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

07.11.09

Groklaw Unearths Another SCO Scandal; SCO Heads Sued for Theft, Computer Fraud and Abuse

Posted in Courtroom, GNU/Linux, Law, Microsoft, Novell, SCO, UNIX at 10:32 am by Dr. Roy Schestowitz

“On the same day that CA blasted SCO, Open Source evangelist Eric Raymond revealed a leaked email from SCO’s strategic consultant Mike Anderer to their management. The email details how, surprise surprise, Microsoft has arranged virtually all of SCO’s financing, hiding behind intermediaries like Baystar Capital.”

Bruce Perens

Summary: SCO and unXis may be the same/overlapping entity; Darl McBride, Stephen Norris and Bryan Cave are all sued

THERE IS SOMETHING truly fascinating about SCO. Is it a technology company or is it a tool for legal abuse? Nobody knows for sure anymore, but Groklaw carries on digging deeper. What does it find? An abundance of monkey business. First of all, as many people know by now, SCO is to sell its assets to a supposedly “independent” entity — a buyer substantiating a company to be known as unXis. We’ll spare the explanation about Microsoft’s connection to SCO’s latest cash injection [1, 2, 3] because more hilarious is the following finding:

Guess who owns the domain unXis.de? If you check betterwhois, you find that Eric le Blan owns the domain unXis.com, but if you go to Germany’s equivalent, denic.de, a familiar SCO name appears.

Hans Bayer, the former CEO for The SCO Group GmbH.

Is SCO selling assets to itself? is this the buyer Berger Singerman was showing? Are they bamboozling the judge and the world by faking a sale, which in turn enables them to raise funds to litigate against Linux and harass competitors?

This comes just shortly after IBM’s subpoena of unXis

IBM may have run out of patience with all the mystery about SCO’s proposed sale of assets to unXis. . So it has subpoenaed unXis…

If that seems as bad as it gets, then how about this? (accessible only to Groklaw members)

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]

What a bundle of joy. So SCO is again in the midst of criminal investigations. Groklaw rests its case.

Groklaw also has the SCO-unXis exhibits as plain text. It seems like another beginning of the end. More text from the March bankruptcy hearing is now available.

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”.

More here:

More bills to go over with a fine-toothed comb, and SCO has filed an third amended Schedule F for SCO Operations. That’s the list of unsecured creditors. Here’s the previous version, if you’d like to compare, and I hope you do, and the original [PDF].

Here are the other two bills. Follow the money. Always follow the money, even in Novell’s case.

“Microsoft hardly needs an SCO source license. Its license payment to SCO is simply a good-looking way to pass along a bribe…”

Bruce Perens

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

4 Comments

  1. David Gerard said,

    July 11, 2009 at 11:01 am

    Gravatar

    Hey, a minor amusing note from Wikipedia:

    When Google Chrome OS was announced, the shills commented saying “uh this is just a copy of the Microsoft Gazelle browser OS ya rly.” Gazelle is of course vaporware – it exists only as a Microsoft Research paper, no product in sight. So I went to the Wikipedia article, which was a one-paragraph note with no third-party references. So I tagged it for “prospective deletion”, which means “this really needs either fixing or trashing soon thanks.” Within three hours, an IP editor came along and brought it up to just about minimum standard. So the article lives.

    The IP is there in the history, it’s 192.102.82.253, which is owned by … The SCO Group, Lindon UT!

    Not that there’s anything wrong with that, of course, SCO and Microsoft are completely separate entities, and good contributions from anywhere are most welcome. Yep.

    Roy Schestowitz Reply:

    Groklaw reckons Microsoft expands a little in Utah in order to employ/reward SCO employees.

  2. amd-linux said,

    July 11, 2009 at 2:20 pm

    Gravatar

    The SCO case has the potential to break Micro-Soft’s neck.

    If IBM should be able to proove that SCO is a MS puppet and MS stiffles deliberately IBM’s Linux business, the damages for which IBM might sue Micro-Soft will well exceed all cash reserves of Micro-Soft.

    And somehow I feel that we are getting closer to the day when IBM finally decides to go after he puppet master.

    Roy Schestowitz Reply:

    I’d say with sarcasm that Microsoft will probably have him “suicided”* before IBM gets to The Puppet Master. There is one Microsoft employee who dived out his office window in WA some months ago, but it is not related.

    __
    * suicided is a term used to describe deaths like that of Doctor Kelly, where the secrets kept by the victim are too sensitive to make a suicide easily believable.

What Else is New


  1. Yes, Battistelli's Ban on EPO Strikes (or Severe Limitation Thereof) is a Violation of Human Rights

    Battistelli has curtailed even the right to strike, yet anonymous cowards attempt to blame the staff (as in patent examiners) for not going out of their way to engage in 'unauthorised' strikes (entailing dismissal)



  2. Even the EPO's Administrative Council No Longer Trusts Its Chairman, Battistelli's 'Chinchilla' Jesper Kongstad

    Kongstad's protection of Battistelli, whom he is supposed to oversee, stretches to the point where national representatives (delegates) are being misinformed



  3. Thanks to Merpel, the World Knows EPO Scandals a Lot Better, But It's a Shame That IP Kat Helped UPC

    A look back at Merpel's final post about EPO scandals and the looming threat of the UPC, which UPC opportunists such as Bristows LLP still try hard to make a reality, exploiting bogus (hastily-granted) patents for endless litigation all around Europe



  4. EPO Critics Threatened by Self-Censorship, Comment Censorship, and a Growing Threat to Anonymity

    Putting in perspective the campaign for justice at the EPO, which to a large degree relies on whistleblowers and thus depends a great deal on freedom of the press, freedom of speech, and anonymity



  5. Links 25/3/2017: Maru OS 0.4, C++17 Complete

    Links for the day



  6. Judge and Justice Bashing in the United States, EPC Bashing at the EPO

    Enforcement of the law based on constitutional grounds and based on the European Patent Convention (EPC) in an age of retribution and insults -- sometimes even libel -- against judges



  7. Looking for EPO Nepotism? Forget About Jouve and Look Closely at Europatis Instead.

    Debates about the contract of Jouve with the EPO overlook the elephants in the room, which include companies that are established and run by former EPO chiefs and enjoy a relationship with the EPO



  8. Depressing EPO News: Attacks on Staff, Attacks on Life, Brain Drain, Patents on Life, Patent Trolls Come to Germany, and Spain Being Misled

    A roundup of the latest developments at the EPO combined with feedback from insiders, who are not tolerating their misguided and increasingly abusive management



  9. It Certainly Looks Like Microsoft is Already Siccing Its Patent Trolls, Including Intellectual Ventures, on Companies That Use Linux (Until They Pay 'Protection' Money)

    News about Intellectual Ventures and Finjan Holdings (Microsoft-funded patent trolls) reinforces our allegations -- not mere suspicions anymore -- that Microsoft would 'punish' companies that are not paying subscription fees (hosting) or royalties (patent tax) to Microsoft and are thus in some sense 'indebted' to Microsoft



  10. Links 24/3/2017: Microsoft Aggression, Eudyptula Challenge Status Report

    Links for the day



  11. Bernhard Rapkay, Former MEP and Rapporteur on Unitary Patent, Shoots Down UPC Hopes While UPC Hopefuls Recognise That Spain Isn't Interested Either

    Germany, the UK and Spain remain massive barriers to the UPC -- all this in spite of misleading reports and fake news which attempted to make politicians believe otherwise (for political leverage, by means of dirty lobbying contingent upon misinformation)



  12. Links 23/3/2017: Qt 5.9 Beta, Gluster Storage 3.2

    Links for the day



  13. The Administrative Council of the European Patent Organisation Has Just Buried an Innocent Judge That Battistelli Does Not Like

    An innocent judge (never proven guilty of anything, only publicly defamed with help from Team Battistelli and dubious 'intelligence' gathering) is one of the forgotten casualties of the latest meeting of the Administrative Council (AC), which has become growingly complicit rather than a mere bystander at a 'crime' scene



  14. Nepotism at the European Patent Office and Suspicious Absence of Tenders for Big Projects

    Carte blanche is a French term which now perfectly describes the symptoms encountered in the European Patent Office, more so once led by a lot of French people (Battistelli and his friends)



  15. “Terror” Patent Office Bemoans Terror, Spreads Lies

    Response to some of the latest utterances from the European Patent Office, where patently untruthful claims have rapidly become the norm



  16. China Seems to be Using Patents to Push Foreign Companies Out of China, in the Same Way It Infamously Uses Censorship

    Chinese patent policies are harming competition from abroad, e.g. Japan and the US, and US patent policy is being shaped by its higher courts, albeit not yet effectively combating the element that's destroying productive companies (besieged by patent trolls)



  17. 22,000 Blog Posts

    A special number is reached again, marking another milestone for the site



  18. The EPO is Lying to Its Own Staff About ILO and Endless (Over 2 Years) EPO Mistrials

    The creative writing skills of some spinners who work for Battistelli would have staff believe that all is fine and dandy at the EPO and ILO is dealing effectively with staff complaints about the EPO (even if several years too late)



  19. EPO’s Georg Weber Continues Horrifying Trend of EPO Promoting Software Patents in Defiance of Directive, EPC, and Common Sense

    The EPO's promotion of software patents, even out in the open, is an insult to the notion that the EPO is adhering to or is bound by the rules upon which it maintains its conditional monopoly



  20. Protectionism v Sharing: How the US Supreme Court Decides Patent Cases

    As the US Supreme Court (SCOTUS) starts delivering some decisions we take stock of what's to come regarding patents



  21. Links 22/3/2017: GNOME 3.24, Wine-Staging 2.4 Released

    Links for the day



  22. The Battistelli Regime, With Its Endless Scandals, Threatens to Crash the Unitary Patent (UPC), Stakeholders Concerned

    The disdain and the growing impatience have become a huge liability not just to Battistelli but to the European Patent Office (EPO) as a whole



  23. The Photos the EPO Absolutely Doesn't Want the Public to See: Battistelli is Building a Palace Using Stakeholders' Money

    The Office is scrambling to hide evidence of its out-of-control spendings, which will leave the EPO out of money when the backlog is eliminated by many erroneous grants (or rejections)



  24. In the US Patent System, Evolved Tricks for Bypassing Invalidations of Software Patents and Getting Them Granted by the USPTO

    A roundup of news about patents in the US and how the patent microcosm attempts to patent software in spite of Alice (high-impact SCOTUS decision from 2014)



  25. “Then They Came For Me—And There Was No One Left To Speak For Me.”

    The decreasing number of people who cover EPO scandals (partly due to fear, or Battistelli's notorious "reign of terror") and a cause for hope, as well as a call for help



  26. As Expected, the Patent Microcosm is Already Interfering, Lobbying and Influencing Supreme Court Justices

    The US Supreme Court (SCOTUS) is preparing to deliver some important decisions on cases with broad ramifications, e.g. for patent scope, and those who make money from patent feuds are attempting to alter the outcome (which would likely restrict patent scope even further, based on these Justices' track record)



  27. Intellectual Ventures -- Like Microsoft (Which It Came From) -- Spreads Patents to Manifest a Lot of Lawsuits

    That worrisome strategy which is passage of patents to active (legally-aggressive) trolls seems to be a commonality, seen across both Microsoft and its biggest ally among trolls, which Microsoft and Bill Gates helped create and still fund



  28. What the Patent Microcosm is Saying About the EPO and the UPC

    Response to 3 law firms and today's output from them, which serves to inform or misinform the European public at times of Big Lies and fog of (patent) war, revealing the true nature of 21st century asymmetric patent warfare and lobbying



  29. Tough Day for the EPO's Media/Press/PR Team, Trying 'Damage Control' After Important Techrights Publications

    In an effort to save face and regain a sense of legitimacy the EPO publishes various things belatedly, and only after Techrights made these things publicly known and widely discussed



  30. Links 21/3/2017: PyPy Releases, Radeon RX Vega, Eileen Evans at Linux Foundation

    Links for the day


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