SCO v. Novell, Day 6, Monday, March 15, 2010 – as text

“Now we’re cooking with gas. Here’s Darl McBride on the stand at
last, in the transcript of day 6 of the second SCO v. Novell trial
in Utah. That makes it Monday, March 15th, the beginning of the
second week of the trial, with the Hon. Ted Stewart presiding.
Steve Sabbath appears by video deposition on this day too, and
Kimberlee Madsen also takes a turn on the stand live, and in fact
she is the first witness. And then it’s Darl.

“The day begins with an issue that shows up in SCO’s appeal of
its devastating loss at this jury trial, namely whether the jury
should be allowed to hear that SCO already lost once before at an
earlier trial and on summary judgment. And it ends with Darl
talking about Novell issuing a press release on December 22, 2003
about registering the UNIX copyrights, but the story he tells about
it doesn’t match the day’s events that I chronicled on Groklaw at
the time. His story is that Novell deliberately chose the day of
SCO’s earnings results conference call to announce that they’d
filed at the US Copyright Office, with devastating results to SCO’s
stock and business. But I’ll show you from the transcript of that
call that in fact it was Darl himself who announced to the world
that Novell had registered the copyrights, prior to Novell saying
anything about it in public. The teleconference was scheduled for
11 AM. It wasn’t until late that afternoon, at around 4, that I
wrote that Novell had confirmed it.”

Complete
Story