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[News] [Rival] SCO Trustee Starts Sniffing Around This Gangsters Ground

  • Subject: [News] [Rival] SCO Trustee Starts Sniffing Around This Gangsters Ground
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Tue, 15 Sep 2009 22:44:44 +0100
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
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Mr. Cahn Files a Bond

,----[ Quote ]
| How long ago did the idea to sue IBM over Linux first get mentioned? And why 
| does SCO owe money to the creditors Maureen O'Gara, Alok Mohan, and a private 
| detective? What was that money owed for? Wisely spent?



About Hans Bayer

,----[ Quote ]
| Groklaw's reporters who attended the SCO bankruptcy hearing on the 27th
| reported that SCO portrayed Hans Bayer as not an officer of the company and
| not authorized to speak for SCO about the unXis deal. As a result, some
| emails by Bayer about the proposed sale to unXis were stricken from the
| record. I'll show you in a minute why SCO was so eager to have the emails
| stricken. They are very damaging. CEO Darl McBride said he'd even reprimanded
| Bayer for some emails he was not authorized to send. At one point, Cravath
| attorney David Marriott, representing IBM, pulled out his Blackberry and
| showed McBride the SCO website, listing Bayer as VP. But SCO's portrayal was
| that the web site was mistaken. When Steve Norris later testified, however,
| when he was asked who was the lead negotiator for SCO in the unXis deal, he
| said it was Hans Bayer. Norris had not been in the courtroom during McBride's
| testimony.


SCO vs. Linux: Forget Hans Bayer!

,----[ Quote ]
| The court proceedings concerning the bankruptcy of the SCO Group were
| finalised on Monday with a 12-hour marathon hearing. The judge's ruling is
| expected in about a week. A surprising aspect of the hearing was a
| controversy that developed around the role of SCO's Vice President Hans
| Bayer, the former CEO of SCO Germany. This was sparked off by the question of
| which of SCO's business divisions possess any economic value that could be
| salvaged via ordered bankruptcy proceedings.


IBM and Novell File Objections to SCO's unXis Sale - And how!

,----[ Quote ]
| We're in OMG territory now, y'all. Let's continue:
|     14. Of course, the very involvement of Mr. Robbins in introducing Mr.
|     McBride to Mr. Norris calls into question the good faith of the
|     contemplated transaction. In its January 8, 2009, disclosure to the
|     Court, the Debtors represented that Mr. Robbins -- Mr.
|     Norris's "partner" -- had "extensive experience in structured finance and
|     private equity as co-founder and managing partner of Peninsula Advisors"
|     and "served as Investment Director and lead negotiator with several
|     leading financial institutions."... And Mr. Robbins first introduced Mr.
|     Norris to the Debtors, laying the foundation for the PSA.... But both Mr.
|     McBride and Mr. Norris have testified that they believe Mr. Robbins to be
|     involved in fraud. ... Mr. Norris "had come to find out and pretty
|     definitively that Robbins had been lying to everyone and misrepresenting
|     essentially everything to everyone and had probably engaged in a whole
|     variety of frauds."
| This proposed deal is dead in the water, methinks. It turns out, according to
| IBM's filing, that there is no one actually committed to invest in this deal:
|     15. Financing for the PSA Transaction. Mr. Norris claimed that he had
|     fairly firm plans to line up capital for the transaction proposed under
|     the PSA, but he did not provide particulars.... He admitted, however,
|     that he has no executed agreements from anyone to invest in this
|     transaction, that there are no written commitments to back up either the
|     Letter of Credit-Balance or the Letter of Credit-Sun and that he has no
|     scheduled meetings over the next two weeks with any potential
|     investors.... He claimed to have a variety of interested bidders, but did
|     not clearly explain his solicitation process and, apparently on the
|     advice of counsel, refused to identify any of the potential bidders
| [...]
| Now that the word "fraud" has entered this bankruptcy, we find ourselves in a
| new universe. Bankruptcies spin the other way, once there is fraud in the
| picture. And it's about time, too, I know you are thinking. If I had to read
| the judge say one more time that SCO was doing its very best, I was in danger
| of becoming a cynic. Why doesn't someone tell this judge what is really
| going on? That was what I was thinking about over the weekend. And now
| someone has.


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.

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