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Special Forums News, Links, Events and Announcements UNIX and Linux RSS News Stewart Rules: Novell Wins! CASE CLOSED! Post 302428736 by Linux Bot on Thursday 10th of June 2010 06:45:09 PM
Old 06-10-2010
Stewart Rules: Novell Wins! CASE CLOSED!

Here you go, munchkins. Judge Ted Stewart has ruled for Novell and against SCO. Novell's claim for declaratory judgment is granted; SCO's claims for specific performance and breach of the implied covenant of good fair and fair dealings are denied. Also SCO's motion for judgment as a matter of law or for a new trial: denied. Novell is entitled to waive, at its sole discretion, claims against IBM, Sequent and other SVRX licensees.
CASE CLOSED!
Maybe I should say cases closed. The door has slammed shut on the SCO litigation machine. The judge writes in the Memorandum Decision and Order about SCOsource, "Finally, while SCO's witnesses testified that the copyrights were'required' for SCO to run its SCOsource licensing program, this was not something that SCOever acquired from Novell." He totally got it. He noticed Darl McBride admitted that SCO didn't need the copyrights for anything but SCOsource. It couldn't be any better if I'd written it myself.
Was the jury misled or confused? Not at all, the judge writes: "The jury could have rejected the testimony of SCO's witnesses for a number ofreasons, including their lack of involvement in drafting the APA, the fact that there was littletestimony on any actual discussions concerning the transfer of copyrights, or that many of thewitnesses had a financial interest in the litigation."
"The Clerk of the Court is directed to close this case forthwith," Stewart writes in the final judgment. I believe that means SCO v. IBM is essentially over now, unless IBM wishes to pursue its counterclaims.
And now it is -- finally -- time, once again, for my red dress! And a huge thank you to Michael Jacobs and the team at Morrison & Foerster, who never gave up but, more importantly, showed that you can fight hard and win with ethics and dignity, and to Sterling Brennan of Workman|Nydegger, who was frankly absolutely wonderful at trial. And thank you to you, Groklaw volunteers, because we made a difference in this world.

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File::Spec::Win32(3pm)					 Perl Programmers Reference Guide				    File::Spec::Win32(3pm)

NAME
File::Spec::Win32 - methods for Win32 file specs SYNOPSIS
require File::Spec::Win32; # Done internally by File::Spec if needed DESCRIPTION
See File::Spec::Unix for a documentation of the methods provided there. This package overrides the implementation of these methods, not the semantics. devnull Returns a string representation of the null device. tmpdir Returns a string representation of the first existing directory from the following list: $ENV{TMPDIR} $ENV{TEMP} $ENV{TMP} SYS:/temp C:/temp /tmp / The SYS:/temp is preferred in Novell NetWare. Since Perl 5.8.0, if running under taint mode, and if the environment variables are tainted, they are not used. catfile Concatenate one or more directory names and a filename to form a complete path ending with a filename canonpath No physical check on the filesystem, but a logical cleanup of a path. On UNIX eliminated successive slashes and successive "/.". On Win32 makes dir1dir2dir3....dir4 -> dirdir4 and even dir1dir2dir3...dir4 -> dirdir4 splitpath ($volume,$directories,$file) = File::Spec->splitpath( $path ); ($volume,$directories,$file) = File::Spec->splitpath( $path, $no_file ); Splits a path in to volume, directory, and filename portions. Assumes that the last file is a path unless the path ends in '\', '\.', '\..' or $no_file is true. On Win32 this means that $no_file true makes this return ( $volume, $path, undef ). Separators accepted are and /. Volumes can be drive letters or UNC sharenames (\servershare). The results can be passed to "catpath" to get back a path equivalent to (usually identical to) the original path. splitdir The opposite of catdir(). @dirs = File::Spec->splitdir( $directories ); $directories must be only the directory portion of the path on systems that have the concept of a volume or that have path syntax that differentiates files from directories. Unlike just splitting the directories on the separator, leading empty and trailing directory entries can be returned, because these are significant on some OSs. So, File::Spec->splitdir( "/a/b/c" ); Yields: ( '', 'a', 'b', '', 'c', '' ) catpath Takes volume, directory and file portions and returns an entire path. Under Unix, $volume is ignored, and this is just like catfile(). On other OSs, the $volume become significant. Note For File::Spec::Win32 Maintainers Novell NetWare inherits its File::Spec behaviour from File::Spec::Win32. SEE ALSO
File::Spec perl v5.8.0 2002-06-01 File::Spec::Win32(3pm)
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