And we thought they were dead :-)

Jerry Feldman gaf at blu.org
Sat Jul 10 07:54:16 EDT 2010


On 07/10/2010 05:56 AM, Jeffry Smith wrote:
> On Fri, Jul 9, 2010 at 12:01 AM, Jerry Feldman <gaf at blu.org> wrote:
>   
>>  I have not looked closely at the contract SCO has with Boies,
>> Schiller and Flexner or Hatch, James and Dodge.
>>     
> BSF signed up to handle all the legal cases for a what amounts to a
> fixed fee - tSCOG's appeals are paid for.  Of course, they lost in
> front of a judge, appealed that they were entitled to a jury, lost in
> front of the jury, and now seem to be appealling that they shouldn't
> have gotten what they asked for.  Love to see how 10th circuit rules
> on this
>
> jeff
>   
Actually they have 2 law firms, BSF, and Hatch, James and Dodge (Utah).
Yes they did pay in advance. Recall, when the jury said that Novell
owned the copyrights, they sent a motion to Judge Stewart to vacate that
verdict, and the judge denied the motion. The 10th circuit sent the
appeal back to Judge Stewart's court, I wonder where they will send the
appeal this time, maybe back to Judge Kimball :-). I would suspect that
this is only a formality, and they plan to appeal to SCOTUS. Maybe Ralph
Yarrow will sponsor another law in Utah that can be applied retroactively.
I'm really wondering who is actually driving this whole thing. Is it
Judge Cahn (ch. 11 trustee) or BSF, or Yarrow. Remember that Yarrow is
the major stockholder (if I recall) and did loan them some significant
money in Ch. 11. It's possible that they are trying to dry up the pool
so they don't have to pay Novell anything.
In any case, what is the next step. Will IBM and Novell try to place SCO
in ch 7 again. In any case the saga continues, and Linux is still in
jeopardy until this case is finally put to bed.

-- 
Jerry Feldman <gaf at blu.org>
Boston Linux and Unix
PGP key id: 537C5846
PGP Key fingerprint: 3D1B 8377 A3C0 A5F2 ECBB  CA3B 4607 4319 537C 5846


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