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SUSE Motion to Lift Stay Denied. Natch.

By Pamela Jones et al.

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.

Full post as published by Groklaw on January 15, 2010 (boomark / email).