Novell Moves for Judgment on Slander; SCO Moves to Limit Closing Argument
Novell moves for judgment on slander of title and damages:
Defendant Novell, Inc. ("Novell") respectfully moves the Court to grant judgment as a matter of law in favor of Novell because plaintiff The SCO Group, Inc. ("SCO") has failed to introduce legally sufficient evidence upon which a reasonable jury could find for SCO on its claim for slander of title. Specifically, SCO has not shown that: (1) Novell acted withconstitutional malice, (2) Novell's statements were disparaging, (3) Novell's statements were unprivileged, (4) Novell's statements were false, or (5) Novell's statements caused special damages. Moreover, SCO has failed to introduce sufficient evidence supporting an award ofpunitive damages.
Meanwhile, The SCO Group wants to limit Novell's closing arguments:
Plaintiff, the SCO Group, Inc., respectfully submits this memorandum of points and authorities concerning the proper scope of closing arguments. Specifically, documents and testimony that have not been admitted into evidence at trial should not be shown or read to the jury, such as the demonstratives used by Novell during the testimony of Novell's expert, Mr. Terry Musika. SCO also objects to any attempt by Novell to argue to the jury that Novell's assertion to ownership applied only to UNIX, and not to UnixWare copyrights, extant at the time of the APA. SCO further objects to any attempt to argue to the jury points contrary to questions of law that have been decided by the Tenth Circuit opinion in this case.
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)
