July 20, 2004

Stupid Lawyer Tricks

Much fun in Groklaw today. Daimler-Chrysler is responding to SCO's motion to dismiss their motion for summary judgement, saying:

At bottom, SCO's arguments, though full of sound and fury, serve only to demonstrate that summary disposition should be granted.

SCO's lawyers trotted out their Director of Software Licensing, William Broderick, for an affadavit swearing "based on my personal knowledge" that he knew the intent of both parties signing the license agreement in 1988. The problem is, Mr. Broderick has only been in that position since 2003. He offers no statements that he was in any way associated with either ATT or Chrysler at the time of the signing, so I guess he's just channeling their spirits.

Naturally, Daimler is asking the court to throw out most of his affadavit since he is swearing to things he has no way of knowing (short of the supernatural, at least).

I am not a lawyer, but I am constantly amazed by the apparent stupidity and incompetence of the presentation of SCO's legal case. It's as if they actually want to lose. Maybe they do, but veeerrrrry slooooowly so the capos can scrape the most money off the bottom of this barge before it sinks.

Oh, notice that "sound and fury" reference? It's from Macbeth

And all our yesterdays have lighted fools
The way to dusty death. Out, out, brief candle!
Life's but a walking shadow, a poor player
That struts and frets his hour upon the stage
And then is heard no more; it is a tale
Told by an idiot, full of sound and fury,
Signifying nothing.

Told by an idiot, indeed.

Posted on July 20, 2004 12:14 PM