Week 3, Day 11 SCO v. Novell – SCO Rests after Tibbitts, Novell Begins with LaSala

“Here’s Chris’s first report on today’s events:

“Part 1 – Initial matters and Testimony of SCO’s Mr. Ryan
Tibbitts.

“The day started with me dazed and confused about what motions
counsel and Judge Stewart were discussing though it was evident
there were quite a few. Not knowing the motions made note-taking
more difficult. I’m getting some of the context from briefly
looking at the motions after the fact.

“Make what you will of my notes which read “SCO not to preclude
DeFazio, deny motion. Reviewed like other testimony to meaning of
APA. Personal involvement to negate APA. Court decided.” [PJ: Chris
was in court and hence not aware of the new SCO objections [PDF] to
DeFazio’s full testimony.]

“Regarding Novell’s motion to examine witness regarding prior
rulings, the court denied it, stating the probative value is very
slight for the time period (2003-2004?), but that the prejudicial
value is very high. Judge Stewart said that it might be relevant if
it was related to punitive damages. Will allow a witness to testify
why statements still remain on Novell’s website and may refer to
rulings, but may not read them.”

Complete
Story