RJack, I must disagree with you that SCO's suit against Novell was moronic.
As for the loss, consider that the loss in a jury trial was anticipated by SCO: http://www.groklaw.net/pdf2/Novell-761.pdf "Plaintiffs claim for specific performance should be tried to the Court" http://www.groklaw.net/article.php?story=20100330152829622 "SCO will ask U.S. District Judge Ted Stewart to award the copyrights to SCO "even if we didn't have them before," he said. "It's a setback, but it's not over." Here's what he's referring to, the issues the parties agreed would be decided by the judge, not the jury. It's the next step. One of the issues is specific performance, meaning that SCO wants to argue that even if they didn't get the copyrights before, they were entitled under the APA and Amendment 2 to ask for the copyrights if they ever needed them. Like now, I gather. " See also: http://www.linux-watch.com/news/NS5236790806.html (Novell tries again for an SCO KO Apr. 24, 2007) "Now, thanks to Novell's latest efforts to win a summary judgment against SCO -- that is, Novell is asking the court to rule in its favor without a trial because the evidence is so completely clear that Novell is in the right -- we finally know why SCO did not get Unix's IP. [...] Novell's senior VP and general counsel, Joseph A. LaSala Jr. argues today that SCO only got the "copyrights ... required for [Santa Cruz Operation] to exercise its rights with respect to the acquisition of UNIX and UnixWare technologies." And, since SCO didn't ask for any specific required copyrights, it never got them. " http://www.groklaw.net/articlebasic.php?story=20070530120553718 "A. With respect to Schedule 1.1(b) of the Agreement, titled "Excluded Assets", Section V, Subsection A shall be revised to read: All copyrights and trademarks, except for the copyrights and trademarks owned by Novell as of the date of the Agreement required for SCO to exercise its rights with respect to the acquisition of UNIX and UnixWare technologies. " regards, alexander. P.S. "Every computer program in the world, BusyBox included, exceeds the originality standards required by copyright law." Hyman Rosen <[email protected]> The Silliest GPL 'Advocate' P.P.S. "Of course correlation implies causation! Without this fundamental principle, no science would ever make any progress." Hyman Rosen <[email protected]> The Silliest GPL 'Advocate' -- http://gng.z505.com/index.htm (GNG is a derecursive recursive derecursion which pwns GNU since it can be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards too, whereas GNU cannot.) _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
