What is the fuss about Otis Wilson?

walterbyrd

August 17, 2006

Why does scox want to question the guy? To try and discredit him?

1:45:23 PM


Re: What is the fuss about Otis Wilson?

ruidh

August 17, 2006

Just look at all the ranting Biff has done against Otis Wilson and you might have some idea that they are very afraid of what he might have to say. Specifically, he can testify to wha the parties meant when they negotiated SOFT0015. Specifically, that the parties never intended the interpretation that SCOX is trying to give to those contracts today.

2:00:38 PM


Re: What is the fuss about Otis Wilson?

erp_expert

August 17, 2006

Given that Wilson has already shown the ability to keep his head when pestered by laweyers (as did all the ex-Murray Hill guys), that would seem to be to be a reason NOT to depose him again.

ERP Expert

2:09:21 PM


Re: What is the fuss about Otis Wilson?

monsieur_bobo

August 17, 2006

[that would seem to be to be a reason NOT to depose him again]

I don't think they have a lot of choice. If tey can't shake Wilson loose from his previous deposition, they have lost since there is exactly nobody in position to know that intreprets the contracts the way SCO needs them to be interpreted. Mitzi Bond doesn't count; she wasn't part of the IBM or Sequent contract negotiations. Everybody that was, including Wilson, says that SCOX is full of it, so they don't have anything to lose.

That said, I don't think it helps even if they could get some sort of admission out of Wilson. The court is going to intrepret the word 'derivative' as meaning some work which includes part of the licensed product. They aren't going to redfine the term 'derivative work' just so SCOX can have a case. If they do that, by the plain langage of the contract, SCOX doesn't have a case, and whatever Wilson thinks now would be irrelevant.

Of course, IANAL.

4:24:25 PM


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