Novell's Reply in Support of Motion to Set Aside Judgment

 
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Old 01-22-2010
Novell's Reply in Support of Motion to Set Aside Judgment

Novell has filed its Reply to SCO's Opposition to Novell's Motion to Set Aside Judgment:
01/22/2010 - 619 - REPLY to Response to Motion re 608 MOTION to Set Aside Judgment filed by Defendant Novell, Inc.. (Brennan, Sterling) (Entered: 01/22/2010)

This is the motion to set aside Judge Dale Kimball's ruling that Novell is not entitled to any of the SCOsource money from Microsoft or from Linux end users like EV1, a decision based on his ruling that Novell did not transfer to SCO the Unix copyrights. Now that the ownership of the copyrights is back on the front burner and will go to trial in March, Novell would like the contingent decision also back up for grabs. Novell would like its 95%, and of course SCO would like to hang on to it. Not that SCO is any good at hanging on to money, judging from its history. SCO's argument was that Novell failed to appeal this point, so it's too late now. Not so fast, Novell replies. Rule 60(b)(5) "authorizes relief from a judgment based on a ruling that has been reversed even when the judgment was not appealed", and SCO admits that. And SCO's cited cases "are irrelevant", Novell writes.
Hey. It wouldn't be the first time.

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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)