[Discuss] 10th Circuit Affirms in All Respects - Novell, Not SCO, Owns the Copyrights, etc.

[Matt Shields]

On Wed, Aug 31, 2011 at 12:44 PM, John Abreau <jabr at blu.org> wrote:

> A comment found on Groklaw:
>
>
> Tragedy all round
> Authored by: FoxyLad on Tuesday, August 30 2011 @ 10:06 PM EDT
>
> Sorry, but I can't bring myself to celebrate. This affair is a tragedy
> on personal, corporate and national levels.
>
> First up, Darl (and those who connived with him) get to live happily
> ever after. It sticks in my craw that his father will go on believing
> the cute cattle-ranching story Darl told him, instead of seeing his
> son for the shallow grasping scoundrel he really is. Justice has not
> been served.
>
> And it's not just Darl. None of the perpetrators of this fraud have
> received any punishment. They all have their nice houses,
> directorships and fat retirement funds, and haven't even received a
> slap on the wrist for wasting so much time, energy and money. Let
> alone the multiple contempt of court orders, civil and criminal
> charges that should have been laid.
>
> So the next generation of CEOs, their officers, lawyers and media
> shills will go forth confident that this tactic works - they can tie
> their opponents up in a decade of legal knots, without any fear of
> sanction. Without any evidence, or even a credible case. Any business
> of Novell's size and smaller is now vulnerable to a larger competitor
> legally strangling them to death. Without any evidence, or even a
> credible case.
>
> In Europe, the strength of SCO's case was quickly identified and
> thrown out of court in a few weeks. End of story, everyone went back
> to productive enterprise. In the US, however, hundreds of people spent
> significant portions of their careers on this one case. Include all
> the other nuisance litigation flying around, and the chilling effect
> it has on small business and it adds up to a significant drain on the
> US economy.
>
>
>
> On Wed, Aug 31, 2011 at 9:00 AM, Jerry Feldman <gaf at blu.org> wrote:
> >
> > -----BEGIN PGP SIGNED MESSAGE-----
> > Hash: SHA1
> >
> > While SCO is effectively dead, the 10th Circuit Court of Appeals affirms
> > the previous judgment that Novell and not SCO owns the Unix copyrights.
> > http://www.groklaw.net/article.php?story=20110830170454743
> > "Not even Boies Schiller could save SCO. In fact, Judge Terence O'Brien,
> > who wrote today's decision for the panel, seems to me to have given
> > SCO's lawyers a bit of a spanking."
> >
> > The transcript as well as Pamela in her red dress may be seen on the
> > Groklaw site.
> >
> > While much has happened over the past year with Novell being acquired by
> > Attachmate. It also looks like Ralph Yarrow will not get any proceeds
> > from his loans. Ralph has been involved with Caldera and subsequently
> > The SCO Group since it was founded by Ray Noorda. the late Ray Noorda
> > was the founder of both Novell and Caldera. Ray Noorda's daughter ousted
> > Ralph Yarrow as CEO of The Canopy Group back in 2004. The Canopy Group
> > was the venture capital firm that Ray Noorda formed after he was ousted
> > from Novell. Yarrow is a real skuz who actually was able to get Utah to
> > pass an IP law, referred to a Yarrow's law. SCO's attorneys in the SCO
> > vs. IBM tried to apply this law retroactively.
> >
> > - --
> > Jerry Feldman <gaf at blu.org>
> > Boston Linux and Unix
> > PGP key id:3BC1EB90
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> >
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>
>
>
> --
> John Abreau / Executive Director, Boston Linux & Unix
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It baffles my mind that this crap has been allowed to go on for so long.


Matthew Shields
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