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Report from Denver: The SCO v. Novell Appeals Court Hearing

May 07, 2009, 22:31 (0 Talkback[s])
(Other stories by Pamela Jones)

"I must caution, as he does, that you can almost never get a definite idea of how a court will rule just from the hearing, and he explains why. I have to say, though, that from his report, it sounds encouraging to me.

"Stuart Singer of Boies Schiller argued for SCO, and I gather he did a fabulous job with very little to work with. Considering that Boies Schiller claims it is "way into the red" on SCO, it's interesting that they still sent one of their very best, a partner in the firm. Michael Jacobs of Morrison & Foerster argued for Novell, and he is consistently excellent. Both attorneys, Clocks says, were spectacular to watch.

"I know you are dying to know how it went. I'd say from this report that it went very well indeed. Here's the only possible sticky wicket that I see in the report:

""McConnell stated something to the effect that the language for the exclusion in Amendment 2 includes all copyrights and trademarks other than the ones "that are required". He also said that he has no problem with the premise that they have not shown what is required and the appeals court likely will not rule on that, but he didn't see how that would not be an issue for trial.""

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