EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

11.22.07

Microsoft, Novell, SCO, and NASDAQ Delistings

Posted in Finance, Microsoft, Novell, SCO at 8:33 pm by Dr. Roy Schestowitz

The closer one looks, the more gets revealed

There are many dots to connect and many past discussions to combine, so this post will contain many pointers and hints, essentially leaving interpretation to the reader. Whatever you make of this, it seems safe to conclude that we find patterns here. From similarities one can predict just as from history one can learn [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12].

Novell’s Finances

SubSonica points out that shortly before the deal with Microsoft, Novell faced risk of being delisted from the NASDAQ.

IMHO, Novell accepted the pact with the devil due to serious financial problems. The 348 million dollar deal allowed them some relief. Microsoft is very smart when they target struggling companies… the timing was perfect.
Follow the money, ask yourself the right questions:

http://www.itworld.com/Man/2698/060921novellnasdaq/

JUST ONE MONTH before the pact Novell was about to be delisted from Nasdaq and was having problems with the Wells Fargo Bank. I think the re-animator injection of 348 million by Microsoft converted Novell in the perfect zombie to perform its masters at Redmond commands.

The subsequent comments are worth a glance. Shane spotted this last year as well. Particularly interesting was Ron Hovsepian’s financial gain (just shortly after the deal with Microsoft had been signed). For a CEO of a large companies, such transactions would be hard to conceal. Fortunately enough, Shane had his eyes on it. We later drew further conclusions.

”Was Novell cooking the books (the ‘numbers game’)?“SCO entered in the state of bankruptcy after its shares had sunk and Acacia, which we consider to be another Microsoft proxy [1, 2, 3, 4, 5, 6, 7, 8, 9], recently followed a similar path. What about Novell?

In case you wish to know more about NASDAQ warnings and Novell’s non-compliance in 2007, see [1, 2, 3, 4, 5, 6, 7]. Some thought as Novell as a takeover target at that stage and soon afterwards Novell finally complied. Was Novell cooking the books (the ‘numbers game’)? Dana Blankenhorn seems to have scared Novell when it said that the company was merely ‘massaging’ its financial figures (Microsoft, Dell and many others do it as well, but that’s another story). Here is what a knowledgeable reader of this Web site tells us:


Keep in mind that the Nasdaq delisting issue can be justified by Novell merely as a “bureaucratic paperwork deadline problem” (in fact you can see Dell reported in the same situation at some of the news picks)the determinant and differentiating thing here is the clue of the Wells Fargo Bank, according to which, Novell was in default. And look at the figures, 600 million dollars, although I cannot quite grasp the role of Wells Fargo Bank here, I am not very good at English financial terminology, maybe since you are a native English speaker, it makes more sense to you.


With redacted disclosures [1, 2, 3] it’s hard to tell what exactly is/was going on, but clues are just about given away. Shane and I analysed and simplified some of them [1, 2, 3, 4].

It remains a fact that Novell is too Microsoft-dependent (financially speaking, but increasingly on a technical level as well [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33]). A reader of this Web site takes a very wild and speculative guess:


Going further in “black helicopter mode”, It is **my personal impression** that Microsoft might have “virtually” bought Novell (no, serious). If Novells financial situation was bad enough (think about how well corporations can make-up their financial reports, take ENRON as example), maybe they were too easy a target for Microsoft… Novell being “virtually” property of Microsoft inc. might explain many, many things, like the attitude of De Icaza towards the whole issue and the passiveness of Novell’s execs towards Ballmer’s bragging about Gnu/Linux users owing him money but this last paragraph is just pure speculation on my part…time will tell.


Bear in mind that Miguel de Icaza has been helping Microsoft not only in the EU. Recently, Miguel has helped Microsoft resolve ECMA comments. Essentially, as a Novell employee, he actively helps Microsoft getting OOXML approved as an ISO standard. Should one be surprised at all? It’s a rhetorical question. It’s stuff like that which may be one of the reasons SUSE developers abandoned the company.

Novell’s Employment

Over 250 jobs were cut in the past few months [1, 2, 3, 4]. Layoff rumours [1, 2, 3, 4, 5, 6], such as a rumour about the axing of 1,100 Novell jobs, have usually materialised. There are also the large-scale 2005 layoffs. Despite the optimistic outlook from UBS, which might have vested interests, the best advice may be to simply:

Sell Novell

It’s just an honest assessment and an humble opinion. Other people have already said (and we have also speculated) that Novell could be the next SCO [1, 2, 3, 4, 5, 6]. If you follow the external links, you’ll find that we are not alone in making such a prediction (maybe even a compelling comparison).

Eyes Back on SCO

Intellectual property litigation and various funding activities appear to have already gone beyond SCO. Speaking of which, SCO insists on carrying on with its trial, despite the setbacks and without selling its assets as some have predicted. At this stage of the trial, this seems rather insane.

Wow. SCO has withdrawn its motion, the “emergency” motion, to sell its assets.

More about this here.

Last month we brought you the astonishing news that someone actually wanted to by SCO, the now-bankrupt perennial thorn-in-the-side of the Linux community. As of today, the joke is again on them, as they’ve had to hightail it in reverse with their tail between their legs.

It was only a week ago that we found Microsoft approaching SCO using a proxy, for financial matters.

“I guess filing as MSLI instead of Microsoft Licensing is like putting on sunglasses, hoping no one will notice you”

How about this recent writeup, which bears the headline “Did Microsoft ruin SCO?”

Which comes to the scenario in mind. Gates approaches McBride and puts forth a proposition that SCO should try and make money out of Linux. He offers to bankroll the operation in a backhanded manner and then steps back to watch the action unfold. His reasoning for doing this? To have a test run before he puts Microsoft through the same paces. Either way he wins.

Never forget what Eric Raymond wrote when he parsed his way through the Halloween Documents.

There you have it. At least a third of SCO’s entire market capitalization, and their entire current cash reserves, is payoffs funnelled from Microsoft. Their 10Qs reveal that every other line of cash inflow is statistical noise by comparison. The brave new SCO source business model is now clear: sue your customers, shill for Microsoft, kite your stock, and pray you stay out of jail.

It would be far fetched to draw similar conclusions about Novell, but the possibility of insiders cannot be easily ignored.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 22/2/2018: Qt Roadmap for 2018, Calculate Linux 17.12.2

    Links for the day



  2. As Expected, Bristows and Others Already Lying About UPC Status in Germany, But Doing This Anonymously (to Dodge Accountability for Lies)

    In their characteristic fashion, firms that created the UPC for their self-enrichment purposes, along with publishers/writers who deem it their role to promote the UPC and set up lobbying events for the UPC, look for ways to downplay if not intentionally distort what happened in Germany yesterday



  3. Further Attacks on EPO Staff and the Appeal Boards; Former EPO Boards of Appeal Member Speaks About EPO Scandals

    In the process of devaluing EPO workers and perhaps preparing them for a large round of layoffs information is also revealed about further repressions against the independence of the Boards of Appeal



  4. End of the UPC Lobby and Withdrawal of UPCA May Seem Imminent

    The Unitary Patent fantasy (of mass litigation firms) is coming to an end; in fact, the German government and courts (Bundesverfassungsgericht to be specific) now deem the complaint to be admissible and thus likely legitimate in spite of many attempts to shoot it down



  5. EPO's Board 28 Spikes Article 53 in CA/3/18, Apparently After Battistelli Withdrew It

    The latest plot twist, as odd as that may seem, is that the attack on the rights of thousands of workers (many of whom are rumoured to be on their way out) is curtailed somewhat, at least for the time being



  6. Links 21/2/2018: Apper 1.0, New Fedora ISOs

    Links for the day



  7. Rumour: European Patent Office to Lay Off a Significant Proportion of Its Workforce

    While the Administrative Council of the EPO praises Battistelli for his financial accomplishments (as laughable as it may seem) a lot of families stuck in a foreign country may soon see their breadwinner unemployed, according to rumours



  8. The Patent Trolls' Lobby, Bristows and IAM Among Others, Downplays Darts-IP/IP2Innovate Report About Rising If Not Soaring Troll Activity in Europe

    Exactly like last year, as soon as IP2Innovate opens its mouth Bristows and IAM go into "attack dog" mode and promote the UPC, deny the existence or seriousness of patent trolls, and promote their nefarious, trolls-funded agenda



  9. Links 20/2/2018: Mesa 17.3.5, Qt 5.11 Alpha, Absolute 15.0 Beta 4, Sailfish OS 2.1.4 E.A., SuiteCRM 7.10

    Links for the day



  10. Replacing Patent Sharks/Trolls and the Patent Mafia With 'Icons' Like Thomas Edison

    The popular perceptions of patents and the sobering reality of what patents (more so nowadays) mean to actual inventors who aren't associated with global behemoths such as IBM or Siemens



  11. The Patent Trolls' Lobby is Distorting the Record of CAFC on PTAB

    The Court of Appeals for the Federal Circuit (CAFC), which deals with appeals from PTAB, has been issuing many decisions in favour of § 101, but those aren't being talked about or emphasised by the patent 'industry'



  12. Japan Demonstrates Sanity on SEP Policy While US Patent Policy is Influenced by Lobbyists

    Japan's commendable response to a classic pattern of patent misuse; US patent policy is still being subjected to never-ending intervention and there is now a lobbyist in charge of antitrust matters and a lawyer in charge of the US patent office (both Trump appointees)



  13. The Patent Microcosm's Embrace of Buzzwords and False Marketing Strives to Make Patent Examiners Redundant and Patent Quality Extremely Low

    Patent maximalists, who are profiting from abundance of low-quality patents (and frivolous lawsuits/legal threats these can entail), are riding the hype wave and participating in the rush to put patent systems at the hands of machines



  14. Today, at 12:30 CET, Bavarian State Parliament Will Speak About EPO Abuses (Updated)

    The politicians of Bavaria are prepared to wrestle with some serious questions about the illegality of the EPO's actions and what that may mean to constitutional aspects of German law



  15. Another Loud Warning From EPO Workers About the Decline of Patent Quality

    Yet more patent quality warnings are being issued by EPO insiders (examiners) who are seeing their senior colleagues vanishing and wonder what will be left of their employer



  16. Links 19/2/2018: Linux 4.16 RC2, Nintendo Switch Now Full-fledged GNU/Linux

    Links for the day



  17. PTAB Continues to Invalidate a Lot of Software Patents and to Stop Patent Examiners From Issuing Them

    Erasure of software patents by the Patent Trial and Appeal Board (PTAB) carries on unabated in spite of attempts to cause controversy and disdain towards PTAB



  18. The Patent 'Industry' Likes to Mention Berkheimer and Aatrix to Give the Mere Impression of Section 101/Alice Weakness

    Contrary to what patent maximalists keep saying about Berkheimer and Aatrix (two decisions of the Federal Circuit from earlier this month, both dealing with Alice-type challenges), neither actually changed anything in any substantial way



  19. Makan Delrahim is Wrong; Patents Are a Major Antitrust Problem, Sometimes Disguised Using Trolls Somewhere Like the Eastern District of Texas

    Debates and open disagreements over the stance of the lobbyist who is the current United States Assistant Attorney General for the Antitrust Division



  20. Patent Trolls Watch: Microsoft-Connected Intellectual Ventures, Finjan, and Rumour of Technicolor-InterDigital Buyout

    Connections between various patent trolls and some patent troll statistics which have been circulated lately



  21. Software Patents Trickle in After § 101/Alice, But Courts Would Not Honour Them Anyway

    The dawn of § 101/Alice, which in principle eliminates almost every software patent, means that applicants find themselves having to utilise loopholes to fool examiners, but that's unlikely to impress judges (if they ever come to assessing these patents)



  22. In Aatrix v Green Shades the Court is Not Tolerating Software Patents But Merely Inquires/Wonders Whether the Patents at Hand Are Abstract

    Aatrix alleges patent infringement by Green Shades, but whether the patents at hand are abstract or not remains to be seen; this is not what patent maximalists claim it to be ("A Valentine for Software Patent Owners" or "valentine for patentee")



  23. An Indoctrinated Minority is Maintaining the Illusion That Patent Policy is to Blame for All or Most Problems of the United States

    The zealots who want to patent everything under the Sun and sue everyone under the Sun blame nations in the east (where the Sun rises) for all their misfortunes; this has reached somewhat ludicrous levels



  24. Berkheimer Decision is Still Being Spun by the Anti-Section 101/Alice Lobby

    12 days after Berkheimer v HP Inc. the patent maximalists continue to paint this decision as a game changer with regards to patent scope; the reality, however, is that this decision will soon be forgotten about and will have no substantial effect on either PTAB or Alice (because it's about neither of these)



  25. Academic Patent Immunity is Laughable and Academics Are Influenced by Corporate Money (for Steering Patent Agenda)

    Universities appear to have become battlegrounds in the war between practicing entities and a bunch of parasites who make a living out of litigation and patent bubbles



  26. UPC Optimism Languishes Even Among Paid UPC Propagandists Such as IAM

    Even voices which are attempting to give UPC momentum that it clearly lacks admit that things aren't looking well; the UK is not ratifying and Germany make take years to look into constitutional barriers



  27. Bejin Bieneman Props Up the Disgraced Randall Rader for Litigation Agenda

    Randall Rader keeps hanging out with the litigation 'industry' -- the very same 'industry' which he served in a closeted fashion when he was Chief Judge of the Federal Circuit (and vocal proponent of software patents, patent trolls and so on)



  28. With Stambler v Mastercard, Patent Maximalists Are Hoping to Prop Up Software Patents and Damage PTAB

    The patent 'industry' is hoping to persuade the highest US court to weaken the Patent Trial and Appeal Board (PTAB), for PTAB is making patent lawsuits a lot harder and raises the threshold for patent eligibility



  29. Apple Discovers That Its Patent Disputes Are a Losing Battle Which Only Lawyers Win (Profit From)

    By pouring a lot of money and energy into the 'litigation card' Apple lost focus and it's also losing some key cases, as its patents are simply not strong enough



  30. The Patent Microcosm Takes Berkheimer v HP Out of Context to Pretend PTAB Disregards Fact-Finding Process

    In view or in light of a recent decision (excerpt above), patent maximalists who are afraid of the Patent Trial and Appeal Board (PTAB) try to paint it as inherently unjust and uncaring for facts


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts