11.23.08

Gemini version available ♊︎

SCO: Always Losing Redundant Court Cases, But Winning Mysterious Funds

Posted in GNU/Linux, Microsoft, Novell, SCO, UNIX at 7:09 am by Dr. Roy Schestowitz

“[Microsoft's] Mr. Emerson and I discussed a variety of investment structures wherein Microsoft would ‘backstop,’ or guarantee in some way, BayStar’s investment…. Microsoft assured me that it would in some way guarantee BayStar’s investment in SCO.”

Larry Goldfarb, Baystar, key investor in SCO

THE END OF AN ERA SEEMS NEAR AS SCO CASE EXPERTS over at Groklaw continue to track and record the company’s every move, not just in the courtroom. From the latest account:

SCO Files an Amended Schedule F

SCO, or more precisely, SCO Operations has filed an amended Schedule F [PDF], its list of unsecured nonpriority creditors, or in bankruptcy lingo “creditors holding unsecured nonpriority claims”.

[...]

SUSE? I wonder what they owe to them and why.

Then came the preparation for bankruptcy and the ruling.

There is a bankruptcy hearing scheduled for November 20th, and there’s a Notice of Matters Scheduled for Hearing [PDF] just filed that tells us that the issue of the constructive trust has been resolved “in principal” and there will be a stipulation or consensual order filed. Good Golly, Miss Molly. Is Novell finally going to see some of its money from SCO? Has somebody sprinkled fairy dust in the air or something?

Novell will hopefully receive no money because the company continues to just hurt GNU/Linux as a whole. The final judgment soon arrived, claiming Novell victorious.

The final judgment [PDF] from Utah is here at last. It recites what the August 10, 2007 and July 16, 2008 orders said, but it also resolves the recent dispute over SCO’s desire to voluntarily waive some claims and then bring them back to the table after an appeal, should it prove successful. Here’s SCO’s motion to voluntarily dismiss, and Novell’s response, so you can verify that this judgment indeed represents another loss for SCO. You’ll see that it was Novell that suggested the wording regarding SCO’s voluntarily dismissed claims that we see in the judgment, that they be dismissed “without the possibility of renewal following appeal.”

This was also covered by IDG, which cites Groklaw as its primary source.

Another chapter in the lengthy legal saga between SCO and Novell is closed, with the release of a final judgment by a Utah court on Thursday.

[...]

Prior to that ruling, the long-running dispute served as a threat to Linux users who might have feared legal action from SCO. SCO had charged IBM with copyright infringement over the use of Unix, a charge the court essentially said wasn’t valid.

Don’t ever allow the revisionist interpretation that Novell entered this to ‘rescue’ Linux. It was pulled into it by SCO. Either way, Groklaw also believes that SCO is going nowhere fast.

SCO Bankruptcy: SCO Withdraws Motion Re Confidentiality

[...]

Without prejudice. Lovely SCO touch. If a creditors committee is suddenly formed, SCO is ready. Why now? I’m only guessing but probably they are tying off loose ends, because their time to file a reorganization plan is almost up. And despite investors being “so excited about the business prospects of working with SCO” that Stephen Norris mentioned at SCO’s Tec Forum, so far nothing in writing to file with the court, so it does begin to look like the clock may run out first. What a surprise. Look for a December 31st filing. Oh, wait. SCO shuts down for Christmas, I seem to recall, and recovers slowly. They are “officially” closed from December 24th until January 1st, so I’m thinking we might look for something by the 24th, unless SCO’s participation isn’t required to file later.

The funny stories around Norris and some possible connections with Microsoft were previously discussed in [1, 2, 3, 4, 5, 6, 7]. UserFriendly seems to be celebrating already (see image below), but this does not rule out Novell/Microsoft, which play a similar game to SCO', albeit at a patents level (as opposed to copyrights).

SCO fat lady signing

Source: UserFriendly

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Gemini Protocol's Originator: “I Continue to Care About This Project and I Care About the Community That Has Formed Around It.”

    'Solderpunk' is back from a long hiatus; this bodes well for Geminispace, which grew fast in spite of the conspicuous absence



  2. Bulgarian Like Bavarian Serfdom

    Bulgarian politics seem to have played a big role in selecting chiefs and delegates who backed Benoît Battistelli‘s unlawful proposals, which treat workers almost like slaves and ordinary citizens as disposable ‘collaterals’



  3. The EPO’s Overseer/Overseen Collusion — Part XXIII: The Balkan League - Bulgaria

    Today we examine the role of Bulgaria in Benoît Battistelli‘s liberticidal regime at the EPO (as well as under António Campinos, from 2018 to present) with particular focus on political machinations



  4. Links 25/10/2021: New Slackware64-current and a Look at Ubuntu Budgie

    Links for the day



  5. Links 25/10/2021: pg_statement_rollback 1.3 and Lots of Patent Catchup

    Links for the day



  6. Microsoft GitHub Exposé — Part III — A Story of Plagiarism and Likely Securities Fraud

    Today we tread slowly and take another step ahead, revealing the nature of only some among many problems that GitHub and Microsoft are hiding from the general public (to the point of spiking media reports)



  7. [Meme] [Teaser] Oligarchs-Controlled Patent Offices With Media Connections That Cover Up Corruption

    As we shall see later today, the ‘underworld’ in Bulgaria played a role or pulled the strings of politically-appointed administrators who guarded Benoît Battistelli‘s liberticidal regime at the EPO



  8. IRC Proceedings: Sunday, October 24, 2021

    IRC logs for Sunday, October 24, 2021



  9. Links 25/10/2021: EasyOS 3.1 and Bareflank 3.0

    Links for the day



  10. The Demolition of the EPO Was Made Possible With Assistance From Countries That Barely Have European Patents

    The legal basis of today's EPO has been crushed; a lot of this was made possible by countries with barely any stakes in the outcome



  11. The EPO’s Overseer/Overseen Collusion — Part XXII: The Balkan League - North Macedonia and Albania

    We continue to look at Benoît Battistelli‘s enablers at the EPO



  12. Links 24/10/2021: GPS Daemon (GPSD) Bug and Lots of Openwashing

    Links for the day



  13. Links 24/10/2021: XWayland 21.1.3 and Ubuntu Linux 22.04 LTS Daily Build

    Links for the day



  14. IRC Proceedings: Saturday, October 23, 2021

    IRC logs for Saturday, October 23, 2021



  15. Links 24/10/2021: Ceph Boss Sage Weil Resigns and Many GPL Enforcement Stories

    Links for the day



  16. GAFAM-Funded NPR Reports That Facebook Let Millions of People Like Trump Flout the So-called Rules. Not Just “a Few”.

    Guest post by Ryan, reprinted with permission



  17. Some Memes About What Croatia Means to the European Patent Office

    Before we proceed to other countries in the region, let’s not forget or let’s immortalise the role played by Croatia in the EPO (memes are memorable)



  18. Gangster Culture in the EPO

    The EPO‘s Administrative Council was gamed by a gangster from Croatia; today we start the segment of the series which deals with the Balkan region



  19. The EPO’s Overseer/Overseen Collusion — Part XXI: The Balkan League – The Doyen and His “Protégée”

    The EPO‘s circle of corruption in the Balkan region will be the focus of today’s (and upcoming) coverage, showing some of the controversial enablers of Benoît Battistelli and António Campinos, two deeply corrupt French officials who rapidly drive the Office into the ground for personal gain (at Europe’s expense!)



  20. Links 23/10/2021: FreeBSD 12.3 Beta, Wine 6.20, and NuTyX 21.10.0

    Links for the day



  21. IRC Proceedings: Friday, October 22, 2021

    IRC logs for Friday, October 22, 2021



  22. [Meme] [Teaser] Crime Express

    The series about Battistelli's "Strike Regulations" (20 parts thus far) culminates as the next station is the Balkan region



  23. Links 23/10/2021: Star Labs/StarLite, Ventoy 1.0.56

    Links for the day



  24. Gemini on Sourcehut and Further Expansion of Gemini Space

    Gemini protocol is becoming a widely adopted de facto standard for many who want to de-clutter the Internet by moving away from the World Wide Web and HTML (nowadays plagued by JavaScript, CSS, and many bloated frameworks that spy)



  25. Unlawful Regimes Even Hungary and Poland Would Envy

    There’s plenty of news reports about Polish and Hungarian heads of states violating human rights, but never can one find criticism of the EPO’s management doing the same (the mainstream avoids this subject altogether); today we examine how that area of Europe voted on the illegal "Strike Regulations" of Benoît Battistelli



  26. The EPO’s Overseer/Overseen Collusion — Part XX: The Visegrád Group

    The EPO‘s unlawful “Strike Regulations” (which helped Benoît Battistelli and António Campinos illegally crush or repress EPO staff) were supported by only one among 4 Visegrád delegates



  27. [Meme] IBM Has Paid ZDNet to Troll the Community

    Over the past few weeks ZDNet has constantly published courses with the word "master" in their headlines (we caught several examples; a few are shown above); years ago this was common, also in relation to IBM itself; clearly IBM thinks that the word is racially sensitive and offensive only when it's not IBM using the word and nowadays IBM pays ZDNet — sometimes proxying through the Linux Foundation — to relay this self-contradictory message whose objective is to shame programmers, Free software communities etc. (through guilt they can leverage more power and resort to projection tactics, sometimes outright slander which distracts)



  28. [Meme] ILO Designed to Fail: EPO Presidents Cannot be Held Accountable If ILOAT Takes Almost a Decade to Issue a Simple Ruling

    The recent ILOAT ruling (a trivial no-brainer) inadvertently reminds one of the severe weaknesses of ILOAT; what good is a system of accountability that issues rulings on decisions that are barely relevant anymore (or too late to correct)?



  29. Links 22/10/2021: Trump's AGPL Violations and Chrome 95 Released

    Links for the day



  30. [Meme] How Corporate Monopolies Demonise Critics of Their Technically and Legally Problematic 'Products'

    When the technical substance of some criticism stands (defensible based upon evidence), and is increasingly difficult to refute based on facts, make up some fictional issue — a straw man argument — and then respond to that phony issue based on no facts at all


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

Recent Posts