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[Discuss] 10th Circuit Affirms in All Respects - Novell, Not SCO, Owns the Copyrights, etc.

A comment found on Groklaw:

Tragedy all round
Authored by: FoxyLad on Tuesday, August 30 2011 @ 10:06 PM EDT

Sorry, but I can't bring myself to celebrate. This affair is a tragedy
on personal, corporate and national levels.

First up, Darl (and those who connived with him) get to live happily
ever after. It sticks in my craw that his father will go on believing
the cute cattle-ranching story Darl told him, instead of seeing his
son for the shallow grasping scoundrel he really is. Justice has not
been served.

And it's not just Darl. None of the perpetrators of this fraud have
received any punishment. They all have their nice houses,
directorships and fat retirement funds, and haven't even received a
slap on the wrist for wasting so much time, energy and money. Let
alone the multiple contempt of court orders, civil and criminal
charges that should have been laid.

So the next generation of CEOs, their officers, lawyers and media
shills will go forth confident that this tactic works - they can tie
their opponents up in a decade of legal knots, without any fear of
sanction. Without any evidence, or even a credible case. Any business
of Novell's size and smaller is now vulnerable to a larger competitor
legally strangling them to death. Without any evidence, or even a
credible case.

In Europe, the strength of SCO's case was quickly identified and
thrown out of court in a few weeks. End of story, everyone went back
to productive enterprise. In the US, however, hundreds of people spent
significant portions of their careers on this one case. Include all
the other nuisance litigation flying around, and the chilling effect
it has on small business and it adds up to a significant drain on the
US economy.

On Wed, Aug 31, 2011 at 9:00 AM, Jerry Feldman <gaf at> wrote:
> Hash: SHA1
> While SCO is effectively dead, the 10th Circuit Court of Appeals affirms
> the previous judgment that Novell and not SCO owns the Unix copyrights.
> "Not even Boies Schiller could save SCO. In fact, Judge Terence O'Brien,
> who wrote today's decision for the panel, seems to me to have given
> SCO's lawyers a bit of a spanking."
> The transcript as well as Pamela in her red dress may be seen on the
> Groklaw site.
> While much has happened over the past year with Novell being acquired by
> Attachmate. It also looks like Ralph Yarrow will not get any proceeds
> from his loans. Ralph has been involved with Caldera and subsequently
> The SCO Group since it was founded by Ray Noorda. the late Ray Noorda
> was the founder of both Novell and Caldera. Ray Noorda's daughter ousted
> Ralph Yarrow as CEO of The Canopy Group back in 2004. The Canopy Group
> was the venture capital firm that Ray Noorda formed after he was ousted
> from Novell. Yarrow is a real skuz who actually was able to get Utah to
> pass an IP law, referred to a Yarrow's law. SCO's attorneys in the SCO
> vs. IBM tried to apply this law retroactively.
> - --
> Jerry Feldman <gaf at>
> Boston Linux and Unix
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