11.23.08

SCO: Always Losing Redundant Court Cases, But Winning Mysterious Funds

Posted in GNU/Linux, Microsoft, Novell, SCO, UNIX at 7:09 am by Dr. Roy Schestowitz

“[Microsoft's] Mr. Emerson and I discussed a variety of investment structures wherein Microsoft would ‘backstop,’ or guarantee in some way, BayStar’s investment…. Microsoft assured me that it would in some way guarantee BayStar’s investment in SCO.”

Larry Goldfarb, Baystar, key investor in SCO

THE END OF AN ERA SEEMS NEAR AS SCO CASE EXPERTS over at Groklaw continue to track and record the company’s every move, not just in the courtroom. From the latest account:

SCO Files an Amended Schedule F

SCO, or more precisely, SCO Operations has filed an amended Schedule F [PDF], its list of unsecured nonpriority creditors, or in bankruptcy lingo “creditors holding unsecured nonpriority claims”.

[...]

SUSE? I wonder what they owe to them and why.

Then came the preparation for bankruptcy and the ruling.

There is a bankruptcy hearing scheduled for November 20th, and there’s a Notice of Matters Scheduled for Hearing [PDF] just filed that tells us that the issue of the constructive trust has been resolved “in principal” and there will be a stipulation or consensual order filed. Good Golly, Miss Molly. Is Novell finally going to see some of its money from SCO? Has somebody sprinkled fairy dust in the air or something?

Novell will hopefully receive no money because the company continues to just hurt GNU/Linux as a whole. The final judgment soon arrived, claiming Novell victorious.

The final judgment [PDF] from Utah is here at last. It recites what the August 10, 2007 and July 16, 2008 orders said, but it also resolves the recent dispute over SCO’s desire to voluntarily waive some claims and then bring them back to the table after an appeal, should it prove successful. Here’s SCO’s motion to voluntarily dismiss, and Novell’s response, so you can verify that this judgment indeed represents another loss for SCO. You’ll see that it was Novell that suggested the wording regarding SCO’s voluntarily dismissed claims that we see in the judgment, that they be dismissed “without the possibility of renewal following appeal.”

This was also covered by IDG, which cites Groklaw as its primary source.

Another chapter in the lengthy legal saga between SCO and Novell is closed, with the release of a final judgment by a Utah court on Thursday.

[...]

Prior to that ruling, the long-running dispute served as a threat to Linux users who might have feared legal action from SCO. SCO had charged IBM with copyright infringement over the use of Unix, a charge the court essentially said wasn’t valid.

Don’t ever allow the revisionist interpretation that Novell entered this to ‘rescue’ Linux. It was pulled into it by SCO. Either way, Groklaw also believes that SCO is going nowhere fast.

SCO Bankruptcy: SCO Withdraws Motion Re Confidentiality

[...]

Without prejudice. Lovely SCO touch. If a creditors committee is suddenly formed, SCO is ready. Why now? I’m only guessing but probably they are tying off loose ends, because their time to file a reorganization plan is almost up. And despite investors being “so excited about the business prospects of working with SCO” that Stephen Norris mentioned at SCO’s Tec Forum, so far nothing in writing to file with the court, so it does begin to look like the clock may run out first. What a surprise. Look for a December 31st filing. Oh, wait. SCO shuts down for Christmas, I seem to recall, and recovers slowly. They are “officially” closed from December 24th until January 1st, so I’m thinking we might look for something by the 24th, unless SCO’s participation isn’t required to file later.

The funny stories around Norris and some possible connections with Microsoft were previously discussed in [1, 2, 3, 4, 5, 6, 7]. UserFriendly seems to be celebrating already (see image below), but this does not rule out Novell/Microsoft, which play a similar game to SCO', albeit at a patents level (as opposed to copyrights).

SCO fat lady signing

Source: UserFriendly

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2008/11/23/losing-winning-mysterious-funds/

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. The Fall of The Register

    A word of caution about The Register, a British publisher that nowadays does a lot of reputation laundering for Microsoft and Bill Gates (instead of news about actual technology, as opposed to clown computing, big brands, and oligarchs)



  2. IRC Proceedings: Saturday, February 27, 2021

    IRC logs for Saturday, February 27, 2021



  3. Links 27/2/2021: IPFS 0.8, OnionShare 2.3.1, and New Stuff in KDE

    Links for the day



  4. The Internet After Social Control Media (and Maybe After the World Wide Web Too)

    There seems to be a growing trend of protests and backlash against centralised Internet disservices; there's also growing dissatisfaction over bloat and spyware, which the Web rendered a 'norm'



  5. SCO's Darl McBride is Finished (Bankruptcy)

    Some news about the site and about the long-forgotten SCO, whose infamous old (and sacked) Darl McBride (responsible for decade-long attacks on Linux) loses everything, based on fresh legal documents



  6. IRC Proceedings: Friday, February 26, 2021

    IRC logs for Friday, February 26, 2021



  7. Links 26/2/2021: Wine 6.3, Genode OS Framework 21.02

    Links for the day



  8. Links 26/2/2021: GNU Poke 1.0 is Out and Rocky Linux Leaves Microsoft GitHub

    Links for the day



  9. Microsoft's Status in Web Servers is So Bad That It Has Fallen Off Charts, is Now Partly Delisted

    In several categories or criteria Microsoft is no longer even listed by Netcraft; the share has become rather minuscule during the pandemic, which convinced more companies to explore expense-cutting moves



  10. We Take Away Your Freedom for Your Own Safety...

    People are herded like cattle and protest/dissent will be demonised as part of the new norm; what will be the cost of the pandemic and will resistance to the status quo ever be permitted to resume?



  11. EPO President Pushes Illegal Software Patents in South America (Over the Telephone With a Misleading New Puff Piece)

    The EPO's "news" section has become worse than a form of distraction (from the EPO's internal rot); it celebrates illegal and unlawful practices, spreading them to other continents



  12. The Free Software Foundation Warns Against Using Twitter

    Richard Stallman said Twitter was OK because it was possible to use it without proprietary software; that's no longer the case, so the Free Software Foundation (FSF) speaks out against it. It speaks about it more than 3 months after the problem became a known one and also an irreversible one (maybe Twitter would have reversed the decision if the media or the FSF actually spoke about it early enough).



  13. IRC Proceedings: Thursday, February 25, 2021

    IRC logs for Thursday, February 25, 2021



  14. Stéphane Bortzmeyer Explains Gemini Protocol (February 2021)

    A recent talk from Stéphane Bortzmeyer about Gemini and what it is for (or why)



  15. Links 26/2/2021: Istio 1.7.8 Announced, Blender 2.92, Firebird 3.0 Language Reference, FSF Against Twitter

    Links for the day



  16. Special Thanks to Mogz

    Credit where it's due to Mogz



  17. Modifying WordPress to Include Gemini Links in All Articles (Assuming a Canonical URL Form)

    In order to promote the departure from the World Wide Web (where possible and suitable; sites with text don't typically need Web-like features) one can promote the analogous pages in one's Gemini capsule; we suggest a way of doing so in WordPress (the most widely used CMS)



  18. Links 25/2/2021: RHEL for Open-Source Infrastructure, GNOME 40 Beta, LXPanel 0.10.1

    Links for the day



  19. IBM and Qt Don't Understand Free Software and They Now Impose Terms and Conditions on Who Qualifies for Use of Free Software Free of Charge

    IBM and Qt Don't Understand Free Software and They Now Impose Terms and Conditions on Who Qualifies for Use of Free Software Free of Charge



  20. Techrights Gemini Capsule, Now With Over 35,000 Pages and Files

    Blog posts combined with static (plain text) files are now 36,000+ in number, just for Gemini protocol alone; that number keeps growing as our conversion proceeds and evolves (our software will be released under terms of the AGPLv3)



  21. Eventually, or Hopefully, Many People Will Come Back to What the Web Used to Be (Or Web Alternatives More Like the 'Old' Web)

    With RSS feeds making a comeback and a resurgence of personal blogs we can take back the Web from a cabal of tech/Internet giants and social control media, censored, curated and spied on by oligarchy



  22. If Wikipedia is Controlled by Corporations and Mobs, It Needs to Be 'Cancelled'

    Facts have never truly mattered in social control media sites; it certainly seems as though Wikipedia now suffers the very same issue/deficit, allowing oligarchs and their companies to define what goes on in the world and which people Wikipedia should regard as persona non grata



  23. GNU/Linux Reaffirms Its Status as the Universal and Inter-planetary Operating System

    The operating system made for and by scientists (not business sharks and marketing cults) is winning the battle, and not only in this planet



  24. IRC Proceedings: Wednesday, February 24, 2021

    IRC logs for Wednesday, February 24, 2021



  25. Links 25/2/2021: Kali Linux 2021.1, Wine Launcher 1.4.46, and Google's Security Posing

    Links for the day



  26. Links 24/2/2021: MariaDB 10.5.9, Krita 4.4.3 Beta, and Debuginfod Server for Debian

    Links for the day



  27. Self-Host Your Videos, Take Full Advantage of HTML5 and Video Attributes

    For self-hosting of videos over the World Wide Web (Gemini too can handle videos; its clients/browsers can, for example, link video files/URLs to external media players) it's worth reviewing the full set of features made available by the standards because a lot can be accomplished without JavaScript and without unnecessary bloat/complexity



  28. Trying Out NoiseTorch to Reduce Background Sound/Noise in GNU/Linux

    An introduction to noisetorch (or NoiseTorch), an application that helps create virtual microphones/devices with reduced background noise



  29. How the Big Banks and OIN Can Whitewash Software Patents and Do Nothing Concrete About Patent Trolls

    Response to the puff piece entitled "How the Big Banks and OIN Can Lock Out Patent Trolls with Enabled Publications"



  30. IRC Proceedings: Tuesday, February 23, 2021

    IRC logs for Tuesday, February 23, 2021


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

Recent Posts