08.28.09

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Judges Appointed in SCO Case

Posted in Courtroom, GNU/Linux, SCO, UNIX at 5:23 pm by Dr. Roy Schestowitz

Weilding the hammer

Summary: Is SCO unlucky at cards?

IT IS not known yet whether Darl et al will be kicked out or not, but looking at the SCO saga in general, its impact is being grossly exaggerated because there is no substantial case to be fought.

The latest development revolves around appointment of judges and it does not seem favourable to SCO. Groklaw explains who one of them is:

Judge Campbell is an Idaho girl, which likely means she knows how to ride a horse and glean potatoes and enjoy a very big sky. She was educated in Arizona, and worked as Assistant U.S. Attorney and then Deputy County Attorney in the Salt Lake County Attorney’s Office before entering private practice. So she is a Utah transplant. I must say, I like the sound of this:

A copy of all proposed orders must be directly e-mailed to Judge Campbell’s chambers at the following address: [PJ: email redacted]. Proposed orders e-mailed to chambers must be editable and submitted in either WordPerfect or Microsoft Word format.

At least she knows how to use email, and she’s heard of WordPerfect. That’s a start! I’m just kidding. Utah is one of the most advanced court systems as far as tech is concerned.

Kidding aside, then, she’s not only heard of WordPerfect, she seems to prefer it. If you download her template jury instructions for civil trials or her trial order, they are in WordPerfect format. A lot of lawyers love WordPerfect, actually. I do too. I just love the freedom of GNU/Linux, but WordPerfect is wonderful software, particularly for law offices, because it does footnotes and headers so beautifully and can see who corrected what in all drafts of a document.

[...]

If you are curious, here’s Judge Kimball’s bio, and as you can see, it’s incredibly impressive, with many honors and awards and writings and achievements in a long and much admired career. I collected more information in this article way back in 2003, and you’ll see why so many admire him. The way SCOfolk tried to smear him was, to me, one of the lowest points of this nauseatingly low saga, and if you noticed the appellate ruling did not follow their lead. It was respectful of him, although reversing in some respects on a point of law, one that, should anyone bother to appeal, I suspect would affirm Judge Kimball anyway. I admire him myself very much. I only hope he hasn’t received the kinds of threats I get. Judges do get that sometimes.

Among those who publicly disparaged Judge Kimball was SCO and Microsoft friend, Maureen O'Gara.

According to another new report from Sean Michael Kerner, SCO keeps talking about funds it does not have.

SCO had stated in a 2007 SEC filing that the potential of a large payout to Novell had helped to push it into bankruptcy protection.

As to how SCO now expects to be able to pay Novell, Hunsaker said that the company has a plan — but gave away few details.

“We have a proposed business deal waiting in the wings that can solve the judgment if it can be structured in a way to meet the approval of the bankruptcy court,” he said.

Sean Michael Kerner’s addenda indicate that there is no real trouble for Linux.

Further to coverage of this latest ruling [1, 2], we have some more which is not worth reciting for any new information. The Canadian Press (CP) has covered it and so have a variety of legal publications. The Register says that a “new trial means Unix ownership still up for debate” and Geek.com calls it “round two”. The Boston press (where Novell’s headquarters are located) has some coverage from Novell’s angle and SoftPedia offers some interesting new details that Groklaw has already covered.

This decision will also have an impact on SCO’s position in the bankruptcy court, giving the company more chances to have a sale of the Unix business approved, while keeping the rights to pursue the ongoing lawsuits.

Judge Kimball, who presided the copyright case in 2004, recused himself from the IBM and Novell cases, being replaced by Judge Ted Stewart for the SCO – Novell litigation and Judge Tena Campell for the SCO – IBM lawsuit.

Justin Ryan, the person at Linux Journal who has kept track of this case for a long time, believes that “SCO Will Try Again” and Microsoft's acquiescent person at SD Times uses a familiar zombie-themed comparison.

The internet is alive with the sound of screaming this week, as everyone and their brother rushes to announce the Tenth Circuit Court of Appeals ruling on SCO’s appeal of the U.S. District Court’s decision in its case against Novell. To hear some tell it, SCO has emerged triumphant, Novell is vanquished, darkness shall reign in the whole of the land, and male pattern baldness will engulf us all.

The SCO saga may carry on for a while longer. It never seems to end and it’s obvious who gains the most.

“…Microsoft wished to promote SCO and its pending lawsuit against IBM and the Linux operating system. But Microsoft did not want to be seen as attacking IBM or Linux.”

Larry Goldfarb, Baystar, key investor in SCO

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