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Intellectual Property Law

: Groklaw

Day 2, April 30, Novell v. SCO Trial Transcript - as text, no line #s

By Pamela Jones et al.

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Here is day two of the trial of Novell v. SCO, the daily transcript as text. Our thanks go to Steve Martin. Here's Day 1.

This is the day that saw CEO Darl McBride take the stand and tell the court he always certified truthful SEC filings, even when they seem to contradict what he is now testifying to. He says that the Sun and Microsoft licenses were *not* SCOsource licenses, just UnixWare licenses "embodied in the SCOsource division." Oddly, that is the same language that he uses to describe SVRX, as being "embodied" in UnixWare.

I wonder what he means by that word 'embodied'? One clue is his statement that "we use UnixWare as the wrapper to sell a System V license." Well, there you have it. They used a wrapper to sell *System V * licenses. Oops. I think he probably woke up at 2 AM thinking about that answer. A casual onlooker might think he was agreeing with the court, which has already ruled that the Sun and Microsoft licenses are SCOsource licenses, to an unknown degree, which is what the trial is to establish, not that Darl acknowledges the court or its decisions as being binding. He stays on message. But might that casual observer get the idea that SCO deliberately wrapped System V licenses in UnixWare to avoid having to pay Novell its System V royalties?

Also Chris Sontag finished his testimony, and Greg Jones and John Maciaszek also took the stand.

By the way, he mentions that if you go into a bookstore you will find how to program in Unix and Linux books in the same section. That is because Linux is not a programming language. Neither is UNIX. They are both written in C, C++, Java, Perl, Python, and Ada95. Etc. You know. In programming languages. And both are POSIX-compliant, POSIX being a standard. Duh. What he says is like saying that if you go into a US bookstore and head for the cookbooks section, you'll find a lot of books written in English. That is true. You will. Not only that, but they all use cups as a measurement and Tablespoons and such. That doesn't mean they copied from one another, or that all the recipes will produce the identical result, just that they were written in the same language and use standard measurements for US cooks. He is such a riot. And I have only scratched the surface.

Full post as published by Groklaw on May 02, 2008 (boomark / email).

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