Thursday, May 31, 2007


5/31 SNR III: Under Advisement Again

Everything taken under advisement, no rulings from the bench, like always. Big surprise there. GL's got the early reports here, although nothing really juicy yet.

We do know that SCO's last-minute submissions were simply ignored today, at Kimball's order. I wonder how much cash SCO just wasted on those new expert reports? After years of smug stalling tactics, it's nice to see they've switched over into frantic flailing mode. That'll probably mean even more delay, but at least it's more enjoyable to watch.

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5/31 SNR II

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Wednesday, May 30, 2007


5/31 SNR

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Tuesday, May 29, 2007


5/29 SNR

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Friday, May 25, 2007


5/25 SNR II: No Dice (Yet) Edition

Well, I said I'd update you if I heard anything about why SCO closed up nearly 30 cents today. Nothing so far. Nada. There are a few inconsequential (and sealed) filings on Pacer, but that's nowhere near enough to account for today's financial excitement. A number of theories are floating around right now, suggesting it's due to shorts covering, or fear of SCO getting booted from the Russell Microcap Index, or investor confusion due to great numbers from the French firm Scor SA (ticker symbol "SCO"). But no obvious candidate stands out yet, and I'll happily defer to the financial experts on this item. What we do know is that the courts didn't do anything interesting today, unfortunately. On the bright side, this means we -- or those of us in the US, anyway -- can spend the 3-day weekend outside doing something unproductive, instead of poring over legal PDFs. It's a great relief, let me tell you. For those of you outside the US, as you were. Y'all get, like, six months of paid vacation every year, required by law. Don't begrudge us our piddly little 3-day weekend, ok? Thanks.

In lieu of any long-awaited rulings, here's a great example of what not to do in court, if you're an attorney.

And for your Memorial Day weekend enjoyment, you might enjoy this video clip of The Kill -9 Song.

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5/25 SNR

The stock's way up today for unexplained reasons. No press releases, and nothing on EDGAR so far. Maybe there'll be some news after the markets close. Good news, bad news, I really couldn't guess at this point. It's strange, either way.

Yesterday the court scheduled some more PSJ hearings in the Novell case. That news made it to Slashdot -- and Groklaw, of course -- but that's not the sort of news that would make the stock jump 25% percent in a day, which is what's happening right now.

Updates if/when we learn what the heck is going on....

Updated: A comment on GL mentions a new IBM filing, but it's just a further stipulated extension of time on various deadlines. So we still don't have our explanation, I think.

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Thursday, May 24, 2007


5/24 SNR

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Tuesday, May 22, 2007


5/22 SNR

One thing I ought to have mentioned yesterday is that among the pile of SCO filings was an unsealed declaration by one G. Gervaise Davis III. Discussion at Groklaw and Lamlaw.

He's a semi-retired IP lawyer, and he tries to explain what agreements like the OldSCO-Novell APA deal "usually" mean. Novell came up with the people who actually negotiated the deal, and they explained quite clearly what they had in mind at the time. SCO just has a guy who had nothing at all to do with the deal, but who has an extremely long resume. They appear to be arguing, now, that Novell accidentally transferred the copyrights, despite their intentions, and despite the plain wording of the asset purchase agreement. It's a stupid and nonsensical argument, but it's all SCO's got at this point.
It's important to see the Davis declaration in context. SCO's using it to try to fend off a looming PSJ motion. To do that, they don't actually have to prove that the copyrights really did transfer. They just have to convince the judge there are disputed facts around the issue, and the truth of the matter can only be resolved by a jury. That's all they need to accomplish right now, but even that might be a hard sell. Davis's argument is all about legal opinions, not disputed facts.

That's a strange bit, by the way. Davis is a lawyer, and he offers his professional legal opinion in his declaration. Yet SCO presents him as an expert witness, not as another attorney working on SCO's cases. I'm no lawyer, but this seems like dirty pool. They're making a nutty argument, and not really taking responsibility for it. Is this really SCO's position in the case, or isn't it?

After reading the declaration, one has to wonder who this Gervaise guy is. Well, details are starting to emerge. Over on IV, a great bit of research by Spanishinquisition brings some fun details to light. Gervaise Davis has been around the block a few times, and happened to work for Digital Research back when they failed to land the OS contract for the original IBM PC. Seems he argued against signing an NDA with IBM, for some reason, which was a bit of a dealbreaker. Then he convinced DR not to sue Microsoft for substantially cloning their CP/M operating system.

There may be even more to that. In his declaration, Davis also says he worked on DR-DOS for Digital Research. DR was eventually bought by Caldera, and Caldera soon launched their well-known suit against M$. M$ ended up coughing up a large pile of cash to make the suit go away. And now Caldera is [New]SCO. I don't know what that might mean. Just that there's prior history between Davis and one of SCO's predecessors-in-interest. Hmmmm...

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Thursday, May 17, 2007


5/21 SNR

Not a lot going on in the SCO universe right now. Seems like everything's stuck in a holding pattern, waiting for news, waiting for something to happen. Hopefully the thing we're all waiting for will be a nice, tasty PSJ ruling, and/or a BK filing, and/or indictments. In any case, news is this blog's middle name, so I'll be all over it whenever that happens. In the meantime, here's the catch of the day. Ok, the last few days:

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Wednesday, May 16, 2007


5/17 SNR

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Tuesday, May 15, 2007


5/15 SNR

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Monday, May 14, 2007


5/14 SNR: Sur-Surreal Edition

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Thursday, May 10, 2007


5/11 SNR

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Wednesday, May 09, 2007


5/10 SNR

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Monday, May 07, 2007


5/8 SNR

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5/7 SNR

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