Week 3, Day 11 SCO v. Novell - SCO Rests after Tibbitts, Novell Begins with LaSala

"Here's Chris's first report on today's events:

"Part 1 - Initial matters and Testimony of SCO's Mr. Ryan Tibbitts.

"The day started with me dazed and confused about what motions counsel and Judge Stewart were discussing though it was evident there were quite a few. Not knowing the motions made note-taking more difficult. I'm getting some of the context from briefly looking at the motions after the fact.

"Make what you will of my notes which read "SCO not to preclude DeFazio, deny motion. Reviewed like other testimony to meaning of APA. Personal involvement to negate APA. Court decided." [PJ: Chris was in court and hence not aware of the new SCO objections [PDF] to DeFazio's full testimony.]

"Regarding Novell's motion to examine witness regarding prior rulings, the court denied it, stating the probative value is very slight for the time period (2003-2004?), but that the prejudicial value is very high. Judge Stewart said that it might be relevant if it was related to punitive damages. Will allow a witness to testify why statements still remain on Novell's website and may refer to rulings, but may not read them."

Complete Story

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