Legal Issues
Judge Dale Kimball, the judge presiding over SCO v. Novell, which was just sent back to him when the Bankruptcy Court in Delaware lifted the automatic stay, has issued an order [PDF]. He'd like the parties to tell him what's left, can any of it be handled by summary judgment, and does the subtraction of the constructive trust issue mean the trial will be shorter. Any other matters they'd like to tell him about in the joint statement he leaves to their discretion. And he'd like to know by the 13th. Their answers will impact how soon he can schedule the trial, but he's interested in doing so as soon as possible.
"As protests mount over the Canadian DMCA, law professor Michael Geist is now reporting that the government plans to delay addressing fair use and consumer copyright concerns such as the blank media tax for years. While the U.S. copyright lobby get their DMCA, consumers will get a panel to eventually consider possible changes to the law. Many Canadians are responding today with a mass phone-in to Industry Minister Jim Prentice to protest the policy plans."
Groklaw member LEXLAW suggested that now would be a good time to take a second look at Novell's Trial Brief [PDF]. It was filed in Utah back in the middle of September, on the same day that SCO filed for bankruptcy in Delaware, and so we never did a text version or paid much attention. But now that we are Utah bound, here it is, the text version, the work of the entire Groklaw Group. You know, like the SCO Group and the 363 Group? Except there are more of us than there are of them, now that I think of it.
Witness No. 3 continued on the stand Tuesday in the Hans Reiser murder trial, and she quickly became the subject of several insults under cross examination by the defendant's attorney.
Now it's getting interesting. Microsoft Chairman Bill Gates' father's law firm, known as the firm that represents Microsoft, has just filed a Notice of Entry of Appearance and Demand for Notices and Papers [PDF] in the SCO bankruptcy on behalf of MSLI, Inc., otherwise known as Microsoft Licensing, one of the creditors on SCO's list. In fact, one of the 20 top creditors [PDF], owed $125,000 or so. That would give them a seat at the creditors committee table, presumably, should they so desire, if a committee is formed later.
The young son of Linux guru Hans Reiser resumed testimony at his father's murder trial after a lunch break Tuesday. The 8-year-old boy told jurors he saw his father carrying "somebody" rolled up "like a ball" inside a bag down the stairs of his father's Oakland house the night his mother vanished.
In the United States, SCO's Linux/Unix litigation has been stalled out while the company's bankruptcy trial is being dealt with. In Germany, however, several court cases have found SCO Group GmbH, SCO's Germany branch, guilty of lying about Linux containing stolen Unix code.
Hans Reiser, the popular open-source Linux engineer, traumatized his 5-year-old young son with violent video games and horror movies, prosecutor Paul Hora told jurors in the opening of Reiser's murder trial.
When Network Appliance first announced it had filed a lawsuit against Sun Microsystems early in September over alleged patent infringement in ZFS, I didn't know what to make of it.
Last month I was threatened with police intervention after taking pictures of my two-year-old. Why? We were in what you might think of as analogous to an outdoor mall. It’s a former industrial complex that’s listed in the National Register of Historic Places. Today the area has been revitalized with restaurants and office space, a large greenspace in the middle, and an attractive manmade river and waterfall. Despite there being no signs to indicate such, security informed me that the owners of the space have prohibited photography in order to “protect the intellectual property of the architecture.”
SUSE has arrived, filing a "special opposition" [PDF] to SCO's motion to stay the arbitration in Europe. That isn't what SCO called the motion technically, but that is what SCO wants. SUSE says that the Bankruptcy Court has no jurisdiction over SUSE, and for a number of reasons which it outlines, even if it did, the arbitration can't be stayed. SUSE also asks to file a couple of exhibits under seal [PDF], attached to the affidavit of Felix Imendoerffer [PDF], SUSE's corporate legal counsel. So, this motion gets added to the list of those to be argued on November 6. Also, today was the creditors' meeting. Darl McBride showed up to answer questions.
The nation's first Linux patent suit currently facing Red Hat and Novell isn't about open source at all. Or so the plaintiff says.
IP Innovation LLC has just filed a patent infringement claim against Red Hat and Novell. It was filed October 9, case no. 2:2007cv00447, IP Innovation, LLC et al v. Red Hat Inc. et al, in Texas. Where else? The patent troll magnet state.
Here you'll find an MP3 of a conference sponsored by the Massachusetts Technology Leadership Council on the Novell-Microsoft deal held in Boston on September 26th, where representatives from Novell and Microsoft defend the patent deal.
The first U.S. GPL-related lawsuit appears to be headed for a quick out-of-court settlement. Device-maker Monsoon Multimedia admitted today that it has violated the GPLv2 (GNU General Public License version 2), and said it will release its modified BusyBox code in full compliance with the license.