On 7/10/2010 9:13 AM, Jeffry Smith wrote: > Judge Kimball rules as a matter of law the contract was clear, and > tSCOG didn't get the copyrights. tSCOG appealed to the 10th circuit > that it should be a jury who decide. 10th Circuit ruled ruled that, > even if Judge Kimball was right (they actually stated in their > decision Novell had compelling arguments), it was for a jury to > decide (as tSCOG asked for), and sent it back to the district court, > where Judge Kimball recused himself (for reasons I don't recall), so > it ended up with Judge Stewart for jury trial. The jury (which > tSCOG asked for) ruled tSCOG didn't get the copyrights (probably not > helped by Darl testifying they didn't need the copyrights to conduct > business under the APA, only for their new extortion scheme). tSCOG > appealed to Judge Stewart on the grounds, basically, that the jury > they had asked for had to be wrong (to quote a movie line "I object > on the grounds its damaging to our case"). Judge Stewart denied > their appeal. Now they're appealing back to 10th Circuit that both > the jury (that they asked for) and Judge Stewart must be wrong, > because no one could possibly rule against them. My suspicion is the > 10th will deny them this time, but IANAL, so who knows? > > > I would suspect that this is only a formality, and they plan to > > appeal to SCOTUS. > > I suspect they'll continue to appeal as long as they can. Of > course, there's no requirement SCOTUS hear the appeal :)
Thank you, Mr. Smith for your clear summation. I've long since last track of the in & outs of all this. Other than the FUD (or otherwise) impact on Linux, I would not be interested in this matter, as I neither enjoy soap operas nor reality TV. The fact that this travesty has ground on so long both amazes and appalls me (IANAL, so perhaps this is common & normal, though it boggles my mind). When the dust settles, and truth & justice triumph (in other words, Linux, through its avatars, Novell & IBM), hopefully there are enough resources to reimburse those who suffered through this process. If not, more revenue, and emotional catharsis, could be raised to compensate, through A Modest Proposal of mine: Confine Darl, the various attorneys, Yarrow, and the other SCO miscreants to a desert island, which is well-equipped with hidden cameras, though with as few resources as SCO truly had, and see what develops. Revenue could be generated by selling advertising and gambling on individual participants dominance & length of survival. It would have much of the appeal of those game shows, soap operas and reality TV, which appear to captivate much of society. While it would be appropriate to deliver the Survivors-to-be to the island via a train wreck, however, a plane wreck would work (as it is the 21st century and our metaphors do need an update - plus I haven't figured out how to have a train wreck on a desert island). We could thrill to their emerging micro-society (ala Lord of the Flies), watch their gambols through the wilderness as they realize they truly are Lost and chill to their rising awareness that they themselves are the only protein source on the island. As I couldn't come up with a T-Rex to put on the island to eat any of the lawyers (for comic relief), this is then an alternative: Darl & Yarrow, after capturing the attorneys (Dewey, Cheatam and Howe) in a long, long chase, broil them over a fire in an attempt to extract their only remaining value. Think I could get any takers to my Modest Proposal? -- Dan Jenkins, Rastech Inc., Bedford, NH, USA, 1-603-206-9951 *** Technical Support Excellence for four decades. _______________________________________________ gnhlug-discuss mailing list gnhlug-discuss@mail.gnhlug.org http://mail.gnhlug.org/mailman/listinfo/gnhlug-discuss/