Welcome!

Symbian Authors: Jack Newton, Kevin Benedict, Matthew Lobas, Shelly Palmer, RealWire News Distribution

Related Topics: Symbian, IBM Cloud, Linux Containers

Symbian: Article

Novell Makes Aboutface in SCO Case

has done a 180 degree turn and is asking the Utah district court to combine the SCO v Novell and SCO v IBM cases

IBM Journal

Back when the SCO litigation was under Utah district court judge Dale Kimball, whose decision that Novell owns Unix was overturned by the 10th Circuit Court of Appeals, Novell thought it was simply ducky that SCO's case against Novell should go ahead of SCO's case against IBM, which is how we wound up with the summary judgment that got trashed.

If memory serves, it was Novell's idea that it go first and block and tackle for IBM.

And when the thought of combining the Novell and IBM cases came up in bankruptcy court, Novell and IBM were utterly appalled at the thought.

Now Novell has done a 180 degree turn and is asking the Utah district court to combine the SCO v Novell and SCO v IBM cases and if nothing else put them under the same judge.

When the Novell case was sent back to Utah for jury trial, Judge Kimball, as is his wont when overturned - and he has a history of it - washed his hands of the whole thing; so the Novell case went to one judge and the IBM case went to another.

Novell, which has wasted its share of the court's time, now argues that it would be more efficient to hear both cases together so only one judge has to be educated.

And, as predicted it would, it's asked the bankruptcy court to lift the stay on the Swiss arbitration of whatever it was SCO supposedly deeded to UnitedLinux.

Novell has yet to try to resuscitate that appeal to the Supreme Court that the 10th Circuit denied.

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

Comments (1) View Comments

Share your thoughts on this story.

Add your comment
You must be signed in to add a comment. Sign-in | Register

In accordance with our Comment Policy, we encourage comments that are on topic, relevant and to-the-point. We will remove comments that include profanity, personal attacks, racial slurs, threats of violence, or other inappropriate material that violates our Terms and Conditions, and will block users who make repeated violations. We ask all readers to expect diversity of opinion and to treat one another with dignity and respect.


Most Recent Comments
softdrat 11/13/09 09:59:00 PM EST

"If memory serves, it was Novell's idea that it go first and block and tackle for IBM."

Not exactly. In fact, Novell wasn't even in the room.

-------------------

Oct 24, 2006 hearing, SCO v. IBM [IBM-884].

Kimball: NOVELL ISN'T HERE, but you both know there's another case. Is there an argument that that case ought to be tried first, at least from you two folks? I'm not asking Novell that. They are not here -- or IT IS NOT HERE. Do you have a reaction to that question?

Singer: My immediate reaction would be that the IBM case should come first ...

Marriott: There is, I think, an excellent argument that the trial of that matter should come first ...

------------------

So it was IBM, not Novell, who argued that Novell should go first.

"And when the thought of combining the Novell and IBM cases came up in bankruptcy court, Novell and IBM were utterly appalled at the thought."

Any references? As far as we know, the issue never came up. By chance, Kimball was assigned both cases.

IoT & Smart Cities Stories
The deluge of IoT sensor data collected from connected devices and the powerful AI required to make that data actionable are giving rise to a hybrid ecosystem in which cloud, on-prem and edge processes become interweaved. Attendees will learn how emerging composable infrastructure solutions deliver the adaptive architecture needed to manage this new data reality. Machine learning algorithms can better anticipate data storms and automate resources to support surges, including fully scalable GPU-c...
Machine learning has taken residence at our cities' cores and now we can finally have "smart cities." Cities are a collection of buildings made to provide the structure and safety necessary for people to function, create and survive. Buildings are a pool of ever-changing performance data from large automated systems such as heating and cooling to the people that live and work within them. Through machine learning, buildings can optimize performance, reduce costs, and improve occupant comfort by ...
The explosion of new web/cloud/IoT-based applications and the data they generate are transforming our world right before our eyes. In this rush to adopt these new technologies, organizations are often ignoring fundamental questions concerning who owns the data and failing to ask for permission to conduct invasive surveillance of their customers. Organizations that are not transparent about how their systems gather data telemetry without offering shared data ownership risk product rejection, regu...
René Bostic is the Technical VP of the IBM Cloud Unit in North America. Enjoying her career with IBM during the modern millennial technological era, she is an expert in cloud computing, DevOps and emerging cloud technologies such as Blockchain. Her strengths and core competencies include a proven record of accomplishments in consensus building at all levels to assess, plan, and implement enterprise and cloud computing solutions. René is a member of the Society of Women Engineers (SWE) and a m...
Poor data quality and analytics drive down business value. In fact, Gartner estimated that the average financial impact of poor data quality on organizations is $9.7 million per year. But bad data is much more than a cost center. By eroding trust in information, analytics and the business decisions based on these, it is a serious impediment to digital transformation.
Digital Transformation: Preparing Cloud & IoT Security for the Age of Artificial Intelligence. As automation and artificial intelligence (AI) power solution development and delivery, many businesses need to build backend cloud capabilities. Well-poised organizations, marketing smart devices with AI and BlockChain capabilities prepare to refine compliance and regulatory capabilities in 2018. Volumes of health, financial, technical and privacy data, along with tightening compliance requirements by...
Predicting the future has never been more challenging - not because of the lack of data but because of the flood of ungoverned and risk laden information. Microsoft states that 2.5 exabytes of data are created every day. Expectations and reliance on data are being pushed to the limits, as demands around hybrid options continue to grow.
Digital Transformation and Disruption, Amazon Style - What You Can Learn. Chris Kocher is a co-founder of Grey Heron, a management and strategic marketing consulting firm. He has 25+ years in both strategic and hands-on operating experience helping executives and investors build revenues and shareholder value. He has consulted with over 130 companies on innovating with new business models, product strategies and monetization. Chris has held management positions at HP and Symantec in addition to ...
Enterprises have taken advantage of IoT to achieve important revenue and cost advantages. What is less apparent is how incumbent enterprises operating at scale have, following success with IoT, built analytic, operations management and software development capabilities - ranging from autonomous vehicles to manageable robotics installations. They have embraced these capabilities as if they were Silicon Valley startups.
As IoT continues to increase momentum, so does the associated risk. Secure Device Lifecycle Management (DLM) is ranked as one of the most important technology areas of IoT. Driving this trend is the realization that secure support for IoT devices provides companies the ability to deliver high-quality, reliable, secure offerings faster, create new revenue streams, and reduce support costs, all while building a competitive advantage in their markets. In this session, we will use customer use cases...