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Old 12-18-2005, 01:16 PM   #1
LXer
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LXer: SCO Loses Again - Kimball Affirms Wells' Order!


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Judge Kimball rules that Wells didn't make a mistake (Cf. why I thought she didn't make a mistake). She heard SCO, Kimball in effect says, and she "properly denied" them. The word properly means SCO can give up asking for Linux non-public materials. They'll just have to climb their ladder theory without it. Or they might just try browsing on the web and find the materials for themselves. Linux is developed in public. Even if the Magistrate Judge hadn't specifically mentioned having read everything SCO and IBM submitted, Kimball writes, and even if she hadn't ruled on SCO's alternative request by giving them some of the Linux materials they were asking for (the materials IBM volunteered at the hearing), she at least implicitly had ruled on the request, and anyway "a denial of a motion is routinely construed to encompass all requests made in that motion."

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