beyond that?

[ Reply to This | # ]

Ladies and Gentlemen, SCO v. IBM Is Officially Reopened ~pj
Authored by: eggplant37 on Tuesday, June 18 2013 @ 05:02 PM EDT
Has anyone cued the dead horse yet? I'm sure it's in for a
sound flogging. Holy mackeral! Ten years old, dead four
years, and it's back!

"I say we take off and nuke the entire site from orbit --
It's the only way to be sure." -- Lieutenant Ellen Ripley,
Aliens, 1986

[ Reply to This | # ]

Well?
Authored by: Sunny Penguin on Tuesday, June 25 2013 @ 02:28 AM EDT
we have any confirmation the The SCO Group actually filed on time?

---
/FL

[ Reply to This | # ]

  • Well? - Authored by: moz1959 on Tuesday, June 25 2013 @ 10:43 AM EDT
Ladies and Gentlemen, SCO v. IBM Is Officially Reopened ~pj
Authored by: m_si_M on Wednesday, June 26 2013 @ 01:44 AM EDT

A question for those versed in bancruptcy law:

  • The TSG Group (TTSGG) has no money left, yet Judge Kahn, Mr. Ken Nielsen and a few others are still being employed. Who pays their salaries? The American taxpayer via the bankruptcy court?
  • While BSF are working on the basis of a capped fee agreement, any kind of court proceeding will result in additional costs not covered by the agreement. Again, will taxpayers have to pick up the costs for this farce?
  • Is it possible to hold former executives financially liable for incurred expenses?

Replies from Legal Eagles would be welcome.

[ Reply to This | # ]

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