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SCO thrashes on
,----[ Quote ]
| According to a Salt Lake Tribune report,
| Cahn told U.S. Bankruptcy Judge Kevin Gross
| that "SCO's claims against IBM and Novell
| 'should be pursued aggressively.'"
|
| You've got to be kidding me. I predicted
| that Cahn would want to continue the Novell
| lawsuit. After all, as it is, no one knows
| who really owns Unix's intellectual
| property. Unix's ownership is a big deal. If
| Novell owns it, then SCO has nothing left of
| any real value. But IBM? Come on!
|
| We've known, not suspected, known for years
| that SCO's core copyright claims about IBM
| copying parts of Unix into Linux aren't
| true. No one who has read over any of the
| publicly available evidence thinks
| otherwise, except for SCO loyalists.
|
| I can only presume that Cahn hasn't really
| looked at the case. He seems to believe that
| underneath all of SCO's copyright smoke
| there had to be some fire. Sorry, there's
| not even a spark.
`----
http://blogs.computerworld.com/14973/sco_thrashes_on
Groklaw says that this is by no means news:
Minutes from the October 23, 2009 SCO Bankruptcy Hearing
,----[ Quote ]
| According to the Salt Lake Tribune's
| account, Cahn told the judge he'll pursue
| the Novell and IBM litigation, but that's
| not really news. He announced as much the
| other day, and again in the motion regarding
| the AutoZone proposed settlement, it was
| hinted at, and what choice does he have at
| this point? Boies Schiller are paid, and
| what basis would he have to say it isn't
| worth even trying, when copyrights are in
| the balance? The jury trial would naturally
| seem worthwhile to pursue, since what costs
| a lot in litigation is discovery, and that's
| over and done. If he didn't pursue that, he
| would surely open himself up to litigation
| by the shareholders McBride claims to be
| leading. And that costs money to pursue
| also, so all in all, it's the course of
| caution to pursue things at this point, or
| at least to talk like you plan to.
`----
http://www.groklaw.net/article.php?story=20091023182052405
Recent:
What To Do About SCO? Let's Spend More Money on Professional Advisors
,----[ Quote ]
| I have a friend whose theory of life is that when you
| are down to your last $100, rather than skimping, you
| should go out and spend it on a luxurious, wonderful
| meal, because afterwards you'll think of something.
| SCO's Chapter 11 Trustee must be a kindred spirit.
|
| Mr. Cahn has filed with the bankruptcy court an
| application to hire a financial advisor/investment
| banker, Ocean Park Advisors, to advise him on what he
| should do about SCO. Should they reorganize, sell off
| and shut down or what? It's complicated. Not to mention
| expensive. Wait. Does SCO have any money it doesn't
| already owe to someone?
`----
http://www.groklaw.net/article.php?story=20091003193909603
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?
`----
http://www.groklaw.net/article.php?story=20090913224436712
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.
`----
http://www.groklaw.net/article.php?story=20090729013526719
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.
`----
http://www.h-online.com/open/SCO-vs-Linux-Forget-Hans-Bayer--/news/113878
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.
`----
http://www.groklaw.net/article.php?story=20090720175057950
Darl, Norris, Bryan Cave Named as Defendants in IP Litigation - The Pelican
Brief
,----[ 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]
`----
http://www.groklaw.net/article.php?story=2009070123514867
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".
`----
http://www.groklaw.net/article.php?story=20090708223757362
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?
`----
http://www.groklaw.net/article.php?story=20090623013806705
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.
`----
http://arstechnica.com/open-source/news/2009/06/sco-wants-to-keep-waging-legal-war-after-24m-asset-sale.ars
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.
`----
http://www.h-online.com/open/SCO-vs-Linux-New-investor-rescues-SCO-from-bankruptcy--/news/113540
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.
`----
http://www.sltrib.com/technology/ci_12595750
Last Minute Filings in SCO Bankruptcy - Hearing Later Today - Update: 1st word;
2nd Update
http://www.groklaw.net/article.php?story=20090615122117389
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.
`----
http://www.groklaw.net/article.php?story=20090615122117389
After the Hearing: Reports From Our Eyewitnesses
http://www.groklaw.net/article.php?story=20090615195402823
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.
`----
http://www.linuxjournal.com/content/sco-does-it-quite-frankly-usual
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