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SCO v. Novell Trial, Day 7, Tuesday, March 16, 2010: It's Darl, Darl, Darl - as text

Sep 29, 2010, 21:33 (0 Talkback[s])
(Other stories by Pamela Jones)


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"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."

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