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Here you go, munchkins. Judge Ted Stewart has ruled for Novell and
against SCO. Novell's claim for declaratory judgment is granted; SCO's
claims for specific performance and breach of the implied covenant of
good fair and fair dealings are denied. Also SCO's motion for judgment
as a matter of law or for a new trial: denied. SCO is entitled to
waive, at its sole discretion, claims against IBM, Sequent and other
SVRX licensees. CASE CLOSED!
Maybe I should say cases closed. The door has slammed shut
on the SCO litigation machine. The judge writes in the Memorandum
Decision and Order about SCOsource, "Finally, while SCO's witnesses
testified that the copyrights were
'required' for SCO to run its SCOsource licensing program, this was not
something that SCO
ever acquired from Novell." He totally got it. He noticed Darl McBride
admitted that SCO didn't need the copyrights. It couldn't be any better
if I'd written it myself.
Was the jury misled or confused? Not at all, the judge writes: "The
jury could have rejected the testimony of SCO's witnesses for a number
of
reasons, including their lack of involvement in drafting the APA, the
fact that there was little
testimony on any actual discussions concerning the transfer of
copyrights, or that many of the
witnesses had a financial interest in the litigation."
"The Clerk of the Court is directed to close this case forthwith," Stewart writes in the final judgment. I believe that means SCO v. IBM is essentially over now, unless IBM wishes to pursue its counterclaims. And now it is -- finally -- time, once again,
for my red dress! And a huge thank you to Michael Jacobs and the team
at Morrison & Foerster, who never gave up but, more importantly,
showed that you can fight hard and win with ethics and dignity, and to
Sterling Brennan of Workman|Nydegger, who was frankly absolutely
wonderful at trial.
SCO's stock I see is today worth a nickel. I consider that
overpriced, personally. It's not worth a plugged nickel. Well, I know
nothing about stocks, so don't go by me. Here's what I can't wait to
read: SCO's press release. Remember when they put them out after all
major court events? And Rob Enderle, Dan Lyons, and Maureen O'Gara.
Can't wait. Say, didn't Paul Murphy say he'd stop blogging if SCO lost?
Promises, promises. And may I be forgiven for simply stating
the obvious? Groklaw was never biased. We merely had sufficient
expertise to call it right. And we did. SCO really did fall downstairs, hitting its head on every step.
Here's the real question, though. How come Boies Schiller couldn't call
it right, when a mere paralegal could, and so protect its client from
going forward with a case that to me was obviously a loser from day
one? Maybe they tried. But review this 2003 teleconference transcript from our Transcripts page with Mr. Boies in attendance and decide for yourself if they were dragged in or willingly jumped. It's so puzzling to me. There may be an appeal, you say? Yes, true. I hope there is one, because Boies Schiller has to do it for free,
under its contract with SCO, and they claim they are already in the red
on this case. I'd call that a healthy learning experience. You
know what else I can't wait to hear? What SCO's trustee Edward Cahn
tells the bankruptcy court now. First he told it that SCO had worthy
claims, then he said they had a 50-50 chance, all to justify going
forward with this turkey of a case, at huge expense to SCO. And to all the folks who said viciously untrue things about Groklaw, apologies would be most welcome.
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