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[News] SCO is Dying, Sale Blocked

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SCO sale blocked by court

,----[ Quote ]
| A US judge has blocked SCO's attempt to sell off part of its business in 
| order to fund its ongoing litigation, and appointed a Chapter 11 trustee to 
| oversee the company's next moves.  
| SCO was hoping to sell off some of its assets, in order to fund its court 
| battle against IBM and Novell for claimed Linux licenses. For its part, SCO 
| said it was glad not to be pushed into Chapter 7 - full liquidation of the 
| firm.   
| [...]
| Support from Microsoft added to suspicions that the case was designed to put 
| litigation-wary enterprises off using Linux. 



What Happens to SCO Next? -- Some Possibilities

,----[ Quote ]
| So those are the various possibilities I see. Do you see any good ones, if
| you are SCO management? I don't see even one. If we are marking on a curve,
| SCO's suggestion in its letter is the least toxic, but none of the
| possibilities now are really ideal from SCO's point of view, and how
| realistic do you think it is as a suggestion at this late date, considering
| all that came out in discovery and at the hearing?
| I think this may be the very first time in the entire SCO saga where SCO
| seems to have no really good options on the table that I can see.
| And that's probably why after the hearing on the 27th, I was overwhelmed by
| the incandescent realization that we had just turned a real corner, one that
| changes everything, and that we're in end-game territory, at last.


Darl, Norris, Bryan Cave Named as Defendants in IP Litigation - The Pelican

,----[ Quote ]
| Well, my dreams are coming true. This is better than eagles. A new lawsuit
| with Darl McBride, Stephen Norris and Bryan Cave all named as defendants by
| Pelican Equity. The accusation? Theft of trade secrets.
| No. Wait. Wait. Wait. It gets better. They are also accused of violating the
| Computer Fraud and Abuse Act. There is a God! [passes out from joy]


SCO Files Notice of Cure Amounts Re Leases and Executory Contracts

,----[ Quote ]
| There is a monster SCO filing in the bankruptcy, 531 pages, I'm told, a
| Notice of Cure Amounts in Connection with the Assumption and Assignment of
| Unexpired Leases and Executory Contracts [PDF] and then a 7-part exhibit. SCO
| proposes to transfer everything on this list to unXis "free and clear of all
| liens, claims, encumbrances and interests upon satisfaction of the cure
| amounts... except for Assumed Liabilities and Permitted Encumbrances".


SCO's New Proposed Sale Plan - Wants to Sue Linux Users Some More

,----[ Quote ]
| - By the way, did you catch the part about "other potential defendants" in
| addition to Novell, IBM, Red Hat and AutoZone? Everybody pretty much goes to
| unXis, leaving McBride as captain of the Good Ship SCO, and he gets to sue
| and sue and sue, while the assets have gone to unXis, so if SCO loses all the
| litigation, then the victors get no spoils and can't be be made whole by the
| legal process. But what particularly struck me is SCO saying that they will
| be able "to move the UNIX business forward with unXis in a very exciting
| way." "With unXis"? In what sense? It starts to hint that this is more a
| renaming, taking in some new management who seem to have financial expertise,
| and SCO keeps skipping along as unXis, with the dangerous litigation spun off
| safely into a litigation troll. Is that not what you see?


SCO wants to keep waging legal war after $2.4M asset sale

,----[ Quote ]
| SCO has secured a deal to sell off its major assets for $2.4 million to an IT
| consulting firm called Unxis. The agreement, which is still awaiting court
| approval, specifies that SCO retains the right to continue pursuing its
| litigation.


SCO vs. Linux: New investor rescues SCO from bankruptcy

,----[ Quote ]
| In yet another bizarre twist in the interminable legal dispute over source
| code allegedly illegally copied from UNIX System V into Linux, the SCO Group,
| which claims ownership of the disputed code, has secured a last-gasp reprieve
| from the threat of liquidation. Immediately before the crucial liquidation
| hearing in the bankruptcy court, SCO CEO Darl McBride signed an agreement
| with a company by the name of Gulf Capital Partners, backed by well-known
| investor Stephen Norris. Caught out by the surprise development, all parties
| have agreed to postpone the liquidation hearing until the 16th or the 27th of
| July.


SCO Group strikes deal just before bankruptcy hearing

,----[ Quote ]
| The SCO Group lives.
| Facing life or death, officers of the embattled Utah software company signed
| a deal Monday just before walking into a federal bankruptcy courtroom for a
| hearing on motions to liquidate it. Instead, they proposed selling off the
| company's Unix business to a London-based firm, while keeping its licensing
| claims that are part of high-profile lawsuits involving IBM, Novell and other
| companies.
| The SCO Group also would retain its mobile application business, an area
| where it sees big potential growth.
| "We signed that deal just minutes before the court hearing, and walked in and
| handed it to them, " said Darl McBride, CEO of Lindon-based SCO.


Last Minute Filings in SCO Bankruptcy - Hearing Later Today - Update: 1st word;
2nd Update


After the Hearing: Reports From Our Eyewitnesses - Updated

,----[ Quote ]
| So, the bottom line of the day is that the proposed sale to
| Gulf-Cap-whatever-their-name-really-turns-out-to-be (see previous article)
| will have a hearing on July 16, as Webster earlier reported. So we will no
| doubt get to see the proposed agreement filed, and then objections, the usual
| song and dance. So, bottom line? Delay, delay, delay. It's too bad SCO can't
| package it up and sell delay. They'd make a fortune. It is what they are best
| at, I'd say.


After the Hearing: Reports From Our Eyewitnesses


SCO Does It, Quite Frankly, As Usual

,----[ Quote ]
| As it stands, everything remains up in the air â the proposed sale is by no
| means final, and if it is like any of the others, is likely nothing more than
| a delaying tactic. If the judge has any sense about him, when and if this
| deal falls through like all the rest, he'll wake up and finally start
| sanctioning SCO for treating the Bankruptcy Code like kindling. If it falls
| through by next month's hearing, SCO will need a miracle even Satan couldn't
| help them get to avoid conversion into a Chapter 7 â once the Chapter 7
| trustee gets his hands on them, they'll find themselves sold off faster than
| $5 Ferraris. By the time it finally happens, that champagne we all put away
| in 2002 will be just about right.



Shuttleworth: Microsoft Fracturing the Open-Source Community

,----[ Quote ]
| "That's extortion and we should call it what it is," he said. "To say, as
| [Microsoft CEO Steve] Ballmer did, that there is undisclosed balance sheet
| liability, that's just extortion and we should refuse to get drawn into that
| game. On the other side, if Microsoft is concerned about its intellectual
| property, there is no one in the free software community that wants to
| violate anyone's IP. Disclose the patents and we'll fix the code.
| Alternatively, move on."
| Microsoft has said it does disclose which patents are being violated, but
| only in one-on-one conversations with vendors. To Shuttleworth, that is not
| disclosure, because patents are public documents.


[Mark Shuttleworth Interview]

,----[ Quote ]
| Microsoft is asking people to pay them for patents, but they won't
| say which ones. If a guy walks into a shop and says: "It's an
| unsafe neighbourhood, why don't you pay me 20 bucks and I'll make
| sure you're okay," that's illegal. It's racketeering. What Microsoft
| is doing with intellectual property is exactly the same. It's a great
| company and I have great admiration for it, but this was not a
| well considered position.
| So you wouldn't do a deal?
| No, absolutely not. But the time will come when the folks at
| Microsoft who have a clear vision for the company as a participant
| in this community, rather than as a hostile antagonist, will win.

Version: GnuPG v1.4.9 (GNU/Linux)


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