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08.13.12

SCO Said to be Dead (Liquidation Bankruptcy)

Posted in SCO at 2:41 am by Dr. Roy Schestowitz

Zombie

Summary: Reports on the end of SCO

THE history of SCO has been that of a dying company since Techrights started coverage on the subject. SCO taught us about Microsoft’s fights against Linux by proxy, among other things (more on that later today).

SJVN claims that SCO is really dead now. As he puts it in his blog: “SCO has ceased to be. It has expired and gone to meet its maker. It’s joined the choir invisible. This is an ex-company. With apologies to Monty Python’s Dead Parrot sketch, SCO, the company behind a series of foolish anti-Linux lawsuits, is finally really and truly dead.

“SCO, which has been in Chapter 11 bankruptcy since the fall of 2007, has now gone into Chapter 7 bankruptcy. The difference is that in chapter 11 there is some plan, albeit not very rational in SCO’s case, that the company can eventually return to normal business. In Chapter 7, all that’s left is to close and padlock the doors and then sell the furniture.”

Sean also suspects that this is the very end of SCO. He writes: “Two years ago, I wrote that SCO was (mostly) dead. Back in 2010, Novell won the critical ruling against SCO (once famously referred to as the ‘Smoking Crack Organization’ by Linus Torvalds), asserting the Novell and not SCO own the trademarks to Unix.

“At the time Groklaw declared: Stewart Rules: Novell Wins! CASE CLOSED!

“Fast forward two years, SCO is still kinda/sorta around, but not for much longer. Groklaw (love PJ!) has reported that SCO has now filed for Chapter 7 bankruptcy. A Chapter 7 bankruptcy is essentially a liquidation bankruptcy as opposed to Chapter 11 which is a reorganization effort.”

Brian Proffitt speaks as though SCO is already just history and recalls what it all meant for the present. “Looking back,” he writes, “it was one hell of a gamble by SCO. As a strategy, it was admittedly not a bad idea (in a soulless corporate sort of way): claim copyright infringement of their Unix code within Linux and start setting up licensing agreements with anyone and everyone running Linux on their servers.”

Wired says that SCO “filed for Chapter 7 bankruptcy, a step beyond the more common Chapter 11 bankruptcy status. It’s not the end of the road for the much-hated company, but it’s close.

Christine Hall says that “SCO Never Can Say Goodbye” and to quote part of her analysis: “I’d almost forgotten that SCO was still around until PJ at Groklaw reported the company was in the process of switching from Chapter 11 to Chapter 7. In bankruptcy talk that means the company’s stance has changed from we’re-going-to-come-out-of-this-alive to it’s-call-the-priest-for-last-rites-time. The trouble is, this is SCO, so you know it’s not going to be that simple. They’ll come up with some stupid request for the court that confounds logic, which they’ve done.”

Groklaw remains the source by which most bloggers seem to be evaluating SCO’s case. Hopefully, just hopefully, SCO can be left behind already. Attacks on Linux now take a different form that mostly relies on patents.

“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

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