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SCO vs. Novell - No Jury
Posted on Sunday, September 09 @ 06:32:56 PDT by EdisonRex

Nothing left of substance to argue

The slander of title suit between The SCO Group and Novell, Inc took a step closer to trial, only not a step SCOG was hoping for. The Hon. Dale Kimball has ruled, among other items motioned, that the trial will be a bench trial, not a jury trial, as SCOG has always hoped for.

In addition, Judge Kimball has denied SCOG's request for him to issue a partial judgement on a selection of issues in the case, which would have allowed SCOG to immediately appeal them. No, the "inevitable" appeals will have to wait for the end of the trial.

SCOG gets one point over Novell, however. At the trial, they can introduce new evidence, if there is any, to defend their sale of licenses to Microsoft and Sun of "Unix technology", to somehow make them look like the Unix in question isn't Novell's Unix System V.

It is going to be a brief trial, thankfully, however, it is a certainty that SCOG will appeal any decision against them in this trial (which is a pretty good bet it's going against them) to the next higher court. Unless SCOG runs out of money and goes bankrupt, which also is looking more and more likely, expect every "negative outcome" to go to appeal. Why not? What have the lawyers got to lose? They only make more money, and SCOG certainly appears to want to go down fighting than pay any money out to the companies that they've slandered.

One sees Darl McBride as a sort of Major Kong riding the bomb to earth, except Slim Pickens was a better actor. You have seen Dr. Strangelove, haven't you?



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