They played videos in court today, day 4 of SCO v. Novell's jury trial. SCO claims it has a surprise witness, like that surprises anyone that has been following SCO's legal ways. There was a dispute about that, but I gather it will happen eventually. And Novell has filed its notice that it has filed its Petition for Writ of Certiorari with the Supreme Court, asking them to take a look at what the Appeals Court did. We have the document now for you as well.

lord_rotorooter writes "Felix Ortiz, D-Brooklyn, introduced a bill that would ruin restaurant food and baked goods as we know them. The measure (if passed) would ban the use of all forms of salt in the preparation and cooking of food for all restaurants or bakeries. While the use of too much salt can contribute to health problems, the complete banning of salt would have negative impacts on food chemistry. Not only does salt enhance flavor, it controls bacteria, slows yeast activity and strengthens dough by tightening gluten. Salt also inhibits the growth of microbes that spoil cheese."

Read more of this story at Slashdot.

Mozilla is updating its license, and you can participate, just as you did in the GPLv3 updating process. It'll be going on for a while, until the end of 2010, in monthly stages, and each part of the schedule will only last one month, so I'm letting you know now, even though we are all riveted to Utah and the trial at the moment, so you can begin to think about it and maybe make use of intermissions in the Utah story.

Here's what the Salt Lake Tribune reports happened today at the SCO v. Novell trial, all of which it records as if it were all so. Let's see if it is, by comparing what is reported about the testimony with what we already know. Part of what Groklaw does is insist on checking facts. So, let's do that. And then I'll share with you what our reporter there today has to say.

FleaPlus writes "The White House has announced that on April 15 the President will be visiting Florida to host a conference on the Administration's 'new vision for America's future in space,' which is focused on developing new technologies and capabilities needed for sustainable exploration of 'the Moon, asteroids, and eventually Mars.' The White House's plans for reinvigorating NASA are facing vocal opposition from several congressmen in Florida, Texas, and Alabama, due to its outright cancellation of the Constellation/Ares program, which was found to be 'fundamentally un-executable' but is/was an important source of jobs in many areas."

Read more of this story at Slashdot.

Our scheduled reporter for Thursday and Friday is still a flu patient, and so we do need someone to cover Thursday's SCO v. Novell trial. If you can, please email me and I'll give you instructions. Trust me, you'll have fun. And the rest of us will be so grateful. Thanks!

Update: I'm just learning that the two reporters scheduled for today couldn't go after all. Medical issues. So hit the Paypal button, y'all. We'll order a daily transcript so I can at least tell you about what happened. It'll take a while to get it, so stay tuned, but no need to refresh every ten minutes or anything.

Hello Everybody,

I hope you guys are having a great time receiving the newsletter. I’m sure having a blast sending it out!

Obviously, as a cartoonist I like people reading it. So equally obviously, I want to grow the list.

In terms of growing it, I’ve got my own ideas, certainly. But then I thought to myself, maybe it would be more fun and interesting to reach out to you instead. This is “social media”, after all. And even though I’ve doing it for years, this “open source” stuff is still REALLY interesting to me.

So here’s what I’m asking: You guys receive the newsletter. You guys are a savvy crowd, and you will have plenty of opinions of your own.

So what do I need to change? What could I do better? How could I improve the layout? What new ideas or tools could I be using? And perhaps most importantly, what could I do to make it easier for you guys to share it with your friends?

If you’re already a subscriber, feel free to leave a comment below of send me your feedback at gvdailycartoon@gmail.com. Thanks a lot!

UPDATE: Since I first posted this an hour or two ago, the comments have POURING in below. Thanks, Guys, this is REALLY helpful!

["Texas", which I sent out in the newsletter recently. You can buy the print here etc.]

Tomorrow I head for Austin, for the annual 5-day drunken orgy that is South By South West Interactive. Here are some thoughts:

1. SXSW is the only “MUST ATTEND” event on my calendar. It’s the one show I never miss, ever. Unless you’ve already been, it’s hard to convey JUST HOW MUCH more fun, interesting and full of business opportunities it is, compared to other shows. I can’t emphasize enough, if you’re into the Internet, just how much you’re missing out if choose not to attend. Sure, the price of going [entry fee, plane fare, hotel bill, taxi rides etc] might be quite daunting for some of us, but compared to the business and networking you could EASILY end up doing there, that cost is minuscule.

2. So you thought last year was crazy? Last year had ten thousand attendees. I heard on good authority from somebody inside the org that this year’s numbers have doubled. Hope you got a good hotel booking.

3. I’m on a panel on Monday. I hope you’ll come see us. All the other panelists are good friends of mine, so it should be fun…

4. I’ll be signing books. Barnes & Noble will have a little micro store on the fourth floor of the convention center, selling books written by some of the attendees. I’ll be there to sign copies of “Ignore Everybody” on Monday, March 15th at 5.20pm. My signing will last for 30 minutes.

5. Free Booze! Free Sex! A lot of companies sponsor parties, so as long as you have a pass, it’s pretty easy to go the entire five days without ever paying for a single drink or meal. Plus with all the young singles everywhere, everybody’s trying to get laid. X-thousand geek twenty-somthings trying to hook up en masse is pretty entertaining to watch. By Sunday or Monday everybody’s a basket case. Which is why the veterans are always telling the newbies, “Pace Yourself”.

6. Creating an island of calm in a sea of bodies. It’s going to be a madhouse this year, so to make ourselves easier to find,  gapingvoid has hired a trade show booth for the event. If you want to meet up, that’s where you can find me. I’ll be selling art, doing business, signing drawings and exchanging business cards. My focus this year will be much more about business, than my usual hallway wanderings.

7. I’m better organized, this time. Pretty much all the parties and events I’m planning to attend are already in my calendar. In past  years I just turned up and went with the flow. It was exhausting after about three days. Never again.

8. Follow me on Twitter if you want to see what I’m up to on the day. Heck, that’s what everybody else uses, too.

9. SXSW makes me proud to be Texan. I’ve seen this a lot: People come to Texas for the first time to attend SXSW, and “fall in love with the barbecue”. Texas has always been a very misunderstood State, if you ask me. SXSW does a great job of helping to fix that, at least with my crowd.

I know we are all riveted on Utah today, but take a moment, please, because this is important. Jonathan Schwartz, formerly CEO of Sun, has a personal blog, What I Couldn't Say ..., where he has begun to tell us what he couldn't tell us before about events during his tenure there. He has a interesting tale to tell about Bill Gates and Steve Ballmer asking Sun to pay patent royalties to Microsoft on ... OpenOffice.

Would it surprise you to find out that it turns out that apparently one of the jurors might be related to one of SCO's prior corporate officers? At any rate they have the same last name, and Salt Lake City is a big place, so perhaps not. Novell noticed the similarity in names, according to our reporter today, MSS2, only after jury selection was over.

MSS2 has just sent me his first report of day 2 of the jury trial in SCO v. Novell, with more to come. Today was opening arguments by both sides. And we have lots more goodies for you from two eyewitnesses, MSS2 and Tilendor. We begin with SCO's opening argument by Stuart Singer. All I can say after reading it is maybe you needed to be there. Or SCO must be a slow learner or Mr. Singer never reads Groklaw, or ... well, see what you think.

The parties are still going back and forth over pre-trial issues, specifically over the jury instructions and the verdict form. We may see even more on this, because jury instruction and the verdict form come at the very end, so there is still time to try to get it just right. Not that either side will be entirely happy with the result. SCO, of course, wants the last word.

But in truth, the wording of these documents does matter a lot, so it's typical to have quite a lot of discussion on exactly how to phrase things. After all, when the jury is deciding, they will be reading that wording, and going over it with a fine-tooth comb on any issues where they don't immediately agree, most likely. You've seen what a mess the unclear wording in the appeals court ruling created, so imagine if the jury were to be confused into thinking they *have* to rule a certain way if they actually don't, based on a misreading of an unclear phrase.

I thought it was funny yesterday that the parties couldn't come up with a proposed introduction to give the judge to read, so he wrote his own, and when they handed up one they'd finally been able to agree on, he decided to just use his own anyway. It was too late. I expect that incident was inspirational to both parties. And as you'll see in a minute, they are really trying on the jury instructions, with Novell putting the model instructions and both parties' competing phrasing all in one document, so the judge has it all in one place. And then Novell says SCO wants to file its own also.

["Hugged", which went out earlier this morning in the newsletter. You can buy the print here etc.]

These days I’m finding myself writing less about my usual sex/angst/alienation shtick, and more and more about business and entrepreneurship, hence the cartoon above. As my interests evolve, so does the subject matter. It’s really that simple.

I want to draw cartoons that entertain people, sure, but perhaps more importantly, I want to draw cartoons that push people in the right direction; the direction they wanted to go in, anyway.

That’s what all my favorite artists have always done for me, after all. Their work always gave me a wee nudge etc. I’m just trying to follow their example.

Whether we’re talking Rembrandt, Shakespeare, The Rolling Stones, Charlie Brown, or the unknown graffiti artist from the wrong side of the tracks- that’s what “Art” is really all about, at the end of the day. The Wee Nudge.

And even if you’re not an “Artist” per se, whether you’re a techie, salesman, consultant, plumber or whatever, surely the work you do should somehow give people that same “Wee Nudge”, in your own unique way? If not, what’s stopping you? What’s stopping anybody?

I think it’s career suicide not to, frankly…

KarmaMedia is a communications shop in Hungary. As it was first explained to me:

Karmamedia is a communication shop with an emphasis on P.R.  (whatever that is), and on doing things online (wherever that is).
We started out as a blog three years ago, working at various big agencies, and jumped ship to become independent and happy about six months ago.

Our name was selected intuitively because it sounded good and because the guy who started it all wanted to use a picture of Buddha sitting with a notebook – but since then we found a fitting explanation for it: online, what goes around comes around. We don’t believe in karma in the religious sense but we do know it exists online – Google makes sure of this. So we try to help companies do good and meaningful things and make sure these things get noticed.

To celebrate their six-month anniversary, they threw a big party. The local trade press gave it nice coverage. They commissioned me to draw something for the event. I think the motif of “Karma” pointing to itself, a play on the Eastern symbol of the eternal snake eating itself, worked out well. Straight and to the point.

Thanks to Balazs Lovenberg and his colleagues for such a great assignment. I had a lot of fun. Rock on.

[Commission your own Cube Grenade. The Cube Grenade archive is here.]

This one is called “The Intense Longing”. The latest from the “Moleskine” series [Click here to enlarge etc].

Friday night I was in Marfa, hearing my favorite local band, The Doodlin’ Hogwallops, play a gig at Padre’s. Because I was driving, I wasn’t drinking any alcohol, so I just stuck to black coffee the whole night.

Once the caffeine started kicking in I got out my drawing pen…

“Longing” is a lovely idea to wrestle with, because from the moment we become sentient beings, our lives are utterly saturated with it.

The longing to be closer to God. The longing to be closer to Nature. The longing to feel more alive. The longing to love and to feel loved. The longing for truth, beauty, goodness, sex, experience, poetry, art, strength, music, friendship, family, affection, desire, magic, power, laughter, joy, meaning, resonance…

It never goes away, no matter how smart, sexy, witty or successful we become. It’s the broth we spend our whole lives stewing in: The longing to touch that which can never be touched.

Which is why I think it’’s a REALLY good idea try to express it somehow, even if the results will be invariably mixed…

RABarnes writes "Scientific American has posted an article about the political efforts of natural gas and electric utilities to limit the growth of wind-generated electricity. Although several of the points raised by the utilities and carbon-based generators are valid, the basic driver behind their efforts is that wind-generation has now successfully penetrated the wholesale electricity market. Wind was okay until it became a meaningful competitor to the carbon dioxide-producing entities. Among the valid points raised by the carbon-based generators are concerns about how the cost of electricity transmission are allocated and how power quality can be improved (wind generation — from individual sites — is hopelessly variable). But there are fixes for all of the concerns raised by the carbon-based entities and in almost all cases they have been on the other side of the question in the past."

Read more of this story at Slashdot.

My, if we think we're having trouble keeping up, how'd you like to be Judge Ted Stewart? Or Sterling Brennan, for that matter? So many filings already, and more today. Proposed exhibit and witness lists, a Memorandum of Authorities Regarding Excusing Potential Jurors Having Knowledge Pertaining to this Dispute -- the one I'm going to read first -- and another responding to SCO's Objection to Board Minutes and a letter from Brennan to the court. And then one more motion in limine denied. Judge Stewart has denied Novell's motion asking for a further, and broader, ruling on its already successful motion in limine #4. He views is as rearguing a point Novell lost already in the denied Request for Judicial Notice of Prior Factual Findings, and he's not going to change his mind. Of course, that's what appeals are for. And now Novell is fully positioned.

Happily, cpeterson was able to attend this morning's session.

Update: It looks like that will be all the news for today. They are keeping the public in the hall mainly, to fit all the prospective jurors in, so unless there is something unexpected, tune in tomorrow.

Also, I see questions about what's hearsay within hearsay and things like that, so here are all the Federal Rules of Civil Procedure -- meaning the rules you follow for civil trials in federal district courts, and you'll find every other kind of applicable rule linked on the Utah District Court's Rules page. There are local rules as well, and then judges have their preferences, if you recall the judge's marching orders the other day. If you dig and learn something interesting, please share it in your comments. Thanks.

VJ42 writes "With the 2010 UK general election fast approaching, the Pirate Party of the United Kingdom will be fielding elections for the first time. The Digital Economy bill and ACTA are hot topics for UK geeks, and the Pirate Party is looking to pick up some votes. Their leader, Andrew Robinson, has agreed to answer your questions. Normal Slashdot interview rules apply."

Read more of this story at Slashdot.

Novell has asked the Court to rule further on their Motion in Limine No. 4 [PDF; text]. The Court had previously issued a ruling [PDF] granting that Motion, but Novell now asks for further ruling, stating that "[t]he Court addressed this issue solely in the context of SCO's covenant of good faith claim. However, Novell's motion covered all of SCO's claims, including slander of title. The Court's prior ruling did not expressly address other claims, so Novell requests the Court to rule on the issue that was left open by its prior order."

SCO's Chapter 11 Trustee Edward Cahn bragged at Friday's bankruptcy hearing that he had won all the Daubert motions and most of the motions in limine in Utah. However, Judge Stewart has just reversed himself with regard to Novell's Motion in Limine No. 2 and No. 3 and has now granted them.

If you look at the chart we've prepared you can see that and if you do the math, you'll see that Novell was denied on six of its motions in limine, but it won on five, and in won in part and was denied in part on 8.

It also wouldn't be true to say that SCO won all its motions in limine. SCO was denied without prejudice on one, denied outright on another, denied in part and granted in part on one, granted on two, and one was taken under advisement. SCO did prevail in the three Daubert motions. Just setting the record straight.

In reversing himself on Novell's two motions in limine in his recent order [PDF], I think he made a mistake in describing Novell's press releases, however. It's fundamental to what exactly are the disputed copyrights. So I thought I'd take the time to explain.