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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You're right, and to those of us who are in the tech field for employment or even as hobbyists, it's cut and dry. But put a savvy lawyer up there and I guarantee you he'll confuse the hell out of the jury by the end of the trial. A panel of judges isn't as easily swayed by petty lawyer tricks. I've seen it a thousand times and it never ceases to amaze me how much non-factual influence both prosecuting and defending attorneys can get away with during the course of a trial.

There has to be a decision to take it to trial first.

Given that there is such a simple defence ... "there is no Unix code in Linux" ... what sane management would take this case to trial? They would get crucified in the countersuits.

Now I know that you might reply by saying that SCO management are clearly not sane ... but I would point out that it is no longer SCO management who will decide what happens with these lawsuits from here on in.

The question facing the trustee—who is now ultimately calling the shots for SCO—is whether the company a) has the resources to fight on, and b) has a snowball's chance in The Bad Place of actually succeeding in court. The appeals court ruling doesn't do much for b) other than offering another (very) faint glimmer of hope for SCO. Since the judges upheld the $2.54 million award to Novell, that affects a), since it's money that SCO won't have to fund its litigation pipe dream.

A chapter 11 trustee has now been appointed.

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