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Special Forums News, Links, Events and Announcements UNIX and Linux RSS News 10th Circuit Court of Appeals Grants in Part SCO's Motion to Expedite Appeal Post 302469953 by Linux Bot on Monday 8th of November 2010 06:30:07 PM
Old 11-08-2010
10th Circuit Court of Appeals Grants in Part SCO's Motion to Expedite Appeal

The US Court of Appeals for the 10th Circuit in Denver, SCO's last-gasp hope, apparently believes that SCO always tells the truth. It has accepted as true SCO's assertion that Novell does not oppose SCO's motion to expedite. Anyway, rather than wait to see if Novell files an opposition, the court has already granted in part SCO's motion, which SCO only filed on Friday. Here's the part that is granted:
This appeal will be placed on the January 2011 oral argument calendar. The decision on whether to expedite consideration of, and the decision in, this case is referred to the panel of judges that will decide the appeal on the merits.
So, they're leaving it up to the panel of judges chosen to hear the appeal as to whether or not to expedite how fast they rule, I guess, so that decision is delayed, but are they moving SCO ahead of the line on the schedule for oral argument? I can't tell. It seems so, in that it says the motion is granted in part, but by whom? Can clerks grant motions to expedite?
The January session is January 18-21. But something odd. This order doesn't list any judges as making this decision. It's signed by the clerk and the clerk's lawyer. Can they make this decision? Or did they forget to list the judges? It's definitely different from SCO's first appeal.
Anyway, now SCO can go to bankruptcy court and tell them that they should be able to delay selling the assets, or going into Chapter 7 alternatively, because they are soooo close to a decision from the appeals court.

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CFREE(3)						     Linux Programmer's Manual							  CFREE(3)

NAME
cfree - free allocated memory SYNOPSIS
#include <stdlib.h> /* In SunOS 4 */ int cfree(void *ptr); /* In glibc or FreeBSD libcompat */ void cfree(void *ptr); /* In SCO OpenServer */ void cfree(char *ptr, unsigned num, unsigned size); /* In Solaris watchmalloc.so.1 */ void cfree(void *ptr, size_t nelem, size_t elsize); Feature Test Macro Requirements for glibc (see feature_test_macros(7)): cfree(): _BSD_SOURCE || _SVID_SOURCE DESCRIPTION
This function should never be used. Use free(3) instead. 1-arg cfree In glibc, the function cfree() is a synonym for free(3), "added for compatibility with SunOS". Other systems have other functions with this name. The declaration is sometimes in <stdlib.h> and sometimes in <malloc.h>. 3-arg cfree Some SCO and Solaris versions have malloc libraries with a 3-argument cfree(), apparently as an analog to calloc(3). If you need it while porting something, add #define cfree(p, n, s) free((p)) to your file. A frequently asked question is "Can I use free(3) to free memory allocated with calloc(3), or do I need cfree()?" Answer: use free(3). An SCO manual writes: "The cfree routine is provided for compliance to the iBCSe2 standard and simply calls free. The num and size argu- ments to cfree are not used." RETURN VALUE
The SunOS version of cfree() (which is a synonym for free(3)) returns 1 on success and 0 on failure. In case of error, errno is set to EINVAL: the value of ptr was not a pointer to a block previously allocated by one of the routines in the malloc(3) family. CONFORMING TO
The 3-argument version of cfree() as used by SCO conforms to the iBCSe2 standard: Intel386 Binary Compatibility Specification, Edition 2. SEE ALSO
malloc(3) COLOPHON
This page is part of release 3.53 of the Linux man-pages project. A description of the project, and information about reporting bugs, can be found at http://www.kernel.org/doc/man-pages/. 2007-07-26 CFREE(3)
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