Posted on 11/30/2004 9:34:05 AM PST by ShadowAce
The judge in the SCO v. DaimlerChrysler case, the Honorable Rae Lee Chabot, has denied a SCO motion [PDF] for a stay of their case until after the IBM case is decided, I have just been informed by the Clerk of the Court. The hearing was on November 24.
Another loss for SCO. What? No SCO press release?
The case is now set to go forward on January 7 at 8:30 AM. Hopefully, some of you will be able to attend the hearing.
Their motion told the judge that it would be "a waste of valuable judicial and attorney resources to proceed with a case evaluation and a trial on SCO's remaining damage claim as to timeliness, followed by an appeal of this Court's order regarding the sufficiency of DCX's certification, when these issues may become moot upon the conclusion of the pending summary judgment proceeding in the IBM case."
They should have thought of that before they filed the lawsuit, I'm thinking.
Note that they mention appealing the DC judge's order, wherein she ruled DC had complied sufficiently with the certification requirements under their license, if not -- perhaps -- in a timely fashion. I gather they would have liked to postpone that expense for now, because it all becomes moot if they lose in the IBM case. If, in contrast, in a remote-hope scenario, they win, they think they would have a much better shot in an appeal of what they describe as her "narrow" ruling about what certification efforts licensees owe to SCO and probably a better chance with her on the timeliness question. They perhaps also would have liked to avoid another headline about a loss in yet another court, which seems very possible.
If IBM wins, I guess they hoped DC would just fade away. I gather they would rather go out with a whimper than with a media bang.
Naturally, DC had zero interest in any stay and when SCO asked them to consent, they declined. They told SCO that unless SCO goes forward now, "then it insists that SCO dismiss its remaining claim with prejudice." DC has probably had a belly full of SCO already, and they naturally would like this settled and done with.
I think we may be seeing the first indication of what happens when you put a cap on legal fees. Moral of the story? Pay your lawyer. So, January 7 at 8:30 AM it is.
The actual decision is also posted at the link above, but I thought it would save some bandwidth here by not posting it here.
SCO news ping!!
From
SCO Hacked:Normally we don’t cover stories about websites being hacked simply because we do not want to encourage that type of behavior or reward the hackers by giving them publicity…but since everyone hates SCO anyway, I’ll share this screen cap sent in by Aaron Adams. Besides, the story is all over the mainstream media anyhow so I don’t think we are aiding in the hackers notoriety any.
SCO is like the man who has just been lynched. He's kicking his feet, but knows it's not going to be enough to get that rope off his neck...
bump
Good. I'm tired of these annoying criminals.
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