Linked by Thom Holwerda on Tue 25th Aug 2009 14:45 UTC, submitted by Moulinneuf
Legal Not too long ago, Ben "Yahtzee" Croshaw explained he had found the perfect husband for Lara Croft: Jason Voorhees. They both have way too many sequels all following a default plot, they both murder a lot and spend a lot of time underground, but most of all: none of them will ever just die. In that light, I suggest another husband for Miss Croft: Darl McBride. Instant update: Darl McBride responds. See inside.
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RE: IANAL
by TechGeek on Wed 26th Aug 2009 00:02 UTC in reply to "IANAL"
TechGeek
Member since:
2006-01-14

From groklaw: The appeals court found that the Kimball ruling was premature because he didn't remand it to a jury. When ever there is a question/case that could go either way, a jury is suppose to decide. However, McBride is no longer in control. SCO was appointed a Chapter 11 Trustee, who now gets to make ALL decisions for the company. And then there is the fact that SCO has been completely unable to prove any of its claims. The sad part is that this is just burning through money that won't be able to be given to Novel. They are just going to get whats left (which isnt much at this point).

Reply Parent Score: 2

RE[2]: IANAL
by Hypnos on Wed 26th Aug 2009 03:51 in reply to "RE: IANAL"
Hypnos Member since:
2008-11-19

If I understand correctly, the point of a summary judgment is to avoid the expense and time of a jury trial. I guess the appeals court ruled that Kimball cut his decision too fine for their comfort?

Reply Parent Score: 1

RE[3]: IANAL
by lemur2 on Wed 26th Aug 2009 06:08 in reply to "RE[2]: IANAL"
lemur2 Member since:
2007-02-17

If I understand correctly, the point of a summary judgment is to avoid the expense and time of a jury trial. I guess the appeals court ruled that Kimball cut his decision too fine for their comfort?


More or less.

AFAIK the appeals court ruled that although Novell had a strong argument about its Unix copyrights never being assigned to SCO, it was not absolutely clearcut enough for this to be decided by summary judgement. Hence it now goes to a jury trial.

Note ... all this is only about who owns the copyrights in the first place ... Novell owns them, and SCO has no instrument of transfer, but SCO do claim a dispute about all this.

None of this has anything at all to do with the question if any Unix copyrights (whoever owns them) have been infringed in Linux or not. So far, there is absolutely zero evidence on the table to support this latter claim of SCO.

Reply Parent Score: 3