Years into case, SCO asserts copyright infringement

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I think you may be a little off, but accurate enough

Judge Wells is a magistrate, her job is scheduling and discovery issues. Judge Kimball is the presiding judge. While you are correct in the fact SCO tried to play both judges; I belive it was within the scope of their amended *new* motion to compel (or something like that). Judge Wells was ruling on SCO claims that since the entire business transfered; SCO claimed that documents fall under client priviledge because of successor in business laws and rules. I'm not a lawyer so I cannot speak officially. But the ruling basically said she did not see evidence of a complete transfer of business to allow client priviledge. She stated that it was an asset transfer, not the entire UNIX business since their were assets that were retained.

I believe she also mentioned that copyrights may have been retained as well, but that was not the scope of her ruling. She was simply ruling that SCO cannot claim priviledge since they are not the successor in business. She is not involved with this case "SCO vs. Novell"; though they are relying on it's outcome somewhat to move forward on the SCO vs. IBM case.

BTW Judge Kimball ruled there is no point of him ruling on this since it was already addressed by Judge Wells. SCO basically struck out on all accounts on this one.

Posted by: Physco Dude   Posted on: 01/08/06 You are currently: a Guest | Members login | Terms of Use

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