Novell's reply motion on Groklaw [LWN.net]

Groklaw has Novell's reply in support of its motion to dismiss SCO's "slander of title" lawsuit. Among other things, Novell turned up a the minutes of a 1995 board of directors meeting where it was stated that copyrights would be retained. "And there is another bombshell. Novell says that by introducing evidence outside the complaint, such as the Ed Chatlos declaration, SCO is inviting the Court to convert the motion to dismiss into a summary judgment, which they say means the Court now has the option to decide the matter once and for all and with finality right now."

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Novell's reply motion on Groklaw

Posted Nov 10, 2004 17:54 UTC (Wed) by maney (subscriber, #12630) [Link]

The dismissal-for-ill-formedness had, itself, pointed out the uphill struggle the SCO gang would face in attempting to get their case going again. Now it seems they have not only failed to make any progress, but have committed what Federal Practice and Procedure describes as a tactical error. Do you think their legal team is really that inept, or did they have no hope of doing more with this case than dragging their heels a little on their way to the gallows?

Novell's reply motion on Groklaw

Posted Nov 10, 2004 20:01 UTC (Wed) by The_Flatlander (guest, #19245) [Link]

>> Do you think their legal team is really that inept, or did they have no hope of doing more with this case than dragging their heels a little on their way to the gallows? <<

Well, first, both could be true.

Those of us who are not foolish enough to slip off our tin foil head gear believe that this Novell thing went all South for the SCOundrels when Novell moved the case to Federal Court and away from the, (this is just plain crazy talk, you understand), more easily manipulated State court. Once Kimball claimed jurisdiction, then yes, it certainly became an exercise in stalling, foot dragging, and every conceivable form of delay available.

The Flatlander

Hanging may be too good for SCOundrels such as these; a complete waste of rope. Feed 'em to the penguins, I say!

Novell's reply motion on Groklaw

Posted Nov 11, 2004 23:32 UTC (Thu) by bajw (guest, #11712) [Link]

They are certainly "fishy" enough to smell like food to a penguin. :)