Novell Wins Again - Jury Rules Copyrights Didn't Go to SCO! - Updated 6Xs

Chris Brown

March 30 2010

I camped out across the street at the Royal Eatery diner with a clear view of the courthouse entrance from my table.

Around 11:45am I saw the jury's lunch being delivered from the diner I was in. When he'd returned at around 12:00, I asked him if the jury was in a good mood. He said they were, but that they always are since he's got the food.

I had a business call that a server of ours was down about 5 blocks from the courthouse, so I started walking back to the parking garage. I'd figured that if they were just having lunch there wouldn't be any news for an hour or so.

As I got just North of the courthouse, I saw SCO's counsel walking south toward the court. The group included Mr. Singer, Mr. Normand, Mr. Tibbitts, Darl McBride, and others.

Mr. Edward Normand pointed back toward the courthouse and told me they jury had returned a verdict. I turned around and headed back, remarking to Mr. Normand that I was almost afraid to hear the verdict. He said to join the club.

I called MSS2 and let him know, then sent off the quick email to you that they'd reached a verdict.

I also received a phone call from both individuals who had promised to call me letting me know a verdict had been reached.

On arriving in courtroom we waited about ten more minutes for Novell's counsel to arrive. Mr. Brennan and Mr. Acker were present, but not Mr. Jacobs.

I overheard Mr. Singer saying he'd only just arrived back in town this morning around 10:30am to await the verdict.

At 12:17pm Judge Stewart entered the courtroom and announced that he's been told the jury has reached a verdict. He asked that they be brought in.

The jury entered and Judge Stewart asked the marshall if it's true that the jury has reached a unanimous verdict? He answered, Yes it is.

Judge Stewart asked the jury to hand in the book containing the verdict to the "CSO" (the marshall). Juror 11 handed him the book and he then passed it to the Sandy Malley.

When asked, Ms. Malley read the verdict:

Did the the Amended Asset Purchase Agreement transfer the copyrights?

And the jury had entered, No.

Judge Stewart asked counsel if they desired the jury to be polled. Mr. Singer said yes.

Judge Stewart then asked the jury if they had unanimously found that the Amended Asset Purchase Agreement had not transferred copyrights?

Each juror was polled by number, Juror 1? Yes. Juror 2? Yes and so forth down the line until all 12 had answered yes.

Judge Stewart announced that the jury had been polled and that the decision was unanimous. He then thanked the jury saying he knows that three weeks is a long time, that he's pleased they have followed the Court's admonitions. He told them that they had performed an important task and that it was greatly appreciated.

Judge Stewart told the jury that lawyers on the case have worked a long time and that they would probably appreciate their taking a few moments and talking with them, but that they are not required to do so. He then released the jury.

After the jury left, Judge Stewart thanked the lawyers again.

As the jury left the courthouse I asked each if they would answer a few questions about the case but none did, though a few continued to chat for a few minutes with the lawyers.

03:28 PM EDT

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