Judge Stewart Denies Novell Motion in Limine No. 7 – More Orders Put SCO in a Real Pickle

“Judge Stewart has denied Novell’s Motion in Limine No. 7,
saying that the motion is “essentially one for partial summary
judgment and, as such, is untimely.” He also says they can bring
their issues up in jury instructions. That was SCO’s argument,
which has been adopted wholesale.

“But I think it’s a bit of sleight of hand to say it’s a matter
for summary judgment. In theory, it is true that Novell could have
brought it up again on a motion for partial summary judgment, but
in real-life terms, I think it would have been a waste of time to
do so, since the judge’s order goes on to say that the issues
Novell raises are issues of fact that must be decided by a jury.
That telegraphs to my brain that any such summary judgment motion
would be denied on the grounds that it’s the jury that has to
decide the matters. Unless in some alternate universe, SCO suddenly
had agreed with Novell on all the facts. Hardy har. But I’m just a
paralegal by training, so I could be missing something here.
Anyway, it’s too late now.

“So, what I’m saying is, that as far as I can determine, Novell
just got told no, period, final answer. It’s up to the jury now. I
am only guessing, but after the appeals court ruled that Judge Dale
Kimball shouldn’t have ruled on copyright ownership but should have
left it to the jury, the new judge assigned is very likely to leave
to the jury as much as he can. It takes longer, meaning it costs
more to get there, but it’s not a bad place to be, before a
jury.”

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