|Authored by: newbury on Thursday, August 09 2012 @ 01:56 AM EDT|
|Brings this to mind!|
The Black Knight.... t'is but a scratch!
Arthur: No its not. Your arm's off.
BK: No it isn't!
Arthur: Then what's that?.....
BK..... Right, Iíll do you for that....
BK..... I'm invincible!.
Arthur You're loony!
BK Running away, eh? You yellow bastards! Come back here and take what's
coming to ya! I'll bite your legs off!
And with SCO the bark was always worse than the bite!
Returning to reality. In Chap7, doesn't the trustee HAVE to liquidate the
assets? And aren't the ONLY assets the claims in the actions? (Kinda hard to
call the status of being defendant to a counterclaim by IBM an *asset*!).
So what happens if the trustee DOES put the assets up for sale? The Novell
action is dead (another Python script jumps to mind!). The Court of Appeal will
not overturn a trial finding again. The IBM action is stayed, but since the
claim IS the asset, it would be efficient and proper to unstay the action, and
force it to trial. And if the claims are put up for sale, I don't think IBM
would buy them in. It *WANTS* a trial decision on the facts. If the claims are
not sold, Boies is still on the hook to fight! IBM would love to grind them, I'm
sure. And if the claims ARE sold (to Yarro of course!), I think that Boies would
be off the hook! Their contract is with SCO and that contract is a different
thing than the action claim. But breaching that contract would cause no damage
to SCO. If Boies repudiated, there is no damage, since SCO could no longer win
the 'fantastical pot-o-gold-at the end of the rainbow'! How fitting it would all
be. And Boies amoral heart would be exposed by the repudiation. How fitting that
Boies might be forced to fight a trial they know they will lose, because NOT
fighting it will show that *they* are the yellow bastards!
A consummation devoutly to be wished!
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