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: what if?
by glarepate on Wed 26th Aug 2009 02:50 UTC in reply to "what if?"
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Only if it should actually go to trial, which is not at all guaranteed.

Novell still has the option of requesting that the entire roster of Appeals Court judges review the case (en banc review). This may overrule the 3 who heard the first appeal.

This request may also be declined by the court. So it's a contingency ; it could go either way.

I suppose a jury may find in The SCO Group's favor, but in order for that to happen the copyrights must first be ruled to belong to tSCOg rather than Novell. That was ruled inappropriate for summary judgment, not an incorrect assessment. And THEN tSCOg will have to do what they refused to do even after being ordered by the court 3 times to comply -- produce some evidence.

So while things may look bad from one perspective tSCOg are actually no further ahead than they were two years ago right before Judge Kimball ruled against them. As a matter of fact they are *much* more broke than they were, having made no progress during the bankruptcy in rehabilitating a company that has NEVER made a profit. And potential investors have had quite a while to see what clowns they are. The appeals court has supported the ruling that they converted $2.5 million of Novell's money to their own use (and owe a million in interest on that amount even though they only have $625k of Novell's money left in their possession) and the old management team is out and a judge is going to be running the company as trustee. His job is to protect the estate and the creditors, not to pursue the lawsuits that have ruined/saved the company. (They would have run out of cash 6 years ago if they hadn't started the lawsuit lottery to attract investors, but they aren't very "alive" either.)

So don't empanel a jury of technically challenged feebs to hear this case just yet. This "win" hasn't won them anything except to have their rotting corpse dug up and re-examined. They are not reanimated and running about pillaging the IP landscape again just yet.

And did I mention that Darl is embroiled in a lawsuit with the former partner of one of the advisor/investors whose deal to sell the company was just rejected by the BK judge?

This is the type of "win" tSCOg has been celebrating for nearly 7 years. Please don't encourage them.

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