Posted on 11/21/2008 12:09:07 PM PST by Fractal Trader
The final judgment [PDF] from Utah is here at last. It recites what the August 10, 2007 and July 16, 2008 orders said, but it also resolves the recent dispute over SCO's desire to voluntarily waive some claims and then bring them back to the table after an appeal, should it prove successful. Here's SCO's motion to voluntarily dismiss, and Novell's response, so you can verify that this judgment indeed represents another loss for SCO. You'll see that it was Novell that suggested the wording regarding SCO's voluntarily dismissed claims that we see in the judgment, that they be dismissed "without the possibility of renewal following appeal."
SCO caved on its voluntarily dismissed claims, then, and Novell did not. So, another loss for SCO. No matter what happens on appeal, then, SCO can't resurrect those claims. It can appeal the rest of the matters it lost in August 2007 and July of 2008.
Novell, however, in an identical circumstance, can pull its voluntarily dismissed claims out of its back pocket and go after SCO. And I'm sure it would. In the wording of the judgment, Novell has "the right to pursue these claims only in this action, should there be a subsequent adjudication or trial in this action." So if there were an appeal and SCO got the case sent back to Utah for a jury trial, for example, SCO's favorite daydream, then Novell could bring back to the courtroom all its voluntarily dismissed claims.
(Excerpt) Read more at groklaw.net ...
>How are these bastards even still alive???
How is Congress still alive w/less than a 9% approval rating... I mean, at what point do we kick them out after tarring and feathering them?
Somebody put an end to this farce....
Wow after all this time. I know it was no case, shouldn't have been dismissed in the early stage? Ah where did Darl McBride learn how to litigate? From University of Illinois at Urbana-Champaign?
Micro$oft gave them some money.
My guess is that I'll be waiting a long time.
My guess is that I'll be waiting a long time.
Wow, guess you're right.
They'll change the topic. Linux is eating their lunch on the small netbooks. MS has re-jiggered Win7 to be smaller, and rushed it out sooner, to avoid being drowned. So expect to hear:
"SCO and Linux? That's old news. Hey didja hear, Windows 7 is coming out soon and it doesn't suck as bad as Vista!!!"I have been playing with the WinHEC Win7 release and so far it is merely Vista, with "Vista" crossed out and "Win7" written over it in crayon, with one MAJOR change:
-- If you wanted to, you could beat Vista's worthless GUI back into useful form, which for me is the classic Win2000 look. Win7 removes this capability, as far as I can tell. That one factor makes me want to puke more than any other.
The first thing I always do with a Windows system is beat the GUI into shape. Not being able to do that, I'll start smashing vid-screens again, damn.
I can understand that. Win2k was the last Windows I used. Great OS. MS lost me to Linux with their "Please sir, may I have permission to use my purchase?" product activation. Haven't looked back since.
I'd be surprised if the inability to turn off the XP and Vista eye candy is permanently removed, as opposed to just for this initial alpha-release. I mean, they're reportely making Windows 7 with the intent of it being able to scale to these resource-poor netbooks. I imagine Win2k's GUI would fly on the this current generation of netbooks.
I resisted XP until 2006, at which point I upgraded two of my Win2K machines (one at work, one at home) to XP, and immediately beat the GUI into W2K look/feel. I can't stand the XP default "Fisher-Price" theme. I tolerate the activation, but hate the hassles it causes.
> I'd be surprised if the inability to turn off the XP and Vista eye candy is permanently removed, as opposed to just for this initial alpha-release. I mean, they're reportely making Windows 7 with the intent of it being able to scale to these resource-poor netbooks. I imagine Win2k's GUI would fly on the this current generation of netbooks.
You could be right -- perhaps it'll be an install option. The footprint of Win7 is substantially smaller than Vista's. But it's nowhere near as small as Win2K's.
Win2K does indeed fly on small/slower machines. I still have a number of W2K installs in use, and prefer it for single-app VMs because it doesn't require the activation.
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