Bonum Certa Men Certa

A Look at the Microsoft-funded SCO Lawsuit in Light of Newer Anti-Linux Microsoft Lawsuits

"...Microsoft wished to promote SCO and its pending lawsuit against IBM and the Linux operating system. But Microsoft did not want to be seen as attacking IBM or Linux."

--Larry Goldfarb, Baystar, key investor in SCO



Summary: As the SCO lawsuit falls deeper into oblivion, it is worth relating this to existing new lawsuits (TomTom and Melco, both settled)

YESTERDAY we came across this curious comment about Microsoft, which said: "if/when their revenue get down far enough... i will expect to see more lawsuits being initiated by MS.... when that start to happen.. MS will have officially "jumped the shark" as they say.."



Based on Larry Goldfarb's testimony (under oath), it seems safe to say that Microsoft has at the very least funneled money into SCO. Whether Microsoft is also responsible (in part) for initiating the SCO lawsuit is a separate question which we can only speculate about based on circumstantial evidence.

Apart from that, many reporters seem to have not paid attention to Microsoft's lawsuits against TomTom and against Melco. Both lawsuits were against Linux and they came directly from Microsoft. They came at a stage when SCO was too deep inside a hole, so its 'FUD factor' was pretty much annulled. For those who have not been following the SCO saga as of late, in chronological order we have:



With all these scandals behind, it turns out that unXis will not be allowed to buy SCO's assets after all. From The Register:

A US judge has blocked SCO's attempt to sell off part of its business in order to fund its ongoing litigation, and appointed a Chapter 11 trustee to oversee the company's next moves.

SCO was hoping to sell off some of its assets, in order to fund its court battle against IBM and Novell for claimed Linux licenses. For its part, SCO said it was glad not to be pushed into Chapter 7 - full liquidation of the firm.

[...]

Support from Microsoft added to suspicions that the case was designed to put litigation-wary enterprises off using Linux.


The next stage was this appointment of bankruptcy trustee

In the latest development to emerge from the sordid SCO saga, a bankruptcy judge has blocked SCO's proposed asset sale while denying Novell's motion to force the company in to Chapter 7 liquidation. In his decision, the judge says that SCO's hopes of successful litigation against prominent Linux vendors are like Samuel Beckett's play Waiting for Godot.

The SCO Group attempted to stave off liquidation in June by signing a last minute deal with Gulf Capital Partners and a tech firm called unXis. The terms of the agreement, which were finalized only moments before a court hearing, stipulated that SCO would sell its remaining UNIX assets for $2.4 million—a maneuver that could have potentially made it possible for SCO to continue pursuing its bogus litigation against the open source Linux operating system.


Groklaw was the centre of attention regarding this important development.

The judge in the SCO bankruptcy has ruled at last. SCO's motion to let it sell to unXis is denied. There could be an auction later. The motions to convert to Chapter 7 by IBM, Novell and the US Trustee's Office are also denied, but alternative relief is granted, and there will be a Chapter 11 trustee appointed. IBM and Novell agreed that a Chapter 11 Trustee was appropriate if he did not convert to Chapter 7, and that is what he has done. That means presumably that SCO management no longer run this show.


There are over 820 comments on that one (which is a rare number by all means) and Heise covered it too, summarising it thusly:

A Chapter 11 trustee has been commissioned to take over the business affairs of the SCO Group, which is threatened by bankruptcy. The trustee will work to guide the company out of the impending bankruptcy according to Chapter 11 of US bankruptcy code, but can also send the company into liquidation according to Chapter 7 and auction individual company assets to the highest bidder. With this order, the Bankruptcy Court in Delaware has removed SCO's executive board.


Groklaw has a corresponding transcript.

The bankruptcy judge partly bought it, as you know, although he blocked the sale to unXis, questioning their good faith, which is of course why IBM and anyone would care about a sale to them, but for us, who have followed the SCO litigation so closely for six years now and saw SCO's malice toward Linux with no evidence on the table the public has ever seen, it's a wonderful laugh. SCO's "potent claims", indeed. What IBM and Novell "have done to SCO". SCO sued them, actually. And Novell prevailed totally against SCO's allegations of slander of title, which was what SCO sued Novell over, a claim which SCO humiliatingly lost. SCO is not appealing that claim. Just read it for yourself. Page 2 of SCO's appeal brief lists the issues on appeal, and SCO's claim of slander of title is not on the list.


Why doesn't SCO just give up? Is its goal to win this lawsuit or just to prolong the agony and -- along with it -- the fear, the uncertainty, and the doubt?

"[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



Recent Techrights' Posts

linuxsecurity.com Still At It! 98% Probability Chatbot Generated, According to GPTZero!
"The Internet is mostly made by AI... but that's ok, it's all being deleted anyway."
 
Ireland Exits Microsoft's Vista 11
Microsoft can't be doing too well in Ireland because Microsoft had tons of layoffs in that country last year
A Recognition for Hard Work
Running this site is a lot of work
The Web We Lost...
Vintage War Censorship Poster...
Daniel Pocock (IND) in European Election Debate
In this segment he speaks of the effects of social control media and phones on children
[Meme] Next Target: Sub Domains
Deb.Ian.Community
The "D" in Debian Stands for Dictatorship That Extents to Censorship at DNS Level
Of course the registrar, which charged for domains until 2025, just went along with it
In Republic of (South) Korea, as of This Month, Android Climbs to Record High of 48%
Judging by statCounter anyway
"Linux" is Second-Class Citizen at IBM
sends the wrong message to Red Hat staff and Red Hat clients
Links 24/05/2024: More Software Patents Invalidated (US), New Fights to Protect Free Speech
Links for the day
"You Touched the Wrong Lady"
What Rianne wrote more than 8 months ago
Links 24/05/2024: Layoffs at LinkedIn and Election Interference Via Social Control Media
Links for the day
Getting a 'Thank You' From Software Freedom Conservancy (SFC) Will Cost You $5,000 to $30,000 (Same as Last Year)
Right now one of their associates (SFC) tries to spend money to censor us
KDE Neon Weirdness
Reprinted with permission from Ryan Farmer
Congratulations to Sirius Open Source, Still Claiming to Employ People Who Left Half a Decade Ago (or More!)
What signal does that send to con men?
[Meme] Bluewashing
Cent OS? No more.
IRC Proceedings: Thursday, May 23, 2024
IRC logs for Thursday, May 23, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Tenfold Increase for ChromeOS+GNU/Linux in Brunei
Brunei Darussalam is a country most people don't know about and never even heard about
Coming Soon: Another Round of 'Cancel Stallman' Chorus
The series required a great deal of patience
Links 23/05/2024: SeekOut Collapsing and Why Microsoft Probably Isn’t Going to Buy Valve
Links for the day
Gemini Links 23/05/2024: The Allure of Vinyl
Links for the day
Links 23/05/2024: Apple Responds to Streaming Music Fine, DOJ to Sue Live Nation
Links for the day
Links 23/05/2024: UK General Election and Archival
Links for the day
[Video] 3 Major Issues in Nationwide, Including (Potentially) a Major Data Breach
'electronic-bank' security has become the joke of the town
[Meme] Pointing Out Corruption Isn't a "Hate Crime"
The European Commission's reflexive (re)action to any sort of doubt or criticism
More Evidence in "iLearn AI Day" (a Buzzwords Festival) That EPO Intends to Eliminate Staff and Deviate Further Away from Fairness, Law, and Constitutions (Including Its Own!)
The EPO is a very potent danger to Europe's unity and the very concept of lawfulness. It exists to serve international monopolists and patent lawyers.
Microsoft's Windows Has Fallen Below 3% in Democratic Republic of the Congo (100+ Million Citizens)
Microsoft's sharp fall in Congo
The Real Reason Censorship is Attempted Against Us (and Against Others Too)
Microsoft's Windows market monopoly was in trouble
You Are Not The Only One
Reprinted with permission from Cyber Show (C|S)
GNU/Linux in Monaco: From 0.3% to Almost 6%
Monaco is a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 22, 2024
IRC logs for Wednesday, May 22, 2024
Microsoft Has Lost Cote D'ivoire (Ivory Coast), Where Android Now Exceeds 60% of the Operating Systems' 'Market Share'
According to statCounter anyway
The Rumour Said Later Today Red Hat (IBM) Might Announce Layoffs
Let's see what happens later today (or next week)
Governments That Fail Journalism
Australia is known for giving us pure garbage like Rupert Murdoch
Windows Has Fallen From 'Grace'
When you tell people that Microsoft watches their every move in Windows many of them will freak out and ask for alternatives
Serbia: GNU/Linux at Almost 4% (or Beyond if ChromeOS is Counted)
considerable growth for GNU/Linux
Links 22/05/2024: China in Other Countries' Islands, Growing Threat of Piracy
Links for the day
Gemini Links 22/05/2024: Freedom Through Limitation, Cloud Photos
Links for the day
Canonical Supports Monopoly
more of the same
A farewell to Finland, an occupied territory
Finland, Finland, Finland
Links 22/05/2024: "Copilot+" as Mass Surveillance and Microsoft Defying Consent in Scarlett Johansson's Case
Links for the day
[Meme] Escalating After Failures
4 stages of cancel culture
Red Hat Had 2+ Days to Deny Reports of Impending Layoffs. But Red Hat Chose to Keep Silent.
Red Hat DOES NOT deny layoffs on the way
Microsoft-Connected Person Was Threatening to Sue Me and to Sue My Wife (Because His Feelings Were Hurt After Had He Spent More Than a Decade Defaming Me and Violating My Family's Dignity, Privacy)
litigation was chosen and we shall defend everything we wrote
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 21, 2024
IRC logs for Tuesday, May 21, 2024
Attempts to Sink the Free Software Movement (Under the Guise of Saving It)
We can see who's being drowned
Czech Republic: Windows Down From 98% to 43%, GNU/Linux Rises to Over 3%
modest gains for GNU/Linux
Links 22/05/2024: Pixar Layoffs and More Speculation About Microsoft Shutdowns/Layoffs (Ninja Theory)
Links for the day
Microsoft-Connected Sites Trying to Shift Attention Away From Microsoft's Megabreach Only Days Before Important If Not Unprecedented Grilling by the US Government?
Why does the mainstream media not entertain the possibility a lot of these talking points are directed out of Redmond?