Bonum Certa Men Certa

Darl McBride Could Soon be Removed from Power

Jobless



Summary: SCO's Trustee may remove the management

THE recent decision about UNIX meant very little when it comes to Linux. Not only does it fail to change SCO's empty case, but it also neglects the importance of the fact that SCO will be partly managed (and supervised) by an outsider. Heise has some more details that are rather enlightening:

In addition to being in charge of the course of the SCO Group, Cahn is also responsible for securing the rights of its creditors. One subject of interest among the recent Groklaw comments on the case was the removal of the management team and CEO Darl McBride's loss of power.


Would it not be fascinating to see Darl McBride forced out?

The following new analysis concurs:

NOVELL AND LINUX USERS heard some disappointing news on Monday when the US 10th Circuit Court of Appeals reversed four of the lower court's August 2007 slam-dunk summary judgment decisions in favour of Novell in the SCO v. Novell lawsuit.

[...]

We say there 'might' be a jury trial for two reasons.

First, SCO is still in bankruptcy court in Delaware, and Judge Kevin Gross just appointed a Chapter 11 Trustee yesterday to take over full control of the company. The Trustee, former chief US District Judge for the Eastern District of Pennsylvania Edward Cahn, will now have to decide whether to continue to pursue SCO's dream of extracting billions from its former course of disastrous, kamikaze litigation and threats against Linux users. Indeed, that decision will be one of his first major obligations, according to the bankruptcy judge's remarks in his ruling when he decided to appoint a Trustee.

The Trustee could decide that the interests of SCO's bankruptcy estate and its creditors won't be well served by pursuing the SCO v. Novell litigation, and may seek to pay Novell all or at least some of what SCO owes it and settle the matter instead, in which case there won't be a jury trial.

Second, there's also the fact that SCO is just about totally broke now, having spent most of its - or rather, Novell's - money on bankruptcy lawyers and chasing several improbable and ultimately unsuccessful financial cliffhanger schemes with a cast of shadowy players.

Along with deciding whether SCO's programme of anti-Linux litigation has merit and shows promise for benefiting the company's estate, the Trustee will also have to decide (a) whether SCO can still afford to pursue that litigation, and (b) whether SCO will be able to survive as a viable business and avoid final liquidation in Chapter 7 bankruptcy.

SCO management's approach was to pin all its hopes on its daft litigation strategy, of course, but that in itself was one of the bankruptcy judge's main reasons for directing that a Trustee be appointed, thus removing SCO's management from control.


So SCO is almost back where it started. The effect of the recent ruling is exaggerated as SCO is broke and its most ardent opponents of GNU/Linux may no longer be in control of the company.

Comments

Recent Techrights' Posts

SLAPP Censorship - Part 103 Out of 200: Telling People What They Know and Don't Know About Death Threats They Receive
patronising letters sent on behalf of the Serial Strangler from Microsoft
IBM Genies in the Bottle
for ordinary people working who at at IBM, it's not hard to see that IBM is floundering
European Patent Office (EPO) Series: The Centre (in Portugal) Falls Apart…
Luís Montenegro became embroiled in a conflict-of-interest controversy
Links 10/06/2026: More Microsoft Layoffs, Sweden to "Ban Mobile Phones in Schools"
Links for the day
 
Links 11/06/2026: Disputes Over Copyright Infringement, Failure to Meet Climate Goals, "ChatGPT Caught Recommending “Products” That Are Just Scams"
Links for the day
Gemini Links 11/06/2026: Programmable Systems and Slop "is Coming for Your Serifs"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 10, 2026
IRC logs for Wednesday, June 10, 2026
Links 11/06/2026: LF Openwashing of Slop and "Azerbaijan Bans TikTok and Other Social Media Apps in School"
Links for the day
IBM Lost About 18% of Its "Market Value" This Month
In IBM's case, a lot of the latest "pump" was Arvind's "quantum" hype/fantasy
Gemini Links 10/06/2026: Signal to Noise, Cancer, and Permacomputing
Links for the day
Communities and "Prosumers."
today's meetup will be about community
Gemini and Gopher Links 10/06/2026: Roasting, Changes, and Harms of Slop
Links for the day
Microsoft Azure Shrinking With More Mass Layoffs
"Reports suggest the layoffs will impact close to 200 out of 400 workers, who are set to cease employment at Azure on July 6"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 09, 2026
IRC logs for Tuesday, June 09, 2026
European Patent Office (EPO) Series: The Centre-Right "Social Democratic Party" in Portugal
Quite an achievement for a former Maoist radical and aspiring champion of the Portuguese proletariat to be invited to join Goldman Sachs
SLAPP Censorship - Part 102 Out of 200: Maybe One Day Whistleblowers From Brett Wilson LLP Will Tell Us What Really Happened
Maybe one day some former staff of Brett Wilson LLP will also approach us to blow the whistle
What LibreOffice and TDF Get Right About Document Formats (and What They Get Wrong)
OOXML is a phantom - it is something nobody implements, not even Microsoft!
Gemini Links 09/06/2026: "The Mist of the Lands Between", Board Game Concept
Links for the day
2026: The Year Slop Companies "Made an Exit" (Threw in the Towel Over to Wall Street)
Remember 2026 as the year two major slop companies (which we won't name) sought an IPO
Links 09/06/2026: NSO Group still cracking, "FOI tribunal throws out £14k costs claim against journalist Barnie Choudhury"
Links for the day
Links 09/06/2026: "Smartphones Broke Dating" and "EU Open Source Strategy"
Links for the day
Cannot Speak About IBM Wrongdoing or Jobs Being Sent Overseas (Lower Salaries)
IBM has long attacked the media, the whistleblowers, and even online forums
European Patent Office (EPO) Series: The CIA-Funded Centre-Left in Portugal
In the political turmoil which followed the fall of the old regime, the communists seemed to be acquiring a dominant position and there was a very real risk that Portugal could end up aligned with the Eastern Bloc if they were not stopped
This Coming Friday
Richard Stallman (RMS)
Yesterday Afternoon The Register MS Published a Fake Article That Says "AI" 31 Times Because It Got Paid to Do This
What will happen when all those loans for slop (Ponzi scheme) stop and companies' marketing budgets - which include media bribes for hype campaigns - are no more?
Extraordinary General Meeting of Staff Union of the European Patent Office Ahead of Intensifying Strikes
We will, in the meantime, run a series about EPO corruption, which is now connected to corruption in Portugal and to corruption inside the EU
Several Slopfarms That Target "Linux" Seem to Have Died
Or perished severely
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 08, 2026
IRC logs for Monday, June 08, 2026
Gemini Links 09/06/2026: Tanana River, Cassette Beasts, and Emacs
Links for the day