SUSE Motion to Lift Stay Denied. Natch. – Updated

“Hot off the presses, the bankruptcy court has denied SUSE’s
motion to lift the stay so as to complete the arbitration. What?
This surprises you? This court favors SCO, as it is a bankruptcy
court, and it says SCO doesn’t have the money to do both; if SCO
fails in Utah, the arbitration won’t be necessary; and the
bankruptcy court has no way to know who is likely to prevail, so
SUSE can’t meet one necessary prong to get a stay lifted.

“: D

“He found a way, as some of you speculated he would, to deny the
motion. It’s hilarious. I can’t defend it. One thing is for sure,
if SUSE doesn’t appeal, as soon as the Utah trial is ended, should
SCO prevail in any way, it will immediately be back. So in that
sense, it doesn’t matter much, but this court is a riot.

“Here are the filings, and as you will see, one of Novell’s
attorneys, David Melaugh, has moved on:”

Complete
Story