Daimler case closed (for now)

Message ID: 216478
Posted By: al_petrofsky
Posted On: 2004-12-24 10:12:00
Subject: Daimler case closed (for now)

The "final judgment" in the Daimler case is now at
scofacts.org. At scofacts.org/daimler-update.html there's a
summary of recent events and of the first steps of the
appeal process.

[In response to yesterday's discussion here: I hope I'm not
disqualified from having anything of interest to say about
SCOX merely because my genitalia happen to be publicly
viewable somewhere on the world-wide web (and I freely admit
that they're not my daughter's). Please consider this fair
warning that if you investigate too deeply into my
undergraduate activities at Berkeley, you run the risk of
discovering my days (well, just one day, really) as a nudity
activist, and you may be exposed to hazardous amounts of
pasty-white geekflesh.]

Message ID: 216646
Posted By: al_petrofsky
Posted On: 2004-12-25 14:53:00
Subject: Daimler appeal

> The "final judgment" in the Daimler case is now at
> scofacts.org. At scofacts.org/daimler-update.html there's
> a summary of recent events and of the first steps of the
> appeal process.

I realize people are busy commemorating the birth of The
Christ and all that, but I'm still a little surprised that
this generated *zero* discussion here.

If nothing else, I thought that my take on the matter being
distinctly less anti-SCO than groklaw's would at least
generate a fresh shill accusation.

I'll be quite amused if SCO hurries to file its Claim of
Appeal before the end of the year (a week and a half before
it is due) just to avoid being put on the new fast-track
process that will be used for appeals filed in 2005.

There's been a little discussion over at lwn.net. Here's my
last post there:

lwn.net/Comments/117157

Appeal information

I wrote:
> For the parts of the case that SCO lost in August, SCO now
> has an automatic right of appeal if it acts within three
> weeks, and I expect it will. See
> scofacts.org/daimler-update.html for more information.

Yellman responded:
> Huh. I expect it will not. I see nothing in the content of
> your link, which appear to be little more than a
> restatement of fairly well known (via Groklaw) facts, to
> support your expectation.

Just to be clear: what I expect is that SCO will appeal the
August 9 order, and that SCO will file its initial claim of
appeal by January 11. I do not expect SCO to prevail on
appeal.

I directed people to that SCOfacts page for more information
because it does indeed contain more information about the
Michigan appeals process, including specific citations of
the applicable court rules and time periods. I do not
believe such information is well known, nor has it been
covered by Groklaw.

Also, contrary to widespread impression (via Groklaw), SCO
does not need to pay Daimler anything in order to continue
to pursue this case by appealing the August ruling. The
provisions for awarding fees to Daimler apply only if SCO
refiles the timeliness claim. SCO has said that it
considers that to be the least important part of the case,
and it will not be pursued unless SCO first prevails on the
other issues in the appellate court.

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