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Oral Argument in SCO's Appeal Set for January 20th at 9 AM
Wednesday, November 24 2010 @ 11:14 AM EST

The date is set for oral argument to be heard in SCO's appeal of SCO v. Novell: January 20th at 9 AM sharp:
11/23/2010 Open Document [9817739] Calendar notice sent to counsel. Arguments to be held on January 20, 2011 at 9:00 am MST in Courtroom IV, Byron White United States Courthouse, Denver, CO. Counsel is required to go to under the argument calendar tab to obtain an important notice regarding calendared cases and required forms. The calendar acknowledgment form must be completed and filed with the clerk via Electronic Case Filing within 10 days of today's date.
I hope some of you can go. As you probably recall from last time, there is no transcript of oral argument available to the public in this appeals court. Crazy but true. You have to be there or you missed it. Sometimes you can apply for audio tapes, but they don't have to say yes. So if there is any way to arrange your affairs to attend, please do and take careful notes. If you contact me first, I can give you some helpful hints.


Oral Argument in SCO's Appeal Set for January 20th at 9 AM | 56 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections here
Authored by: Marc Mengel on Wednesday, November 24 2010 @ 11:26 AM EST
Remember to put the correction of the form "wrong -> right" in the
subject line...

[ Reply to This | # ]

Off Topic Thread
Authored by: Marc Mengel on Wednesday, November 24 2010 @ 11:28 AM EST
Anything on topic posted here will result in endless ridicule.

[ Reply to This | # ]

Newspicks discussion here
Authored by: Marc Mengel on Wednesday, November 24 2010 @ 11:34 AM EST
Don't forget to include a link, and post in html mode...

[ Reply to This | # ]

Oral Argument in SCO's Appeal Set for January 20th at 9 AM
Authored by: Anonymous on Wednesday, November 24 2010 @ 11:35 AM EST
Are the arguments a done deal or is this just a placeholder? As far as I can
tell, no Judges have been assigned to the case yet and they would need to decide
if they want oral arguments or not.

[ Reply to This | # ]

Oral Argument in SCO's Appeal Set for January 20th at 9 AM
Authored by: webster on Wednesday, November 24 2010 @ 12:14 PM EST

There are five appeals set at 9 AM. The specific times will be set later. Each
appeal gets a half hour each, 15 minutes a side. The specific times will be set
later, or that very morning. Sometimes a side won't argue or take all its time.
This is probably why they make the parties acknowledge this schedule and
respond. If the schedule is followed more or less, SCO should start around 11
AM. Judges can make hearings go longer. They are in complete control. If they
are interested, they let lawyers run on and even ask questions. They will also
remind that one's time is up.

The acknowledgment has to be submitted within ten days specifying who will
argue. All the parties have to report 45 minutes early, 8:15 AM. The
presumptive order may be the order listed. SCO v Novell is last.

""""The names of the members of the hearing panels will be
available the Monday before the week of argument by
checking our website, and clicking on the Argument
Calendar Tab.""""

It will be interesting to see if any of the first panel are on the list. I
would think not.

Motions and "supplemental authority" can still be filed. Parties can
also submit on the briefs at this point. That would be a surprise.

They do some appeals with government-paid attorneys by video conference. Here
are the video conference tips from the circuit:

""""""""Here are some other tips that my
help you in presenting your argument by interactive
Act Natural--The panel judges will be able to see and hear you just as if you
presenting your argument in person.
Make Eye Contact--Since the camera is located on top of the monitor, by
at the judges on the monitor, you will make eye contact with them.
Use Your Normal Voice--The podium microphone and system speakers will pick
up and transmit your voice as clearly as if you were arguing to the judges in
person. There is no need to speak louder or slower than you would in a normal
courtroom setting.
Avoid Exaggerated and Unnecessary Gestures or Movement--Remain standing
behind the podium. If you move away from the podium, you may be out of
camera range and not visible to the panel judges. While normal gesturing can
enhance your videoconferenced argument, extreme or exaggerated hand and arm
movements can be even more distracting than when arguments are presented in
Dress Conservatively--Remember you're a TV star. Just as on television, some
colors are better than others (whenever practicable avoid white or vivid
and bold patterns may cause a strobe effect.
Avoid Unnecessary Noise--Noise such as caused by tapping on the podium or
shuffling papers may be transmitted through the system to the panel judges,
thereby making it difficult for them to hear or concentrate on your argument.

Needless to say, the Court will appreciate following these tips in live
performances also.

If anyone goes, enjoy a few arguments. Also compare the judicial interest in
the various appeals that morning. Familiarize yourself the the names on the
panel. Who asks questions and who writes the decision will be significant.


[ Reply to This | # ]

Does this prevent any further motions on the Opposition/Reply briefs?
Authored by: WWWombat on Wednesday, November 24 2010 @ 01:39 PM EST
We're all aware that SCO's reply should have stuck to things brought up in
Novell's opposition. And the article annotating SCO's brief shows there's a lot
of ground that *could* be covered there.

So does this entry mean that Novell won't be following that process, and that
they'll leave it to oral arguments?

[ Reply to This | # ]

There may no be any oral arguments, and if there are, they may not be heard in January
Authored by: Anonymous on Wednesday, November 24 2010 @ 02:22 PM EST

A time slot has been reserved in January. That in no way constrains the panel to use it. Most civil appeals are decided without oral argument. If the panel chooses to hear arguments, but isn't ready for them in January, it will schedule them for a later date.

[ Reply to This | # ]

Authored by: PolR on Wednesday, November 24 2010 @ 02:24 PM EST
What is the likelihood of Attachmate settling with SCO before the appeal is

This would be illogical from a company in the business of distributing Linux,
but nothing is normal in this saga.

[ Reply to This | # ]

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