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by: ColonelZen	IP: 242.251	rated: 0-0	posted: 2007-06-28 21:53:57
IR IV SCOX 34525 by wallybass         I really don't think there's any way to read the delay in terms of K's mind on the matter in either direction.     Until the last and final motion (I gather there's still one pending - according to ruid, Novell's motion to strike SCOX's late fiilings for the recent hearings) I might be inclined to think K is just wrapping up all of SCOX cases to be dealt with as a whole.     Doing nothing is always the easiest choice, but a judge is paid to judge, and making the decisions is his job. Now I'm certain it isn't *really* laziness or sloth on his part, he probably has dozens of other cases to deal with, all requiring substantial amounts of time.   But while SCOX doesn't have a lot of traction in the wider world any more there are probably some businesses who are "holding out" on linux to see how this ends (yes, we all know, but real people in the real world are *busy* and just not that interested - its very easy for me to imagine a very conservative small to mid size business owner saying "No, not until the legal business is resolved" - remember again, doing nothing is always the easiest choice).     Likewise SCOX directly affronted and slandered thousands of people all around the world. I don't think Kimball appreciates how strongly this case "represents" the American justice system among technical people on a global scale. Some of them are or will be the decision makers who will decide whether and how much business to do with US companies for decades to come. Would you want to do business in a land where an unscrupulous company can just claim that you have stolen "millions of" x from them and start a new line of business saying your customers owe them?     So it comes down to "justice delayed is justice denied".     There are the more pragmatic issues as well. The few million SCOX has won't make or break Novell, but it looks to me like it does in fact belong to them as a matter of equity.     In the IBM case, from what I've seen on the dockets, SCOX is now wrangling over "admissions". It would save IBM (and SCOX for that matter) considerable time and money if those SJ motions which are going to succeed were made so asap: there is no need to wrangle about admissions if the party seeking them can just point to prior holdings by the court.     I don't know the legal system very well, but from what I've seen Kimball doesn't need to write a doctoral thesis on each motion. I *think* all he needs to do, which ever way he decides on each motion, is summarize and reference the arguments made in memoranda and in court for the strongest one or two arguments - and have his clerks pour over related case law to make sure there are no directly contrary precedents.     But some of the motions should be slam dunks which should have been gotten out of the way almost instantly. The re-re-re-consideration motions for instance.     Finally I'm a cynical bastard. Once you're above a certain level, there are political connections everywhere. I don't know what K's hopes and ambitions are, but if you accept the probability that he has at least some, politics enters into it. Yarro and some of the BOD *are* politically connected out in Utah. Now this *has* to end badly for SCOX - and anyone paying attention has to know it. But a lot of those Utah politico types won't know it until it happens - they simply aren't as interested and paying attention the way we are. The microwaves and din of the black helicopters has addled my brain to the point where I suspect K is simply putting off the day that he PO's those politicos as long as possible, and possibly doing some bridge building and education out on the golf courses to lessen the bad feeling when he finally has to lower the boom.     -- TWZ