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Novell Never Mentioned UnixWare in its press releases in 2003

By Pamela Jones et al.

SCO's Chapter 11 Trustee Edward Cahn bragged at Friday's bankruptcy hearing that he had won all the Daubert motions and most of the motions in limine in Utah. However, Judge Stewart has just reversed himself with regard to Novell's Motion in Limine No. 2 and No. 3 and has now granted them.

If you look at the chart we've prepared you can see that and if you do the math, you'll see that Novell was denied on six of its motions in limine, but it won on five, and in won in part and was denied in part on 8.

It also wouldn't be true to say that SCO won all its motions in limine. SCO was denied without prejudice on one, denied outright on another, denied in part and granted in part on one, granted on two, and one was taken under advisement. SCO did prevail in the three Daubert motions. Just setting the record straight.

In reversing himself on Novell's two motions in limine in his recent order [PDF], I think he made a mistake in describing Novell's press releases, however. It's fundamental to what exactly are the disputed copyrights. So I thought I'd take the time to explain.

Full post as published by Groklaw on March 07, 2010 (boomark / email).