49764
submission
rm69990 writes:
Yet another piece of SCO news this week. Novell has filed a new motion for Partial Summary Judgment, asking the court to declare that Novell is entitled to direct SCO to waive its claims against IBM, that Novell has the right to take these actions on SCO's behalf if SCO refuses to comply and that SCO is obligated to recognize Novell's waiver. Since SCO's case against IBM is primarily a contract case, this issue affects the IBM case far more than the ongoing copyright issue between Novell and SCO. This bad week for SCO just got even worse.
48962
submission
rm69990 writes:
A day after Judge Dale Kimball reaffirmed Judge Wells' order tossing most of SCO's case, Judge Wells has stricken large portions of SCO's expert reports, stating that SCO was trying to do an end-run around IBM. As IBM put it in its motion papers, SCO will not be allowed to "litigate by ambush". This motion was regarding SCO's expert reports, where SCO attempted to insert new evidence after discovery had ended via their expert reports. Wells' ruled directly from the bench, and finished by telling SCO to "take it up with Judge Kimball" if they had a problem. This really hasn't been a good week for SCO.
36620
submission
rm69990 writes:
The Summary Judgment Motions just keep on flying in the SCO litigation. On the same day that IBM has filed oppositions to all of SCO's motions for Summary Judgment, IBM has filed 2 new motions for Summary Judgment. The first motion covers IBM's Second (Lanham Act Violations), third (Unfair Competition), fourth (Intentional Interference with Prospective Economic Relations) and fifth (Unfair and Deceptive Trade Practices) counterclaims. The second motion covers Counterclaims six (Breach of the GNU General Public License), seven (Promissory Estoppel) and eight (Copyright Infringement). IBM appears to be trying to bury SCO's lawyers in paperwork. Even though the documents aren't available yet, I am posting this now seeing as it could take a while before copies are available due to them being filed conventionally as opposed to electronically. Keep checking Groklaw if you want to know when PDFs are available.
12127
submission
rm69990 writes:
Today, Novell filed a motion with Judge Dale Kimball asking him to grant summary judgment or a preliminary injunction on Novell's claims that SCO wrongfully retained the money it received from Microsoft and Sun for their SVRX licensing and sublicensing agreements. Novell indicated over a year ago, when they initially filed their counterclaims against SCO, that they were planning on asking Judge Kimball to force SCO to turn over these monies. However, Novell only recently received the actual licensing agreements between SCO, Sun and Microsoft through discovery, despite demanding copies of them as early as 2003, and thus was unable to determine that SCO had breached the APA until now, which is why this motion is being filed so late in the case. This motion will likely bankrupt SCO if granted.
2974
submission
rm69990 writes:
Google today has begun allowing users of the Google Books service to download full PDF versions of books that are no longer protected by copyright. Of course, books that are still covered by copyright, or books that have been licensed to Google for limited page views by each user will not be downloadable in PDF format. An example of a book that is available for download is Divine Comedy, The Inferno.
26
submission
rm69990 writes:
Apple today released version 1.1 beta of its Boot Camp software that allows Apple users to run MacOS X side by side with Windows XP on an Intel-based Mac. The 202 MB download adds support for newly released Intel-Macs, simplified partitioning, the ability to install Windows XP on any internal disk, support for the Isight camera and built-in microphones, as well as improved Apple keyboard support. Apple says that users should create a new Macintosh Drivers for Windows CD and install the updated software it contains on Windows XP. According to Apple, this will not require the user having to reinstall Windows XP or Mac OS X.
