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Intellectual Property Law

: Groklaw

Week 3, Day 14 SCO v. Novell Trial - Braham, Bradford, Musika, and Judge: "the End is Nigh"

By Pamela Jones et al.

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Today, Tor Braham took the stand again in the SCO v. Novell trial in Utah, and SCO had a chance to cross examine him. He said something interesting, that he remembers a lot about the APA, because it was a very significant deal, one that he knew at the time was important, because it would affect the future of Unix. It explains why after all these years he still has the drafts, don't you think? He knew this was historic and a significant moment in his career.

Then Novell called David Bradford to the stand, and finally it was time for Novell's expert on damages (see footnote 2), Terry Musika. He basically rebutted SCO's experts, Christine Botosan and Gary Pisano, in his report [PDF]. Here's where you'll find David Bradford's Declaration [PDF], so you can follow along, along with the Board Minutes he turns out to be the author of, and here's Tor Braham's Declaration, and you don't want to miss the exhibits attached, including drafts of the APA.

Note that while some in the media are saying that the case has gone to the jury, that is not accurate. Novell's case is chief ended today, followed by some rebuttal witnesses from SCO, Robert Frankenberg and Dr. Christine Botosan. We still have closing arguments and jury instruction ahead before the end, so as Judge Stewart said to the jury, the end is nigh, but it hasn't arrived yet.

Full post as published by Groklaw on March 26, 2010 (boomark / email).

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