Ouch! Judge Stewart denies the jury access to important evidence. at Robert Pogson

Two of SCOGs witnesses in SCO v Novell contradicted each other between testimony and deposition and Judge Stewart is denying Novell the opportunity to inform the jury of that contradiction. That seems unfair on its face. Novell moved for a mistrial and was denied that as well. You can follow the details on GROKLAW. I was beginning to think the judge was being even-handed but this seems outrageous. SCOG’s case is falling apart and Novell cannot show the obvious holes to the jury. The final instructions to the jury will be drawn up by Judge stewart after submissions by SCOG and Novell. With this apparent bias, there is a huge opportunity for unfairness to lead the jury astray. Perhaps this will correct itself in a sound finding by the jury but without all the relevant evidence they may not be advised to view SCOG’s foot-guns in perspective.

Let us hope that, if SCOG continues to shoot itself in the feet, the judge will be unable to subvert justice further. Novell still has the potential for an insightful decision based on what already has been heard and the SCOTUS can still pull the rug out from under this trial.

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My observations and opinions about IT are based on 40 years of use in science and technology and lately, in education. I like IT that is fast, cost-effective and reliable. I do not care whether my solution is the same as yours. I like to think for myself.

My first use of GNU/Linux in 2001 was so remarkably better than what I had been using, I feel it is important work to share GNU/Linux with the world. I have been blessed by working in schools where students and school systems have benefited by good, modular software easily installed in most systems.

I have shown GNU/Linux to thousands of students and hundreds of teachers over the years and will continue in some way doing that until I die in spite of the opposition.

2 Responses to “Ouch! Judge Stewart denies the jury access to important evidence.”

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1 Dann Mar 17th, 2010 at 12:50 am

From what I hear, SCO unix was actually really powerful. It’s a shame it was reduced to this, but I want to see it die. SCO being partially funded by Microsoft of late, I wonder if the judge bias has anything to do with them behind the scenes.
2 Robert Pogson Mar 17th, 2010 at 5:04 am

I suspect M$ was motivated to fund this to delay GNU/Linux emergence as an OS for business. Their purported need for it was to have a licence for an API in that other OS for UNIX applications but I think they already had such a licence resulting from their earlier work with Xenix. SUN also contributed, a black mark on their history. This all goes to show that a fool and his money are soon parted. Recent testimony by Darl seems to show that he was not even aware of Amendment 2 when he commenced this legal juggernaut.