Home Messages Index
[Date Prev][Date Next][Thread Prev][Thread Next]
Author IndexDate IndexThread Index

[News] SCO's Case Seems More Lost Than Trustee Realises

  • Subject: [News] SCO's Case Seems More Lost Than Trustee Realises
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Thu, 17 Dec 2009 09:39:02 +0000
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.3.1
Hash: SHA1

Answering SCO Bit by Bit - The Robert Swartz Memo, Take 2

,----[ Quote ]
| So, where is the big payday going to come 
| from? No. Really. What SCO's new management 
| needs to ask is this: are we being given 
| good legal advice in this instance? 


Answering SCO Bit by Bit: a.out.h, errno.h and the GPL

,----[ Quote ]
| I find include/linux/a.out.h and 
| include/asm-i386/errno.h as well as the name 
| of a Caldera employee, Torsten Duwe, and the 
| GPL referenced, as well as the credit to 
| Caldera Systems and a mention of 
| calderalabs.com. The CD is copyrighted 2000, 
| and printed on the CD it says that source 
| code for OpenLinux eServer 2.3 was available 
| at www.calderasystems.com/eServer. It's 
| available on the CD as well, happily, since 
| SCO has removed the page listed on the CD, 
| as they have so much that Groklaw published 
| that shows they have been serving up an 
| order of baloney.
| So I opened it up from the CD in emacs, 
| linux-kernel-include-2.2.14-1S.i386.rpm, and 
| there's the very a.out.h and errno.h files 
| listed as verboten, as big as life, in 
| Caldera's very own product...


Ch. 11 Trustee Cahn Opposes SUSE's Motion to Lift Stay

,----[ Quote ]
| Edward Cahn, SCO's appointed Chapter 11 
| Trustee, now making decisions for SCO, has 
| filed an opposition to SUSE's request to 
| lift the bankruptcy stay so the arbitration 
| can go forward. And Al Petrofsky has filed a 
| motion pro se demanding that SCO file its 
| missing MORs.
| The Cahn objection to SUSE's request can be 
| summed up simply. SCO has limited funds, and 
| Cahn doesn't want to spend them on the 
| arbitration. The trial in Utah is set for 
| March, and if SCO loses and the jury decides 
| it doesn't own the copyrights, then there 
| will be no need for the arbitration to go 
| forward. If, on the other hand, it wins, 
| then it can proceed with the arbitration 
| issues because, as footnote 5 puts it, 
| "resources may become available to the 
| Debtors if they prevail at trial". SCO has 
| to pay the lawyers for the Swiss 
| arbitration. That is not covered by the 
| agreement with Boies Schiller, and the 
| lawyers in Europe are on top of that. Then 
| they'd have to hire experts. Cahn tells the 
| court that it should defer to his judgment 
| on how to proceed in the various 
| litigations. 



Litigation Utah-Style - the Hatch-Jenson (Robbins) Connection - Updated

,----[ Quote ]
| The Pelican claims sounded, frankly, weird
| to me when I first read them, including
| claims of Darl McBride and Robert Brazell
| setting up a website to defame Robbins.
| What legitimate businessman would do
| something that stupid, I wondered? And
| yet, look what I just stumbled upon in the
| Deseret News. A criminal case settled last
| year in Utah involving Jenson. Hatch's
| firm represented Jenson in that matter,
| too, and he is individually named as
| participating in the matter in numerous
| media accounts. The case is every bit as
| weird as anything in Pelican, with
| accusations of fraud, racketeering,
| reputational attacks on witnesses, and
| political pressure.


SCO is getting smaller and smaller

,----[ Quote ]
| SCO is downsizing. Ch. 11 Trustee Edward
| Cahn has filed a motion for the sale,
| transfer or abandonment of certain de
| minimis assets. They have also signed a
| new lease with Canopy, and they hope the
| court will approve it. The new lease with
| Canopy is for space more than 50 percent
| smaller than where they've been. So, no
| more feet on that huge desk in Darl's
| office. Remember that picture? Ah, yes,
| 2004. The bogo accusations. I call them
| the Bogo Years.


SCO CEO likely will be forced out of job

,----[ Quote ]
| Darl McBride said Monday he regrets that he is being pushed out as CEO of The
| SCO Group software company but not his decision to sue IBM and Novell,
| lawsuits that led to the company's bankruptcy and ultimately his departure.



In His Own Words: McBride

,----[ Quote ]
| Suddenly, all the "fat lady" and "it ain't over till it's over" metaphors
| were trotted out. SCO isn't dead yet, look out Linux fans!
| With all due respect to my colleagues in the press: puh-leeze.
| First off, most people with a modicum of sense knew the litigation wasn't
| over. With bankruptcy proceedings and the SCO v. everybody cases... there was
| very little chance that this was all going to fade away into the abyss. At
| most, all of these legal proceedings will enough new cash to keep things
| going faster--provided the court approves the restucturing plan. Which, as
| far as I know, the court hasn't approved yet. The York Group reorganization
| proposal was nixed, you may recall.


SCO Tried to Gag Groklaw in 2004

,----[ Quote ]
| So SCO tried to gag Groklaw beginning in 2004. It moved on to
| false insinuations to journalists, ugly innuendo during a conference
| about me and Groklaw, having friendly journalists with PIs try to
| dig up dirt on me, a massive astroturfing campaign all over the
| internet, and then finally to intimidation with their recent motion.
| Well, I'm gagging, all right, but not in a good way, and certainly
| not in the way SCO hoped.
| I will respond like this, seriously for a moment. This is America.
| I am an American citizen. I was born here, born to certain rights
| as my birthright. I'm allowed to cover this litigation without
| being harassed and intimidated or threatened or gagged. I'm
| allowed to present facts that disprove SCO's public allegations.
| I am allowed to write what I believe is the truth, and I'm
| to present research about the allegations.

Version: GnuPG v1.4.9 (GNU/Linux)


[Date Prev][Date Next][Thread Prev][Thread Next]
Author IndexDate IndexThread Index