SOME TIME ago we wrote about SCO and Chapter 7. SCO is at the stage where saying "goodbye" to it would be reasonable.
Law360, New York (May 12, 2009) -- Novell Inc. and IBM Corp. have asked a judge to convert UNIX software provider SCO Group Inc.'s bankruptcy from Chapter 11 to Chapter 7, claiming that SCO is squandering its estate on pointless copyright litigation against Novell and IBM.
Novell believes that SCO has completely failed to move forward with a workable Plan of Reorganization and has significantly depleted the company assets. Novell agrees with the United States Trustee that it is time for an independent evaluation of how to best preserve the estate for the benefit of SCO’s creditors and shareholders.
IBM and Novell have each filed motions in the SCO bankruptcy to convert the SCO Chapter 11 cases to Chapter 7. That makes three such motions. Here's the US Trustee's motion, if you are new. We're working on text versions. Keep in mind these are motions, not yet granted, and SCO can file objections and/or can still file a plan to try to abort the motions if anyone wishes to give them a truckload of money. Anyone?
Here at long last is the transcript [PDF] of the May 25, 2005 hearing in SCO v. Novell, and while it is dated, and even quaint in some respects, some of it is very timely because the arguments include some of the same or similar arguments heard in this week's hearing on the appeal, specifically what was Amendment 2 to the SCO-Novell Asset Purchase Agreement for? What did it achieve? Was it a copyright transfer?