Bonum Certa Men Certa

Darl McBride Could Soon be Removed from Power

Jobless



Summary: SCO's Trustee may remove the management

THE recent decision about UNIX meant very little when it comes to Linux. Not only does it fail to change SCO's empty case, but it also neglects the importance of the fact that SCO will be partly managed (and supervised) by an outsider. Heise has some more details that are rather enlightening:

In addition to being in charge of the course of the SCO Group, Cahn is also responsible for securing the rights of its creditors. One subject of interest among the recent Groklaw comments on the case was the removal of the management team and CEO Darl McBride's loss of power.


Would it not be fascinating to see Darl McBride forced out?

The following new analysis concurs:

NOVELL AND LINUX USERS heard some disappointing news on Monday when the US 10th Circuit Court of Appeals reversed four of the lower court's August 2007 slam-dunk summary judgment decisions in favour of Novell in the SCO v. Novell lawsuit.

[...]

We say there 'might' be a jury trial for two reasons.

First, SCO is still in bankruptcy court in Delaware, and Judge Kevin Gross just appointed a Chapter 11 Trustee yesterday to take over full control of the company. The Trustee, former chief US District Judge for the Eastern District of Pennsylvania Edward Cahn, will now have to decide whether to continue to pursue SCO's dream of extracting billions from its former course of disastrous, kamikaze litigation and threats against Linux users. Indeed, that decision will be one of his first major obligations, according to the bankruptcy judge's remarks in his ruling when he decided to appoint a Trustee.

The Trustee could decide that the interests of SCO's bankruptcy estate and its creditors won't be well served by pursuing the SCO v. Novell litigation, and may seek to pay Novell all or at least some of what SCO owes it and settle the matter instead, in which case there won't be a jury trial.

Second, there's also the fact that SCO is just about totally broke now, having spent most of its - or rather, Novell's - money on bankruptcy lawyers and chasing several improbable and ultimately unsuccessful financial cliffhanger schemes with a cast of shadowy players.

Along with deciding whether SCO's programme of anti-Linux litigation has merit and shows promise for benefiting the company's estate, the Trustee will also have to decide (a) whether SCO can still afford to pursue that litigation, and (b) whether SCO will be able to survive as a viable business and avoid final liquidation in Chapter 7 bankruptcy.

SCO management's approach was to pin all its hopes on its daft litigation strategy, of course, but that in itself was one of the bankruptcy judge's main reasons for directing that a Trustee be appointed, thus removing SCO's management from control.


So SCO is almost back where it started. The effect of the recent ruling is exaggerated as SCO is broke and its most ardent opponents of GNU/Linux may no longer be in control of the company.

Comments

Recent Techrights' Posts

SLAPP Censorship - Part 32 Out of 200: Garrett Made Spurious Requests (Later Withdrawn) the Same Week Someone He Later Spoke to by E-mail Sent Threats to Our Webhost
The "plot thickens" because there's a multi-party tag-team act, as confirmed by Garrett after he had sworn on the Bible
 
Links 04/04/2026: Social Control Media Verdict and Bans, Whistleblower (Axel Rietschin) Explains How "Microsoft Vaporized a Trillion Dollars"
Links for the day
Reaching the End/Event Horizon of LLM Slop
Are we moving towards a post-LLMs world?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day
SLAPP Censorship - Part 33 Out of 200: Garrett Sued by My Wife and I, Then His Microsoft Acquaintance Files Another Lawsuit and Our Webhost Receives Legal Threats Too
Today we also show how our solicitor Mark Lewis responded to it
Good Friday, Leaving IBM for Good
Even on holidays
Links 03/04/2026: Rejection of More Software Patents and Social Control Media in Several Continents
Links for the day
Malware in Proprietary Software - Latest Additions by Rob Musial
Original published yesterday in gnu.org
Visual Evidence/Documentation of IBM Dying Like the Dinosaurs
IBM has many of these giant white elephants lying around, with some getting demolished
Links 03/04/2026: USPTO’s Latest Greenwashing and Internet Blackouts Impact Journalists in War Zones
Links for the day
IBM is a Dying Company, Nowadays It Kills Red Hat With Slop
when your last day is a national holiday in IBM's country
"Independence Drives" and Community-Run Sites
Independence in reporting is a much-valued trait
When Charlatans Are Only Good at Losing Money and Storytelling (e.g. About Investment in Them)
Wait till a a barrel of oil costs $300
What Apple Fans Are Missing
Apple is a bad company
The "Pale Blue Dot" Moment Had Returned
To many people, the "bitter-sweet" observation of how small we are
Saudi Arabia Does Not Rely Much on Microsoft/Windows
Putting aside politics, this is good for Free software
Almost 12 Years of Exposing Corruption in Europe's Second-Largest Institution
The "unready" President is now an abandoned President
Easter Moon Mission and Its Reminder of IBM's Demise
A lot of NASA operations now rely on GNU/Linux
When Power is Scarce and GNU/Linux Has Power
In Cuba, GNU/Linux has long enjoyed high adoption rates
Don't Totally Dismiss the 'Survivalists'
'Survivalists' or similar terms are used to describe a particular mindset of people who prepare for some really awful scenarios
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 02, 2026
IRC logs for Thursday, April 02, 2026
A Much Better Use of Fuel Than Slop
Something positive for a change
Hoping for Peace
There are still many things to be enjoyed, including nature and kind people
Gemini Links 03/04/2026: "Slide Rule Triple Multiplication" and End of "Picture Pages"
Links for the day
Rumours of Microsoft Layoffs This Season
Just how much trouble is Microsoft in at this point?
GNU/Linux Measured at All-Time High in Sweden
Can 'influencers' have played a role
SLAPP Censorship - Part 31 Out of 200: Speaking About 20+ Years of Alleged Harassment/Defamation and High-Profile 'Targets' of Garrett
attempts were made to settle (in effect end the case) by the person who started the case almost half a dozen times along the way
In Asia, Windows is in Its Teens (Below 20%)
On a global scale, Windows is down to about 26%
GNU/Linux Becoming More Universal
It seems likely the end of Vista 10 coinciding with a sharp rise in memory prices (and now energy prices) will benefit GNU/Linux and therefore give us more to write about
Low Morale at IBM and Perception of Destructive Management
IBM is going nowhere, fast
Gemini Links 02/04/2026: Super Mario Galaxy Movie and New Antenna Instance
Links for the day
It Seems Like Google News Cracked Down on (Omitted, Delisted) a Lot of Slopfarms
There's no justification/point in spending so much energy just to plagiarise things poorly
Can Economies Like the American One Hang On?
The coming weeks will be "interesting" unless wars end
Steam Survey for Last Month Says 5.33% Use GNU/Linux
big leap for GNU/Linux
Links 02/04/2026: Science News, Energy Scarcity, Oil Sold in Yuan
Links for the day
Links 02/04/2026: Apple Turns 50, Efforts To Ban VPNs
Links for the day
Gemini Links 02/04/2026: Kubernetes With FreeBSD, OFFLFIRSOCH, and Great Circle Distance
Links for the day
Dr. Andy Farnell on Microsoft Silencing or Deplatforming Opposition in the UK and Elsewhere
Microsoft as a king or a kind of "religion" one cannot question
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 01, 2026
IRC logs for Wednesday, April 01, 2026