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[Discuss] SCO again

SCO refuses to go away.
"The Hon. David Nuffer has ruled on the SCO v. IBM motions, granting 
SCO's motion for reconsideration and reopening the case, which IBM did 
not object to. Judge Nuffer apologizes to the parties for the error in 
his previous order refusing to reopen the case. Sounds like a mensch to 
me. I love it when judges don't pretend something is the lawyers' fault 
when it's really the judge's fault. He's newly assigned to this case, 
and it's been going on for over a decade, so he specifically tells the 
parties not to assume his familiarity, asking them to provide him with 
enough detail in the various briefs going forward to work with. And he 
has essentially accepted the IBM suggestions on how to go forward, which 
SCO did not want to happen. I was fairly confident he would, though, 
precisely because he's new and he surely needs some time and help from 
the parties to get up to speed. So it's going to go like this:

     1. SCO must file a brief statement identifying the claims it agrees 
are foreclosed by the SCO v. Novell judgment, the one that found that 
Novell did not transfer the UNIX copyrights to SCO in 1995. That wiped 
out all of SCO's claims, IBM asserts; SCO says it has two left.
     2. IBM can then object to that list, which I'm sure it will.
     3. IBM can then, by July 15, file a new motion for summary judgment 
on the remaining claims and counterclaims. This is what SCO did *not* 
want to happen.
     4. After that motion is decided, there will be a process and 
schedule set up for the parties to respond to the court's request that 
they identify summary judgment motions filed before the current judge 
was assigned that they still want to be decided, which this judge will 
then do".

To read more click on the link above.

Jerry Feldman <gaf at>
Boston Linux and Unix
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