[Talk] Re: LinuxTag.de sicks lawyers on SCO Gmbh. over Linux code claims

Jeremy Malcolm Jeremy at Malcolm.id.au
Tue May 27 09:58:05 EST 2003

On Tue, 2003-05-27 at 07:41, Chris Samuel wrote:

> Quick question - what's an ex-parte injunction ?  I know "ex-parte" means "for 
> one party" in Latin, but what does it mean in legal terms ?

It means the injunction is sought in the absence of the other party,
usually due to urgency or because the purpose of the injunction would be
defeated if the other party knew about it.

BTW I sent another email to these lists but I mis-spelled
talk at auug.org.au as task at auug.org.au, so here is another copy of it:

On Mon, 2003-05-26 at 18:30, Jeremy Malcolm wrote: 
> > > Maybe a statement quoting some comments made by some of our people,
> > > and then supporting them and extrapolating slightly is better
> > 
> > Certainly! Care to make a quotable statement? (-:
> > 
> > Actually, one sound-ish bite each from you, Jeremy and Grog (Presidents 
> > all) would be a good foundation for a release.
> I am going to write something proper about all this, although I'm trying
> to write a submission on ACCC's Internet interconnection enquiry at the
> same time, hence my apparent slackness.  You could use this as a soundbite
> I guess, or edit it to suit:
> "Vice Chairman of the Society of Linux Professionals (WA), Jeremy Malcolm,
> states, 'Much like British Telecom's recent failed patent enforcement
> claim in which it sought royalties for the use of hyperlinks on the Web,
> SCO's lawsuit against IBM is an opportunistic attempt to cash in on the
> burgeoning success of an operating system that has proved more popular,
> better-supported and more innovative than SCO's own.  In a disingenuous
> and hypocritical claim built upon a succession of documented factual
> errors, SCO has risen to the forefront of those companies willing to
> employ fear, uncertainty and doubt as their primary weapons in the
> competitive race.  It is only to be hoped that SCO's legal argument will
> be demolished like the house of cards that it is before too many
> corporate users of Linux are unnecessarily driven to adopt inferior
> operating systems.'"

JEREMY MALCOLM <Jeremy at Malcolm.id.au> Personal: http://www.malcolm.id.au
Providing online networks of Australian lawyers (http://www.ilaw.com.au)
and Linux experts (http://www.linuxconsultants.com.au) for instant help!
Disclaimer: http://www.terminus.net.au/disclaimer.html. GPG key: finger.

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