David Neal THE INQUIRER
Spinning in its grave at 45rpm
Spencer Dalziel THE INQUIRER
An alternative to WiFi
Rob Kerr THE INQUIRER
Review Plays every video format except the most common ones
Lawrence Latif THE INQUIRER
Just in time for the Ipad
Spencer Dalziel THE INQUIRER
Timeline uncovered
I gather Novell has noticed what you have, that the judge's ruling was not fair to Novell.So they are making a record, listing very thoroughly why the deposition is allowable under the rules, how they would have used it to rebut SCO's witnesses, and precisely how the materials are contradictory. This may be related to the discussion we heard about yesterday, where it was discussed if Ms. Madsen would have to return. It surely will be part of any appeal, should it prove necessary. But the judge can simply change his ruling, solving the issue. vollständige Meldung
This matter is before the Court on Defendant's Motion for Mistrial, made orally on March 15, 2010. For the same reasons stated in denying Defendant's Motion to Allow Evidence Responding to SCO's Allegation that Novell's Slander Continues "To This Very Day," Defendant's Motion for Mistrial is DENIED.As soon as we have the order providing "the same reasons, I'll update this article. vollständige Meldung
Novell seeks to present evidence to the jury in the form of snippets of text selectively lifted from prior judicial opinions in this case. Novell claims these snippets would be used to rebut the factually correct assertion, made in SCO's opening statement and the answer of one witness to a single question, that Novell's claim of ownership of the UNIX and UnixWare copyrights continues to appear on Novell's website "to this very day." As with Novell's previous attempts to introduce such evidence, the Court should reject this attempt to present the jury with judicial statements, not in context, that are not relevant to the claims and defenses presented here, but that would create jury confusion and be highly prejudicial to SCO.Wait. That's not how we remember it. We remember SCO saying not just that the claim of *ownership* continued to this day; they said that the *slander* continued to this very day. From the transcript [PDF]:
So this is a campaign of slander, broadcast and repeated to the world that continues to this very day....You gotta watch the Boies Boyz, my friends, with a very close eye. They could talk a bird out of a tree before he realizes there is no worm. vollständige MeldungAnd to this day Novell, on their web site, continues to republish that slander.
Here are the two orders that the appeals court reviewed, Judge Dale Kimball's August 10, 2007 Memorandum and Order and the November 20, 2008 Final Judgment. Odds are always against the petitioner to the U.S. Supreme Court, of course, and the earliest it could be heard would be in April, we learned from a remark at Friday's trial in SCO v. Novell, so the trial will be over before this is heard, even if it beats the odds. Here are the rules [PDF] of the U.S. Supreme Court, and Rule 10 tells what kinds of cases they are more inclined to accept.
Nevertheless, it's an important document, because it raises an important question: how should copyright transfers be evidenced? US Copyright law requires a writing, but what should happen if the writing isn't clear about which copyrights, if any, were conveyed? Should it be up to a jury to decide and more or less make it up out of the memories of participants of yore?
You think I jest. Not at all. That is exactly what is happening in SCO v. Novell currently in the trial. How would you like to have your copyright ownership decided like that? Still want to if the memories relied upon are those of Darl McBride and his friends and allies? vollständige Meldung