Declaration of Tor Braham - the lawyer for Novell who drafted the APA
Saturday, April 21 2007 @ 10:00 PM EDT
I don't want you to have to wait for the text of Tor Braham's declaration [PDF]. This Declaration is attached to Novell's Motion for Summary Judgment on SCO's 1st Claim for Slander of Title and 3rd Claim for Specific Performance [PDF] which you'll find explained, along with all the exhibits that go with this Declaration here.
And what exhibits! These attorneys and former attorneys for Novell are positive magpies. Not only did former in-house counsel Allison Amadia keep a copy of Santa Cruz lawyer Steve Sabbath's first draft of Amendment 2 to the APA dating back to 1996, but now we find that Tor Braham, Novell's outside counsel who drafted the APA, has kept his own first draft of it, red lined and all, from 1995. Braham was the principal drafter of the APA, and he explains a lot of things we've wondered about for a long time.
That's lawyers for you. They figure out what is the worst case scenario possible, and then they act to prevent it. But this is still quite impressive, as we watch him pull out original documents from ten years and more ago. I doubt very much that SCO expected anything like this. [Update: We have it now as text, thanks to Groklaw's The Cornishman.]
[...]
SCOX is up at the moment. ?
Cheers,
Scott.