Bonum Certa Men Certa

Just in Time: SCO Finds Another Cash Injection Proposal... from Former SCO Chairman

Money in Brazil



Summary: The company that just refuses to die suddenly finds a new fountain of cash and Microsoft continues to stifle Free software through infighting and infiltrations

MICROSOFT has a proven (and thus factual) history of putting money in SCO, which has been suing Linux for almost a decade, always finding some extra cash to fund more motions and ensure that the trial does not end. On numerous occasions in the past we showed that Alwaleed bin Talal, a friend and/or partner of Microsoft's Bill Gates, made his appearance in relation to investments in SCO [1, 2, 3, 4]. There are a few other examples like this (the firm of Bill Gates' father for example), where Microsoft seemed like it was still funding these baseless lawsuits against Linux. Well, according to Groklaw, Ralph Yarro wanted to give a couple of million to SCO just a short while ago:



You've been expecting this, I'm sure. Ralph Yarro wants to loan SCO some money, $2 million, or more accurately up to $2 million, and the SCO trustee, Edward Cahn, wants to let him. It's all at "arm's length" and "in good faith" negotiations with this SCO insider, don't you know. So, does this mean nobody else wants to fund SCO? No potential buyers? Just Ralph? And Cahn asks the court to please shorten the time to handle the motion. Is SCO on its last legs or something?

The motion calls Yarro the "former Chairman" of SCO's board of directors. See all the stuff you can hide if you don't file MORs or with the SEC, despite being a public company? Say, didn't Cahn promise to file those MORs by now? What, they look too awful? Still, they're supposed to be filed. Well, well. SCO's MO seems to be catching. Delay, delay, delay while they keep their greedy hand reaching desperately for the brass ring.
"The Trustee is advised that Seung Ni Capital Partners, L.L.C. is a newly formed entity formed by Ralph J. Yarro III (“Yarro”) and was created for the purpose of providing postpetition financing to the Debtors. Since Yarro is the former Chairman of the Debtors’ Board of Directors and the Debtors’ largest shareholder, Yarro is an insider pursuant to Bankruptcy Code section 101(31). See 11 U.S.C. €§ 101(31). The Trustee represents that at all times the negotiations among the Trustee, his advisors and Yarro were at arms-length and in good faith."
Wait. Look at page 2. It's a loan from Ralph in public and "other lenders from time to time". Uh oh. Page 3:
9. In accordance with the Credit Agreement, additional Lenders may also make loans to the Debtors under the Credit Facility from time to time.
Not another weirdo deal with shadows... Remember the York deal in 2007, speaking of shadows? It was a Super Dooper Senior Secured Super-Priority Credit Agreement too. We'd better look at the exhibits, which set forth the precise terms. I'll swing back by after I do that.

[...]


The H has coverage of this too.

In the dispute between the SCO Group and Novell about the copyright for Unix, the new jury trial scheduled to begin on the 8th of March is apparently set to go ahead: according to a statement by Chapter 11 trustee Edward Cahn, SCO's majority owner Ralph Yarro wants to inject a loan of $2 million dollars into the financially stricken company.

Legal observers at Groklaw reported that Ralph Yarro intends to finance the loan via his investment company, Seung Ni Capital Partners. The loan is termed to run for a year at an interest rate of 6.6%. SCO will have to repay the loan before settling its other open debts. Among these is a court order to pay $2.5 million to Novell. Earlier, trustee Cahn had told the bankruptcy court that SCO was in urgent need of further funding if it was to survive the new trial. The trustee said that without further funding he would not be able to continue SCO's business.


Pogson wrote about the duration of this. The longer it goes on, the more Microsoft benefits. It provides FUD against Linux.

Presumably Novell will soldier on with this handicap and SCO gets to bring up years of irrelevant evidence as it did before. How the trial can go in two or three weeks with this Pandora’s box now opened is beyond me.

Another strange thing. The judge made his ruling without a hearing… That can happen if the matter is clear but there is obviously a dispute. Why not have it out in a hearing? I fear the fix is in. SCO is getting everything its own way, even having Utah law applied to a California contract. Novell will have to start all over again in SCOTUS. How many years will it take?


Other new articles from Groklaw (regarding SCO) are:



More filings can be found here.

What's also worth commenting and remarking about is Microsoft's OSBC keynote. Darryl Taft wrote about it, but he changed his headline (or maybe the editor did) from "Microsoft to Spread Open Source Love at Business Conference" to "Microsoft to Talk Open Source at OSBC". Why the sudden change?

In any case, Dana Blankenhorn wrote about this too and he used a provocative headline, namely "Will open source accept Microsoft leadership":

It will once again be a “platinum sponsor” at the Open Source Business Conference in San Francisco next month and its National Technology Officer for the U.S., Stuart McKee, will deliver a keynote.


At Groklaw, Pamela Jones wrote: "This is where precise language matters. Free Software, the F in FOSS, will never accept Microsoft's "leadership", since that leadership has given evidence of attempting to destroy or make useless the GPL and has actively FUDed against Linux, threatening it with patents. Besides, their software is poorly designed, in the community's view, so leadership to where? to what? for whose benefit? If you read the exhibits in the Comes v. Microsoft litigation, you'll find there have been earlier "charm offensives", as Dana calls it, and they were indeed for the purpose of destroying competitors. So the real answer to Dana's question is, only if they're stupidly naive."

“If you read the exhibits in the Comes v. Microsoft litigation, you'll find there have been earlier "charm offensives", as Dana calls it, and they were indeed for the purpose of destroying competitors.”
      --Pamela Jones
Regarding the CodePlex Foundation picking Paula Hunter as Executive Director (we covered this in [1, 2, 3]), Jones quotes Andy Updegrove: "As you'll see from the announcement, one of Paula's prior jobs was as the Executive Director of UnitedLinux. UL was a client of mine, and that's where I first met Paula. And if you've never heard the saga of UL, it's a rather fascinating story.

"Since it was a client, I can't go into many details, but suffice it to say that it was an early casualty of SCO's maniacal and misguided obsession with trying to tax the development of Linux."

"And now she works for Microsoft's Codeplex," says Jones. It's a small world when Microsoft acquires what only looks like competitors.

"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

Recent Techrights' Posts

Invitation to General Assembly After 1,200 EPO Workers Participated in the Demonstration 3 Days Ago
"the strike of 19 March was also very well followed."
SLAPP Censorship - Part 17 Out of 200: A Long Track Record of Online Abuse, Then Choosing a Low-Cost Law Firm to Muzzle People Who Have Illuminated This Abuse for Over a Decade
Censorship by targeting ISPs and webhosts isn't unprecedented
Symptom of Publishers Dying: They Move to Adopt Slop. Symptom of Software Companies Dying: They Move to Adopt Slop ('Vibe').
It'll always fail. It's hype. It's a bubble.
Under IBM, Red Hat Replaces Code With LLM Slop, Fedora is Slopware
Not even hiding it, those things are in plain sight
 
Links 21/03/2026: Metastablecoin Fragmentation and Crescent Moon
Links for the day
Gemini Links 21/03/2026: Historic Ada Docs; The Lurking LLM on the SmolNet
Links for the day
HSBC the Latest Failed Bank Using Slop as Excuse for Its Financial Failure
"HSBC is planning on cutting as many as 20,000 jobs in the near future as the company allies with AI revolution."
A/Prof Susan G Kleinmann, Enkelena Haxhija & Debian-private risk to MIT
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 20, 2026
IRC logs for Friday, March 20, 2026
Plagiarism in "Linux" Clothing (LLM Slop in linuxiac.com, LinuxTeck.com, and linuxsecurity.com)
The net effect of those slopfarms is very negative
Links 20/03/2026: Facebook Weaponised Politically, Openwashing by LF and NVIDIA, Encyclopedia Britannica Sues Microsoft Proxy for Plagiarism
Links for the day
The EPO's Local Staff Committee Munich (LSCMN) Explains to the Administrative Council (AC) How Bad Things Have Become at Europe's Second-Largest Institution, Biggest Patent Office, and Corruption/Cocaine Hub (Jobs Sold to Friends)
We'll say a bit more tomorrow
IBM's Red Hat Diversity: Only 3 Women (Out of 11 Leaders)
For comparison's sake, the FSF is about 50% female
Gemini Links 20/03/2026: Depictions of Culture and The Social Smolnet
Links for the day
SimilarWeb Was Never a Reliable Yardstick for Traffic
5RB may need some "house-cleaning"
Strangulation, suffocation, Jonathan Carter & Debian toxic culture confirmed
Reprinted with permission from Daniel Pocock
Reports or Hearsay Suggest Ogilvy Broke Up With IBM and Insiders Report Mass Layoffs in "Infrastructure" (Might Impact Red Hat Entrants)
hearsay in Social Control Media
Scheduled Server Maintenance Tomorrow Night
Starting 9PM
None of the Above (NotA) & Debian snubbing Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 20/03/2026: Cryptography Pioneers Win Turing Award and BMG Sues Anthropic for Copyright Infringement
Links for the day
Even Uganda Understands That Journalists Never Belong in Prison
"Ugandan authorities must respect the spirit of this ruling and abandon any measures that seek to jail Ugandans for the free flow of ideas."
Inaction Helps Your Enemies
Without freedom, there's nothing else left
Windows Down From 99% to ~50% in Republic of Seychelles (République des Seychelles)
Windows fell by a lot
"systemd is essentially a corporate IBM/Redhat project and corporations of course will comply"
Microsoft and IBM care about users' freedom like Cheeto Lump cares about the US Constitution
Confluent Insiders: IBM Laid Over Over 800 at Confluent, Not Just 800
For the record, the layoffs at Confluent won't be over. After the bluewashing there will be "IBM RAs" impacting Confluent folks, aside from PIPs
The Layoffs at IBM Carry on (Shades of Enron)
Is IBM another Enron?
"IBM boss Arvind Krishna... financial package valued at $38 million in calendar 2025 - equivalent to the average collective pay of 765 Big Blue workers."
continues to ruin the company to enrich himself while pretending he has a strategy
Gemini Links 20/03/2026: Digital Identity Bifurcation and a "Return to Gemini"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 19, 2026
IRC logs for Thursday, March 19, 2026
SLAPP Censorship - Part 16 Out of 200: Detailing the Actors and Explaining Techrights' Own Internet Relay Chat (IRC) Network
For those who have not followed our story
Microsoft "hiding behind bigger news of war, Epstein, other companies' layoffs"
They know what's coming, they just don't know when
Joerg Jaspert (Debian Account Manager/DAM) personally approved Raphael Hertzog's wife Sophie Brun
Reprinted with permission from Daniel Pocock
Letter 'A' prohibited by Code of Conduct extremism
Reprinted with permission from Daniel Pocock
Spoiler: Diversity & Debian means different things to different people
Reprinted with permission from Daniel Pocock
Solicitors Regulation Authority (SRA) Admits Failures and Criticism of Inaction on SLAPPs
many if not all solicitors and solicitor firms in the UK are in effect unregulated
Archiving or Preserving Pages About IBM Layoffs
Layoffs at IBM and the media does not talk about these
ABC, the American National Broadcaster, "Now Publishes Slop"
If the "big media" absorbs slop, it'll no longer be trusted and therefore not read/watched by the public
Links 19/03/2026: Culling Deepfakes of Artists’ Music and "Age Verification Isn’t the Answer"
Links for the day
Gemini Links 19/03/2026: "Aktion GPT-4" and "Kill All Descendants"
Links for the day
"AI" 15 Times in Short 'Article' From The Register MS. And The Register MS Got Paid to Publish It.
gets paid to do this
People Who Decided to Boycott Novell Over Its Microsoft Alliance Should Also Boycott Canonical
As an associate put it, "selling out further, due to Microsoft moles inside Canonical"
Links 19/03/2026: "AI Glasses" as Euphemism for Mass Surveillance and ABC (US) Has Begun Publishing Slop as 'News'
Links for the day
The European Patent Office, Europe's Second-Largest Institution, is on Strike Today
Lots more to come
What People Impacted by the Bluewashing Layoffs at IBM Confluent Say (While the Media Says Nothing at All, in Effect Burying the News)
Worse yet, the mainstream media spreads lies about it right now
IBM Has Turned Red Hat and Fedora Into Slop
This is IBM policy
IBM is Being Robbed, Companies and Jobs Are Destroyed
Companies taken over by IBM will be exploited and destroyed to keep a bubble inflated for a little while longer
In Confluent Layoffs, IBM Vapourises a Quarter of Its Workforce (IBM Buys Something That It Destroys Already)
In the past, such things were typically referred to as "media blackout"; now it's just "the norm".
IBM Effect at Confluent: Mass Layoffs and IBM's Business Conduct Guidelines (BCGs) Said to be Violated
For Confluent employees who survived the layoffs there will be "culture chock"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 18, 2026
IRC logs for Wednesday, March 18, 2026
Links 19/03/2026: LLM Fatigue (It Doesn't Work as Advertised), "Small Web Feeds"
Links for the day