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SCO v. Novell, Day 9, Thursday, March 18, 2010 - as text

By Pamela Jones et al.

This is the transcript as text of day nine of the SCO v. Novell trial that began on Monday, March 8, 2010 and ran for 15 days, Monday through Friday, for three weeks, with the Hon. Ted Stewart presiding. That would make it Thursday, March 18, and the witnesses that day were Christine Botosan back on the stand for a second day, followed by Lawrence Gasparro, Phillip Langer and Gregory Pettit. Here is Groklaw's eyewitness report from the trial for that day.

I noticed something significant in the Botosan testimony. Under cross examination by Novell's lawyer Sterling Brennan, she admits she didn't know Red Hat had filed litigation against SCO. Not only is that hard to accept, given that she also testifies on this day that she read most all of SCO's 10Ks and 10Qs from 2003 to 2007, all of which mention it prominently, but it occurs to me that this litigation belonged in her but-for world calculations. The lawsuit wasn't about the copyrights, where Novell ownership claims would have any effect. It was about things like tortious interference with business, false advertising, and defamation, all of which are independent of any copyright ownership issues. Yet, she claims never to have heard about it.

Full post as published by Groklaw on October 09, 2010 (boomark / email).