"Here's the transcript of Day 7 of the SCO v. Novell trial in
Utah, March 16, 2010, as text, the second trial, with the Hon. Ted
Stewart presiding, and it's Darl McBride, all day long on the
witness stand. He was on the stand the day before, and he'll be
returning for more on the next day, but this day is by far the most
intriguing so far.
"We find out something we never noticed, but Morrison &
Foerster's Eric Acker did, and Acker uses it in his questioning of
Darl. You know that SCO accused Novell of slander of title, and
part of SCO's shtick was that on the day that SCO announced its
fabulous financials from the Microsoft and Sun license deals, on
May 28, 2003, Novell ruined everything and sent SCO's stock into
the tank by choosing that same day to announce that Novell, not
SCO, owned the UNIX copyrights. In opening statements, both SCO
lawyers, Boies Schiller's Stuart Singer and Brent Hatch, went on
and on about the damage to SCO's stock after Novell made its
announcement that day.
"Guess what Acker demonstrates? That actually what really
happened is SCO had already announced their projected financials
prior to May 28, on May 14th, in a press release, and on that day,
without Novell saying a word, the SCO stock only went up by the end
of the day from $3.34 at the start of the day and to a closing
price at $3.55. By May 28, it was at around $10, and early in the
morning of May 28, despite SCO announcing its fabulous numbers at a
9 AM conference call, the SCO stock began trending downward
*before* Novell's announcement. At the time of Novell's press
release, it was at around $8 and it went down by the end of the day
to $6 something. Who can say that it was Novell at all, considering
the pattern from the morning onward? Plus $6 is higher than it was
on May 14th, when SCO had the stage to itself and told the world
about its wonderful numbers."
