June 23, 2015
SCO and IBM met with Judge Nuffer for a status meeting on June 11, and the Minute
Order is now available at the usual location. These "minutes" are distributed in
the form of messages on the Docket, without any ancillary documents. Rather unusually,
several important decisions were made by Judge Nuffer that greatly impact the future
proceedings in the case.
1. Back in 2007, after Magistrate Wells had denied SCO's Motion on Spoliation, SCO submitted two filings - one a Motion to Reconsider [IBM-1009], to be heard by Judge Wells, and the other an Objection [IBM-1002], to be heard by Judge Kimball. SCO has now decided to drop the Motion to Reconsider and go ahead with just the Objection.
This is a serious blow to our popcorn entertainment. The Motion to Reconsider is the one that had declarations from Marc Rochkind and Evan Ivie. These declarations are the ones that described the properties of "Magical Sandboxes" - how, unlike CMVC, "A PROGRAMMING ENVIRONMENT or sandbox is the ONLY place where the progression of code drafts can be viewed, from the initial VERSION to subsequent VERSIONS" - not withstanding that Fred Frei had previously told Judge Kimball that "CMVC is an IBM program, database system, and it ... contains ALL the VERSIONS of AIX, EVERY VERSION ... it contains the WHOLE HISTORY."
2. There is this short statement: " and  will be resolved first." These are IBM's motions for SJ on the Unfair Competition and the Interference claims. Looks like Nuffer will hold all Motions for SJ on IBM's counterclaims in abeyance for now.
Addendum - Many thanks to PJ for posting these updates and for all the editing of them that was done so as to keep GL alive and useful.
Source: Investor Village SCO Board [ http://www.investorvillage.com/smbd.asp?mb=1911 ]