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

“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.””

Complete
Story