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[News] SCO's Death Story Brings Up Important Questions

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SCO What? It's Patently over for Copyright

,----[ Quote ]
| Since then, SCO has seen its revenue fall, and blames the losses on 
| competition from Linux. It sued Novell after Novell claimed it and SCO owned 
| the Unix copyrights.  
| But in August of 2008, Kimball granted Novell's request for summary judgment. 
| After a trial, he also awarded Novell about $2.5 million, plus interest in 
| licensing revenue.  
| What's interesting is that unlike six years ago, nobody thinks that SCO 
| stands a chance; even more tellingly, nobody is even *interested* any more. 
| SCO is fighting a zombie case: it's dead but somehow still moving.  
| One service that SCO has done to the open source world is demonstrate finally 
| and irrevocably that there is no copyright infringement in Linux – because if  
| there had been, SCO would certainly have found it by now.  


SCO's Appeal Brief, as text, and Something Odd

,----[ Quote ]
| Here's SCO's appeal brief [PDF] in  SCO v. Novell  as text. The Salt Lake 
| Tribune has an article on the filing, of course. 
| I wanted to highlight something odd I stumbled across going through old 
| documents, something I never noticed before, that relates to one of SCO's 
| allegations. In SCO's appeal, you find this statement:  
|     Within two hours of Novell's public claim that it owns the UNIX 
|     copyrights, SCO's stock plummeted, even though SCO had announced record 
|     revenues that day.   
| I'm not sure that is accurate. According to what I've found, as I'll show 
| you, Novell put out a press release early in the morning, apparently even 
| before the market opened, and yet IDG reported that same day that the stock 
| at mid-morning was trading *up* by 3.33%.   
| By the end of the day, the stock was down, for sure, but what made it happen? 
| We can only guess. SCO also put out a prepared statement in the morning, 
| almost immediately after Novell's, and then at 11 AM, SCO held a conference 
| call. If the stock went down by the end of the day, who is to say that it 
| wasn't the conference call that caused it? Or SCO's prepared statement, for 
| that matter? Or some combination of all of them? What is SCO's basis for its 
| claim that it was Novell's statement that caused the stock to "plummet"? At 
| any rate, piecing together all the evidence I have collected, I am unable to 
| confirm that the stock plummeted within two hours of Novell's statement, and 
| I see indications that it didn't happen that way. I will show you what I 
| found so you can draw your own conclusions.          


"On the same day that CA blasted SCO, Open Source evangelist Eric
Raymond revealed a leaked email from SCO's strategic consultant Mike
Anderer to their management. The email details how, surprise surprise,
Microsoft has arranged virtually all of SCO's financing, hiding behind
intermediaries like Baystar Capital."

                --Bruce Perens

"Microsoft hardly needs an SCO source license. Its license payment to
SCO is simply a good-looking way to pass along a bribe..."

                --Bruce Perens


SCO to file bankruptcy plan tomorrow

,----[ Quote ]
| After a great deal of courtroom drama and mounting legal
| fees, the SCO Group is expected to file its Chapter 11
| bankruptcy plan in court tomorrow.
| Jeff Hunsaker, SCO’s president, wouldn’t provide exact
| details of the plan, but he said the reorganization will
| hopefully help the company come out of Chapter 11
| bankruptcy, which the company filed for in September 2007.


New Filings -- Novell's bill of costs

,----[ Quote ]
| You'll see that SCO, despite telling the media yesterday
| that it would file a plan today, meeting the December 31st
| deadline set by the court, instead has filed for another
| delay.


German Court: SCO Must Pay a Fine. Yes. Again.



The Goldfarb Declaration - Updated: MS Statement

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