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by: ColonelZen IP: 181.27 rated: 0-0 posted: 2007-07-15 12:47:19
(Posted IV SCOX)  
 
Msg: 35692 of 35692 7/15/2007 12:45:52 PM  
 
 
I've been thinking ill mannered thoughts about K for the length of time its taken him on the PSJ's.  
 
But idly thinking the "critical path" for the possible decisions and their dependencies. And it occurs to me that their may be a sub-rosa wrangle going on that might be at least partial cause for the delay.  
 
I think it inevitable that K will rule that SysV copyright did not transfer.  
 
I suspect that he wants to then almost all of SCOX's case against IBM for lack of standing on the copyrights and Novell's waiver for the rest. And subsequently wants to rule IBM cc10 in particular also moot. But IBM *wants*  
CC10 (particularly as Novell is now sometimes sleeping with MS) ruled upon for its merits to raise the bar for any possible future entanglements. I suspect that IBM has (if there's any reality to this wisp of idle Sunday musing) that IBM has indicated that they will come back with an appeal that the public/industry interest (citing RH perhaps) asking for a ruling on substance.  
 
Now if it were anyone else, the Judge would tell them to take what he gives and if they don't like it, them's tough oysters. But it *is* IBM who wants here and there *is* an issue of valid public concern.  
 
Well, so much for an idle willow-whisp.  
 
Hey Judge, on the infinitisesmal chance that the echoes of this will reach you (an squaring an unlikelyhood, that you care), think "Debevoise". That alone gives you plenty of reason to assert skepticism over possible infringement on any SysV by anyone.  
 
-- TWZ