OK. I'm kidding around. It's probably just a form letter, not directed particularly to Boies or any other lawyers cc'd on the letter. It's from the Clerk of the Court of the Appeals Court for the Tenth Circuit. It's full of instructions, which will show you why appellate practice can be very annoying and why it costs you even if you paid your lawyer already ("In addition to the docketing statement, all transcripts must be ordered within 10 days of the date of this letter.... An original and 7 copies of briefs must be filed.") Given the history, you'll have to forgive me for smiling when I read the following:Motions for extensions of time to file briefs and appendixes are not favored and will not be granted unless they comply with 10th Cir. R. 27.3. They don't know the Boies Boyz like we do, huh? Well, time will tell who wins that battle. My money is on the BBs. Meanwhile, the letter answers a question I had, which is that in their opening brief, which must be filed soon ("within 40 days after the date on which the district clerk notifies the parties and the circuit clerk that the record is complete for purposes of appeal"), SCO can appeal any "appropriate" aspect of the case they want to, as they are not limited to the very brief notice of appeal. So, even though they only mentioned by name the August 2007 order and the final judgment, they can bring up the July 2008 decision and the decision on the earlier Novell motion to have a trial before only a judge, not by jury. So, this letter tells us where to find answers to our questions too.

Apple has filed a motion to amend its complaint [PDF] to add a claim of violation of the DMCA, among other new and enlarged claims. Here's the proposed Amended Complaint [PDF]. So, not only have all of Psystar's counterclaims been thrown out, but now it faces new claims. But here's the big news. Apple alleges that it believes there are corporations and/or individuals behind Psystar, who may be added as defendants once Apple in discovery finds out who they are. Woah. Here's the new paragraph that made my eyes bug out: 18. On information and belief, persons other than Psystar are involved in Psystar's unlawful and improper activities described in this Amended Complaint. The true names or capacities, whether individual, corporate, or otherwise, of these persons are unknown to Apple. Consequently they are referred to herein as John Does 1 through 10 (collectively the "John Doe Defendants"). On information and belief, the John Doe Defendants are various individuals and/or corporations who have infringed Apple's intellectual property rights, breached or induced the breach of Apple's license agreements and violated state and common law unfair competition laws. Apple will seek leave to amend this complaint to show the unknown John Doe Defendants' true names and capacities when they are ascertained. So, Apple apparently believes that somebody else is behind Psystar, which might help to explain why a major law firm would take on what seems like a fly-by-night's case; also why Psystar has been so bold in continuing to sell its products. I knew this thing felt funny. As Alice in Wonderland might put it, "It gets interestinger and interestinger."

The good education of youth has been esteemed by wise men in all ages as the surest foundation of the happiness both of private families and of common wealth’s. Almost all governments have therefore made it a principal object of their attention. To establish and endow with proper revenues, and seminaries of learning, as might [...]

Analysis on balance - Standardisation and Patents - by Georg C. F. Greve FSFE, President This paper provides an analysis of the interaction of patents and standards and finishes with some concrete proposals to address the most pressing issues. It was written under the assumption of very little background knowledge, and therefore provides some of the background necessary to understand the issue. An expert in the field should be able to skip the Background section. Introduction Software patents have been a hugely controversial debate, with lines of battle drawn primarily between large corporations holding large patent portfolios and engaged in multiple cross-licensing deals, and the Have-Nots, entrepreneurs, small and medium enterprises, and software users from the student using GNU/Linux all the way to institutional users in governments. This debate got a lot quieter with the rejection of the software patent directive in 2005. Its place in the headlines was taken by other debates, such as standardisaton. Open Standards have been a buzzword for years, but never has this term been discussed more intensively. On Wednesday, 19 November 2008, both debates met in Brussels at a workshop titled "IPR in ICT standardisation", although "Patents in ICT standardisation" would have been a more suitable name because the discussion was exlusively about the interaction of patents and ICT standardisation. Patents and standards are fundamentally at odds, so many people call for a balance between patents and standards. This article comments upon the workshop and explains why standards should prevail over patents at least in the area of software.

I found a treasure on YouTube. Harvard's Berkman Center for Internet & Society has a channel on YouTube now. And they held a conference in September on the US antitrust trial against Microsoft, collecting many of the players in that famous litigation, including David Boies. So it's your opportunity to see him in action. As usual, he's impressive. I think you'll find his explanation of trials as morality plays intriguing. He talks about highly technical trials, and how the judge finally has to decide who he believes, based on credibility. In the SCO context, I'd say that might not be a winning strategy. : D Microsoft's general counsel, Brad Smith, was there too, although he wasn't at Microsoft at the time, but he is refreshingly candid about that trial, saying you can't put lipstick on that pig. He goes on to talk about his efforts to start a new chapter for Microsoft, which I found interesting in that it provides some context into Microsoft's efforts to be less obviously horrible about interoperability, even if you view what is said with one cynical eye open. In any case, fairness alone would cause me to mention it to you. Truth is complex and multi-faceted, and it's really fascinating stuff.

How many people here practice Bujinkan Budo Taijutsu and what experiences have you made so far? Is it a martial art you would recomment and, if so, why? Also, can somebody explain to me the semnatic difference between Bujinkan and Ninjutsu? I've been looking for the "right" martial art for myself for years, and Bujinkan looks interesting. I'd like to learn a feasible form of self defence, no fancy kicks but something that actually works, in case I ever need it (which I hope I won't).Any input is welcome. Thank you!

American consumers can expect greater economic hardships as Venezuela, Iran, and China help determine America's financial destiny.

Me again =] Recently, I've found myself looking down whilst training, a habit which I'd managed to get out of after about a year of training. It seems to have resurfaced, however, probably due to slack training in the holidays I think (I keep watching my feet when I train on the beach, as I lose my footing a lot, and I train there a lot more in the hols). Sometimes I end up with my head down at the end of the technique, and sometimes it's a look down quickly in the middle of the technique. Does anyone have any ways of getting out of this, other than the time old pick-a-spot-on-the-wall(-and-glare-at-it-til-your-stare-burns-a-hole)? Thanks, and thank you to everyone who commented on my last post.x-posted to girlfighters 

Well, Fellow Road Warriors, Short and sweet, very SHORT. Come grab some endorphins Saturday morning at 5:50 a.m. That way you will have room for just one more bite of turkey or pumpkin pie Saturday afternoon. Mileage will be chef's...

I was trying to figure out how to explain to you all that is involved in the case of the U.S. v. Lori Drew, the cyberbullying case that so many lawyers are expressing concerns about. I felt I needed a lawyer to explain it, but where would I find one who felt like doing some unpaid work, and over the Thanksgiving holiday to boot? Then I had a brainstorm. I could show you the amicus brief [PDF] submitted in the case by the Electronic Frontier Foundation, the Center for Democracy and Technology, and Public Citizen, which was also signed by "14 individual faculty members listed in Appendix A who research, teach and write scholarly articles and books about internet law, cybercrime, criminal law and related topics at law schools nationwide". Appendix A is at the very end. If you look at the list, you'll see that it's some of the finest and most knowledgeable lawyers and law professors specializing in cyberlaw. The brief was written by Jennifer Granick of EFF and Philip R. Malone of Harvard Law School's Berkman Center for Internet and Society's Cyberlaw Clinic. I think when you read it, it will turn your hair white. It did me. In fact, I don't think it's overstating it a bit to say that unless this case is overturned, it is time to get off the Internet completely, because it will have become too risky to use a computer. At a minimum, I'd feel I'd need to avoid signing up for membership at any website, particularly MySpace. Why particularly MySpace? The Times Online has their statement: MySpace, which is a division of News Corporation, owner of The Times, said in a statement that it "respects the jury's decision and will continue to work with industry experts to raise awareness of cyber-bullying and the harm it can potentially cause." If it respects this decision, I don't feel safe there. I didn't even want to visit its web site to try to find its terms of use. But according to this article, MySpace gets to be the one that decides if we've violated their terms: MySpace users agree that the social networking site has the final say on deciding whether content posted by users violates a long list of regulations contained in the agreement.There is no recourse. They make the law and if you mess up, you go to jail. You used a computer, after all, didn't you, and their server isn't yours, and if they say you have violated their terms, you have. I'd also never upload anything to YouTube, and I wouldn't use anyone's blogging software. I'd definitely stay out of the Cloud, because I don't own those computers either, leaving me open to Computer Fraud & Abuse Act allegations, which is what Drew was charged with. In short, it'd be time for me to just pack up and leave, if this verdict stands. If you think EULAs were bad, imagine after this ruling if they can be tied to the CFAA. Do you think it'll be long before folks are tossed in jail for defining fair use in ways a copyright owner doesn't like? Would Microsoft hesitate to criminalize its EULA terms? You think? You trust?

The clerk that handles sending on notices of appeals for the US District Court for the District of Utah has sent SCO a letter, letting it know that the notice of appeal has been filed with the US Court of Appeals for the 10th Circuit and providing SCO with instructions, including to download the rules and forms from here. Just read the letter, and you'll immediately understand what appeals are like. This is just the beginning, of course. SCO has to do a lot more than file a notice of its appeal. Next the SCO lawyers have to tell the Court of Appeals exactly what they think was decided wrongly at the lower court level. I would guess that was mostly written some time back, beginning in August of 2007, with refinements added after July of 2008. Really, lawyers plan the appeal from day one, as far as strategy goes. So much paper. So many picayune instructions. So much is at stake, and all of it depending on your lawyer getting every detail just right. To me, reading the instructions is a lot like reading IRS tax booklets, but without the refreshing illustrative examples. It's a legal specialty, actually, doing appeals, because not everyone can stand it.

It is the duty of every person to render to the Creator such homage, and such only as he believes to be acceptable to him. This duty is precedent both in order of time and degree of obligation, to the claims of Civil Society. Before any person can be considered as a member of Civil [...]

I'm very proud to present the first in a series of trailers from LovioWingChun.com to see if there would be any interest in a series of teaching DVDs.Most of it is improvised and all of it was filmed in real time. I would be very interested to hear people's impressions and opinions, or any questions anyone might have.

A quick message this week to wish everyone a Happy Thanksgiving! If anyone is running the Turkey Trot in Clearwater – I’ll be running an easy 10K so let me know where we might meet up. This race is celebrating...

I discovered an outstanding running calculator on this site: http://www.mcmillanrunning.com/mcmillanrunningcalculator.htm They produce a very readable and printable report of “equivalent” times for various distances and training intensities. Check it out!

It's the season to be flatered and swindeled!

SCO has filed a notice of appeal in the SCO v. Novell litigation, as they said they would: 567 - Filed & Entered: 11/25/2008 Notice of Appeal Docket Text: NOTICE OF APPEAL as to [377] Order on Motion for Partial Summary Judgment,, Order on Motion for Summary Judgment,,,,,,,,,,,,,,,,,,,,,,,, [565] Judgment filed by SCO Group. Appeals to the USCA for the 10th Circuit. Filing fee $ 455, receipt number 10880000000000796676. (Hatch, Brent) Here's the website for the US Court of Appeals for the 10th Circuit, which is where we are headed. You'll see at the bottom of the page a link to download some of the initial paperwork that SCO's attorneys are filling in these days, along with instructions. If you read the instructions, you'll get a taste of what appeals are like. It's below the notices about the resignation of one of the judges after allegations of judicial misconduct. There is also a link for a PDF of instructions for filing a petition for review. Here are the Rules and Forms and 2008 Federal Rules of Appellate Procedure and Tenth Circuit Rules (F.R.A.P. effective Dec. 1, 2007; 10th Cir. Rules effective Jan. 1, 2008). The answers to many of your questions about process and what happens in an appeal are in there.

The mobster traits of a government with Bush and his congress at the helm

HAPPY THANKSGIVING to ALL !!!! I want to wish each and every one of you a Happy Thanksgiving. I will not be in TT this weekend. I will be up at the Lake House. It is low mileage so come...

The SCO bankruptcy plods right along. I predicted that the SCO bankruptcy hearing on SCO's First Omnibus Objections to Claims would be short, sweet, and simple, and the minutes of the hearing [PDF] indicate that is exactly how it went. We'll know more when the transcript is made public, but the only interesting detail I see in the rubber stamp session is that IBM sent a lawyer [PDF] to observe, presumably. What it means is that those who did not bother to respond to the objections just had their claims disallowed and expunged [PDF]. Also, Tanner got anointed for its new assignment as accountants to SCO. Is Tanner not the luckiest accountant firm in the world, or what? And the stay has been lifted [PDF] so that the IPO plaintiffs can go forward with that litigation against SCO, subject to the terms agreed upon, that any damages award against SCO will come exclusively from the insurance company and not the bankruptcy estate.