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The information on Groklaw is not intended to constitute legal advice. PJ is a paralegal, not a lawyer. Even when lawyers write or contribute to articles, it is still not legal advice, because the lawyers authoring the articles are not your lawyers.

What's New

STORIES
6 stories in last 48 hours

COMMENTS last 48 hrs

Week 2, Day 9 of SCO v. Nov... [+37]

Week 2, Day 8 of SCO v. Nov... [+479]

New Proposed Jury Instructi... [+110]

Day 5 of the SCO v. Novell ...

SCO's Motion to Allow Testi... [+69]

Novell Anticipates Objectio... [+102]

Novell files Offer of Proof... [+6]

Week 2, Day 7 of SCO v. Nov... [+25]

Week 2, Day 6 of SCO v. Nov...



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Headlines:
Week 2, Day 9 of SCO v. Novell Trial - Jury Hears About Kimball's Rulings
Thursday, March 18 2010 @ 02:49 PM EDT

Chris Brown's first report of the day is in, filed by phone during an extended break in the court session. The jury got to hear today about Judge Dale Kimball's earlier court rulings.

We have all the important rulings in a new, special section on Groklaw's Novell Timeline page, so you can follow along. But for speed, here's the 2004 ruling and the 2007 ruling that his report references and that the jury heard excerpts from or a summary about today.


read more (446 words) 37 comments  View Printable Version
Most Recent Post: 03/18 03:39PM by Anonymous

New Proposed Jury Instructions and Novell Tries Again on Prior Ct. Rulings
Thursday, March 18 2010 @ 09:56 AM EDT

The parties in SCO v. Novell have, as promised, filed their proposed jury instructions. And SCO has filed a proposed Jury Verdict form. And Novell has filed a new motion regarding letting the jury know about prior court rulings. SCO has, Novell says, once again crossed the line, despite the court's admonition not to do so. In its examination of Dr. Gary Pisano, it again elicited damages information all the way to 2007, long after there were favorable, to Novell, court rulings. As a result, Novell should be allowed to defend itself by telling the jury about them. Dr. Christine Botosan also calculated her figures into 2007, and Novell in its cross examination should be allowed to ask her about events that happened during that time period. "The prejudice to Novell is palpable," Novell points out.

read more (528 words) 110 comments  View Printable Version
Most Recent Post: 03/18 03:38PM by Anonymous

Week 2, Day 8 of SCO v. Novell Trial - McBride's Admission and Pisano - Updated
Wednesday, March 17 2010 @ 08:53 PM EDT

Our reporter from the courtroom in the SCO v. Novell jury trial, Chris Brown, has now filed his first reports for today, and I'll add to them as his further reports arrive.

Today saw the finishing up of Darl McBride's testimony and the judge issued rulings on the various motions filed by the parties. But the big news is that Darl McBride has now admitted on the stand that SCO didn't need copyrights to run their Unix business. They need them only to run SCOsource. That is a huge admission, one which undercuts one of SCO's experts, and particularly undercuts SCO's interpretation of the APA and Amendment 2. Why? Because in 1995 and 1996, when those two documents were negotiated and executed, there was no such SCOsource program nor any thought of ever having one. He may be called back to the stand.

We also learn from an exhibit that HP decided not to take a SCOsource license in part because purchasing a license would be the equivalent of supporting terrorism. And then the SCO experts began to testify, beginning with Dr. Gary Pisano. Also, note that the final report from yesterday's session is now posted there.


read more (6491 words) 479 comments  View Printable Version
Most Recent Post: 03/18 03:39PM by Anonymous

SCO's Motion to Allow Testimony
Wednesday, March 17 2010 @ 02:42 PM EDT

Yesterday, there was a sidebar discussion about allowing in material regarding why customers chose not to sign up for SCOsource. The judge found a case that he thought was definitive, so it was not allowed in. Today, SCO has filed a motion to allow the testimony that the judge ruled inadmissible, and there is also a letter from Brent Hatch, with the testimony SCO wishes to show the jury attached.

read more (876 words) 81 comments  View Printable Version
Most Recent Post: 03/18 01:52PM by Anonymous

Novell Anticipates Objections to SCO's Experts' Testimonies - The TK-7 Case
Wednesday, March 17 2010 @ 12:38 PM EDT

Novell anticipates certain questions SCO is likely to ask two of its experts, and rather than having long sidebars, which the judge has already said he doesn't like, they have filed objections they figure they'll be raising, along with a new case that supports their position, TK-7 Corp. v. Estate of Barbouti. This way things can be hashed out in advance.

Novell has found this 10th Circuit case, TK-7, that indicates that Dr. Gary Pisano ought not to be allowed to use the Yankee Group study's numbers as the basis for his opinions, since he didn't look into the methodology. And yes, on the basis of this new case, Novell respectfully says that Judge Ted Stewart's denial of Novell's earlier Daubert motion was in error:

The Yankee Group survey is hearsay, and SCO should not be permitted to dress it up and introduce it as Dr. Pisano's unexamined and untestable opinion.
They have, in short, painted the judge into a corner, and he will either have to follow case law, or he'll have to find a newer case that contradicts the one Novell has found. Judges are supposed to be bound by case law, with a bit of wiggle room. The judge denied the motion without the benefit of this case, which Novell says, "requires a different result." This case is dynamite. Whoever found it fell asleep grinning.

read more (1007 words) 224 comments  View Printable Version
Most Recent Post: 03/18 01:29PM by Anonymous

Week 2, Day 7 of SCO v. Novell Trial - More McBride and Botosan Opens a Door - Updated
Tuesday, March 16 2010 @ 08:20 PM EDT

Chris Brown was in the courtroom for us today. It was all Darl McBride today, and there also was some sparring over SCO expert, Christine Botosan, he reports. It looks like the jury will be hearing about Judge Dale Kimball's ruling after all, because Novell intends to ask her about what happened to the stock when he issued his rulings.

And there will be more Darl tomorrow. Also Novell has filed its opposition to SCO introducing IBM materials, as they asked to yesterday.


read more (8655 words) 306 comments  View Printable Version
Most Recent Post: 03/18 10:14AM by Anonymous

Novell files Offer of Proof Re Prior Inconsistent Declaration of Sabbath
Tuesday, March 16 2010 @ 07:49 AM EDT

Novell has filed a Notice of Filing of Offer of Proof Regarding Prior Inconsistent Declaration of Steven Sabbath. It is making a record that SCO was allowed to present testimony in direct examination that Novell knew was contradicted by deposition testimony, but then Novell couldn't tell the jury about it, because of rulings by the judge.

I gather Novell has noticed what you have, that the judge's ruling was not fair to Novell.So they are making a record, listing very thoroughly why the deposition is allowable under the rules, how they would have used it to rebut SCO's witnesses, and precisely how the materials are contradictory. This may be related to the discussion we heard about yesterday, where it was discussed if Ms. Madsen would have to return. It surely will be part of any appeal, should it prove necessary. But the judge can simply change his ruling, solving the issue.


read more (10491 words) 314 comments  View Printable Version
Most Recent Post: 03/18 10:34AM by Arthur Marsh

Week 2, Day 6 of SCO v. Novell Trial - The Mistrial Motion, Kim Madsen, Steve Sabbath, Darl McBride - Updated
Monday, March 15 2010 @ 09:44 PM EDT

Chris Brown attended the jury trial today for us in SCO v. Novell, and he has the details about the mistrial motion, the denial of the motion to allow evidence, and there was testimony today from Kim Madsen and Darl McBride and a deposition played of Steven Sabbath. The mistrial was related to the denial of Novell's motion to allow evidence. The judge said what SCO told the jury was inappropriate, and he merely warned SCO not to go "close to the line again." I'm sure SCO will mend its ways immediately.

read more (6632 words) 213 comments  View Printable Version
Most Recent Post: 03/17 07:30PM by Anonymous

Judge Denies 2 Novell Motions: for Mistrial and to Allow Evidence
Monday, March 15 2010 @ 08:12 PM EDT

It seems Novell moved for mistrial on March 15 at the trial in SCO v. Novell. And there has been a decision on Novell's motion to allow evidence. The docket doesn't yet reflect the order on the motion to allow evidence, but you can see that it happened in this, the full text of the order on the oral motion by Novell for a mistrial:
This matter is before the Court on Defendant’s Motion for Mistrial, made orally on March 15, 2010. For the same reasons stated in denying Defendant’s Motion to Allow Evidence Responding to SCO’s Allegation that Novell’s Slander Continues “To This Very Day,” Defendant’s Motion for Mistrial is DENIED.
As soon as we have the order providing "the same reasons, I'll update this article.

read more (106 words) 123 comments  View Printable Version
Most Recent Post: 03/17 12:40PM by DannyB

SCO Responds to Novell's Motion to Allow Evidence
Monday, March 15 2010 @ 12:58 PM EDT

On Friday, at the trial in SCO v. Novell, SCO told the judge that they'd file their response to Novell's Motion to Allow Evidence on Monday. And so they have:
Novell seeks to present evidence to the jury in the form of snippets of text selectively lifted from prior judicial opinions in this case. Novell claims these snippets would be used to rebut the factually correct assertion, made in SCO’s opening statement and the answer of one witness to a single question, that Novell’s claim of ownership of the UNIX and UnixWare copyrights continues to appear on Novell’s website “to this very day.” As with Novell’s previous attempts to introduce such evidence, the Court should reject this attempt to present the jury with judicial statements, not in context, that are not relevant to the claims and defenses presented here, but that would create jury confusion and be highly prejudicial to SCO.
Wait. That's not how we remember it. We remember SCO saying not just that the claim of *ownership* continued to this day; they said that the *slander* continued to this very day. From the transcript [PDF]:
So this is a campaign of slander, broadcast and repeated to the world that continues to this very day....

And to this day Novell, on their web site, continues to republish that slander.

You gotta watch the Boies Boyz, my friends, with a very close eye. They could talk a bird out of a tree before he realizes there is no worm.

read more (799 words) 206 comments  View Printable Version
Most Recent Post: 03/17 12:45PM by Anonymous

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