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SCO v. Novell, Day 6, Monday, March 15, 2010 - as text

By Pamela Jones et al.

Now we're cooking with gas. Here's Darl McBride on the stand at last, in the transcript of day 6 of the second SCO v. Novell trial in Utah. That makes it Monday, March 15th, the beginning of the second week of the trial, with the Hon. Ted Stewart presiding. Steve Sabbath appears by video deposition on this day too, and Kimberlee Madsen also takes a turn on the stand live, and in fact she is the first witness. And then it's Darl.

The day begins with an issue that shows up in SCO's appeal of its devastating loss at this jury trial, namely whether the jury should be allowed to hear that SCO already lost once before at an earlier trial and on summary judgment. And it ends with Darl talking about Novell issuing a press release on December 22, 2003 about registering the UNIX copyrights, but the story he tells about it doesn't match the day's events that I chronicled on Groklaw at the time. His story is that Novell deliberately chose the day of SCO's earnings results conference call to announce that they'd filed at the US Copyright Office, with devastating results to SCO's stock and business. But I'll show you from the transcript of that call that in fact it was Darl himself who announced to the world that Novell had registered the copyrights, prior to Novell saying anything about it in public. The teleconference was scheduled for 11 AM. It wasn't until late that afternoon, at around 4, that I wrote that Novell had confirmed it.

Full post as published by Groklaw on September 17, 2010 (boomark / email).