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Intellectual Property Law

: Groklaw

SCO Is Back to its Old Utah Ways

By Pamela Jones et al.

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SCO has filed its Opposition to Novell's Motion for Summary Judgment on its 4th Claim for Relief, along with exhibits, and a Declaration by Brent Hatch in support of its Opposition, which lists all the exhibits. Also there is a supplemental list of new witnesses and exhibits SCO hopes to present at trial, two new people, Lawrence Bouffard and Janet Sullivan.

It will not surprise you to learn that it filed its Opposition under seal and asked for leave to file excess pages. Guess how many. No. Really. Guess.

70 pages, "exclusive of face sheet, table of contents, authorities, appendixes and exhibits"!! SCO tried to be concise, it says, but it can't "fully and fairly address the issues" with fewer words.

Ah! Memories come flooding back. 70-page SCO filings! We're back in Utah! Oh, and guess what's on the list of exhibits: the history of System V as told by Wikipedia. Hahahaha! You don't suppose SCO wrote it. You think? Or outsourced it? The fact is, they could. We all know how totally and perfectly reliable Wikipedia is about every last detail, particularly on controversial subjects. Which is why they have a disclaimer, and its founder tells us not to rely on it.

Also on the list of exhibits on the Opposition are snips of depositions of various folks the judge already said he didn't find persuasive, like Alok Mohan and Jean Acheson. And some new evidence sneaking in, as far as I can tell, like some Mohan letters from 1996. Some amendments to Microsoft's agreement with SCO, too, and a "clarification" to Sun's "license grant to UnixWare and Openserver drivers" dated April of 2003, a month *after* SCO sued IBM. I gather the theme is, it's all about UnixWare.

Yup. We're in Utah again, all right.

Full post as published by Groklaw on January 26, 2008 (boomark / email).

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