SCO gets more time to file appeal brief regarding its loss to Novell

“SCO filed a motion asking for more time to file its appeal
brief with the Tenth Circuit Court of Appeals. They needed 10 more
days, and Novell agreed to it, so the clerk signed off on it the
same day the motion was filed, and the new date for SCO to file its
brief will be September 9.

“SCO’s argument asking for more time is interesting, because we
learn that Novell asked to — and SCO agreed they could — attach
60 more documents to the Appendix. And Stuart Singer, who takes
credit in his bio on Boies Schiller’s website for representing SCO
as lead counsel at this same court of appeals the last time SCO
appealed, is busy with another case, working on a preliminary
injunction proceeding. Well. Almost. It doesn’t say the “SCO”
word:

“Won appellate decision from Tenth Circuit (August 2009)
regarding ownership of copyrights and contract rights for the UNIX
operating system.

“Heh heh. They are incorrigible. Not exactly the whole story,
eh? What he won was a jury trial to *determine* the ownership of
UNIX and UnixWare copyrights and contract rights, but the jury at
the trial said Novell retained ownership of the copyrights for UNIX
and UnixWare in 1995-6, and the judge ruled that Novell had the
right to waive contractual violations, so SCO lost completely,
despite the Court of Appeals granting SCO that extra bite of the
apple with a jury trial. Which, I must point out, reached exactly
the same conclusion that the first judge had on summary judgment
way back in August of 2007. Singer’s bio makes it sound like SCO
prevailed. No wonder Bloomberg got it so wrong today [see News
Picks]. That’s the trouble with fibs and spin. They detach your
mind from reality. Over time, that can’t be good for anybody’s
mental health.”

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