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Novell on Gray's Amicus Motion: He isn't really supporting us, it's untimely and irrelevant

By Pamela Jones et al.

Novell has filed a response to Wayne Gray's Motion asking if he can file an "amicus" brief. The introduction says it all:

Wayne Gray seeks leave to file an amicus brief. Gray seeks to do so to inject issues into this appeal that have no relevance to the dispute between SCO and Novell and that were not addressed by the district court's decisions below. As the 855 pages of "attachments" to Gray's amicus brief demonstrate, evaluation of Gray's arguments would require extensive additions to the record, the majority of which was not even presented to the district court in this matter. In addition, though characterized as "in support of" Defendant-Appellee Novell, Gray's position is in fact opposed to both Novell and SCO. His motion to file an amicus brief therefore should have been filed March 13, not April 20, and is untimely. For these reasons, Novell opposes Gray's motion to file an amicus brief.

'Nuff said.

Full post as published by Groklaw on May 01, 2009 (boomark / email).