Language Selection

English French German Italian Portuguese Spanish

Novell Files Motion for Preliminary Injunction Against SCO

Filed under
Legal

Every time I almost finish the Ralf Flaxa Declaration as text, more filings, and again here we are with boatloads of filings in both SCO v. IBM and in SCO v. Novell. I'll show you the Pacer text, and I'll get the filings up as soon as I can.

Some news. First, the big news is, Novell has filed a Motion for Partial Summary Judgment or Preliminary Injunction [PDF] -- here's the Memorandum in Support [PDF]. Woo ha! Novell wants its money from the Microsoft and Sun Microsystems licenses. And IBM adds a lawyer to the team, Roger G. Brooks, a litigator, another partner at Cravath, like Marriott. Here's what Novell is asking for:

For the foregoing reasons, Novell respectfully requests that this Court grant partial summary judgment as to Novell's Sixth, Seventh, Eighth, and Ninth Claims for Relief and impose a constructive trust on the monies SCO received and improperly retained from the 2003 Sun and Microsoft Agreements. If summary judgment is denied, Novell requests in the alternative that this Court issue a preliminary injunction requiring an accounting and establishing a constructive trust.

Those claims would be for constructive trust, breach of fiduciary duty, conversion, and accounting, respectively. Is this fun or what?

Full Story.

More in Tux Machines

Android/ChromeOS/Google Leftovers

Games: SC-Controller 0.4.2, Campo Santo, Last Epoch and More

Android Leftovers

Ryzen 7 2700X CPUFreq Scaling Governor Benchmarks On Ubuntu Linux

With this week's Ryzen 5 2600X + Ryzen 7 2700X benchmarks some thought the CPUFreq scaling driver or rather its governors may have been limiting the performance of these Zen+ CPUs, so I ran some additional benchmarks this weekend. Those launch-day Ryzen 5 2600X / Ryzen 7 2700X Ubuntu Linux benchmarks were using the "performance" governor, but some have alleged that the performance governor may now actually hurt AMD systems... Ondemand, of course, is the default CPUFreq governor on Ubuntu and most other Linux distributions. Some also have said the "schedutil" governor that makes use of the kernel's scheduler utilization data may do better on AMD. So I ran some extra benchmarks while changing between CPUFreq's ondemand (default), performance (normally the best for performance, and what was used in our CPU tests), schedutil (the newest option), and powersave (if you really just care about conserving power). Read more