CyberTech Rambler

October 29, 2009

Novell appealing to Supreme Court

Filed under: Uncategorized — ctrambler @ 10:39 pm

From Groklaw, it is now clear that Novell is prepare to appeal to the Supreme Court. That surprised me. I had never thought that the issue will go all the way up to the Supreme Court.

If I were Novell, I am not really sure I would had tried. It is certainly an avenue available to Novell (and SCO). I would not be surprised if SCO did it, but Novell? According to PJ they must had calculated that they stand some chance of winning. I am going to trust her on that.

Is Novell trying to blead SCO dry? May be. It might also be a negotiating tactic. It wants the Chapter 11 trustee to know that Novell will go all the way and strengthen Novell’s position in any negotiation. Perhaps it is trying to encourage the Trustee to throw in the towel by (1) showing that Novell is not prepared to back down and will do anything to diminish the already extremely thin chance of succeeding and (2) in the process, making it more costly for SCO.

Quite frankly. I don’t know what Novell is thinking. The outcome for the majority of us is an education on US justice system all the way to the Supreme Court by PJ. I had learned a lot from reading Groklaw, to the extent that I know the US system better than the UK system (where I live) or Malaysian system (where I was born). However, I did not expect a complete education, i.e., all the way to the Supreme Court. That is the icing on the cake!

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