PJ of Groklaw carried the news that Judge Stewart rules for Novell. Good news for Linux. However, as she said, and as SCO’s history indicates, it might not be still the end of it.
I think it will go to appeal. There is no downside for SCO, especially since according to PJ, their contract with their lawyers say that they do not have to pay the lawyer bill for it. If I were SCO’s bankruptcy trustee, I will pursue it since there is no significant cost to me. Furthermore, it means I can hold out longer for a buy out, and may be the people I sue will buy me now as I am going for rock-bottom price. Please do not blame him. It is his job to think of the best way to save SCO. If I were the trustee, a sale is much better than winding a company down.
One thing I find funny is PJ’s emotional ride during the trials. She went as far as wondering what Judge Stewart were thinking when he ruled for SCO. In fact, if I remember correctly, she was saying the judge “did not get it”. Now she is celebrating the fact that the judge ‘gets it’. What a transformation!
It is true that Judge Stewart appears to be leaning over backward for SCO during the trial. I think it has to do with his duty as a judge. At that point in time his job is to arbitrate both side’s demand, not to let his own opinion on the subject matter colour his duty as an impartial referee. It was his job to allow both parties to present their case and not to make a judgment on the merit of their argument. After the trial, as he is asked to pass judgment on remaining issue, he is now able to tell us what his opinion on the matter is.
While I expects layman like me to not understand the judge’s role, a paralegal like PJ should understand it. That made it a surprise for me to see PJ complaining about the judge. I understand she had a lot of emotion invested in the trial, but I think she should try not to let her emotion overwhelm her.