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SCO Claims $15,300,000 From SCOsource

Hollins writes "Yesterday, SCO filed their latest 10-Q. In it, they claim over fifteen million dollars in revenue from their SCOsource initiative (mostly from Microsoft and Sun) with a decline in revenue from all other sources. A lot of interesting statements are in the 10-Q, including "The success of our SCOsource licensing initiative, at least initially, will depend to a great extent on the perceived strength of our intellectual property and contractual claims and our willingness to enforce our rights. Many, particularly those in the open source community, dispute the allegations of infringement that we have made"."

117 of 404 comments (clear)

  1. 10 Q by jeffkjo1 · · Score: 5, Funny

    10 Q Darl McBrides IQ anyone?

    1. Re:10 Q by Soko · · Score: 3, Funny

      Don't give him more credit than he deserves.

      Soko

      --
      "Depression is merely anger without enthusiasm." - Anonymous
    2. Re:10 Q by TWX · · Score: 4, Funny

      Ten-queue very much. I'll be here all week...

      Sorry, had to be done...

      --
      Do not look into laser with remaining eye.
    3. Re:10 Q by blitzoid · · Score: 5, Funny

      Oh god.

      It is SO fashionable to insult Darl McBride. But the fact is, that man is out there every night giving all he can to make us laugh, and it's always fresh material! And he's positively charming when he tries to sue people!

      --
      I am a filthy pirate.
    4. Re:10 Q by NotAnotherReboot · · Score: 3, Funny

      He doesn't even deserve to be called a moron (50-69) or an imbecile (20-49).

      He is clearly an idiot.

  2. Thank you, Captain Obvious. by Incoherent07 · · Score: 3, Insightful
    Many, particularly those in the open source community, dispute the allegations of infringement that we have made".

    Duh. You just tried to charge for Linux.

    --
    This is my sig. There are many others like it, but this one is mine.
  3. of course by Capt'n+Hector · · Score: 3, Insightful

    Well that's to be expected of Microsoft; by undermining Linux, their monopoly become even more powerful, even if it means giving millions away.

    --
    Quid festinatio swallonis est aetherfuga inonusti?
    Africus aut Europaeus?
    1. Re:of course by Tuqui · · Score: 3, Interesting

      I put it in another thread but your comment fall just in the point.
      It looks that M$ is using their money not only directly in fiaSCO contracts. You can see what is happening with SCOX stock too here

    2. Re:of course by cbreaker · · Score: 2, Insightful

      They can't buy Linux, so I'm sure they consider these expenditures along those same lines. Same objective: Kill the competition.

      --
      - It's not the Macs I hate. It's Digg users. -
  4. Slashdotted! by darnok · · Score: 3, Interesting

    Surprise, surprise, ...

    Does it mention in any more detail how this licence revenue has come in? Aside from MS and Sun, who else has paid up?

    I'm particularly interested in the number of people who've signed up for the $699 "bargain rate" for Linux licences

    1. Re:Slashdotted! by kfg · · Score: 5, Insightful

      According to people who have actually tried it it isn't even possible to sign up for a user license, at any rate.

      No license is actually available.

      It's all a big dog and pony show (with fake dogs and ponies) and even SCO staff are puzzled and frustrated, particularly the sales staff who actually have to tell people to take a hike.

      Cute, huh?

      KFG

    2. Re:Slashdotted! by MuParadigm · · Score: 5, Interesting

      They run into three problems if they actually try to send out those invoices.

      A) The obvious fraud charge that everyone has already discussed.

      B) Anyone who receives one of those invoices might try to challenge SCO's copyrights. Given that the presiding judge ruled ATT was "unlikely" to prevail on their copyright claims in the BSD case, SCO does not want to put their copyrights to the test in court.

      C) Anyone receiving one of those invoices might ask for declaratory judgement, requiring SCO to shut up.

      It's less a dog and pony show than a strip tease. And I really *don't* want to imagine Darl naked.

    3. Re:Slashdotted! by MuParadigm · · Score: 3, Funny


      Clarification: It's like a strip tease in that they never show what they promise to.

    4. Re:Slashdotted! by Vindicator9000 · · Score: 2, Funny
      SCO's managed to put its chances of IP lawsuit success into an equation!

      "The success of our SCOsource licensing initiative, at least initially, will depend to a great extent on the perceived strength of our intellectual property and contractual claims and our willingness to enforce our rights."

      S = Success

      X = Perceived strength of IP = 0

      Y = Perceived strength of contractual claims = 0

      S = X*Y*Z

      Let Z = SCO's willingness to enforce its "rights."

    5. Re:Slashdotted! by kfg · · Score: 3, Funny

      B) Anyone who receives one of those invoices might try to challenge SCO's copyrights. Given that the presiding judge ruled ATT was "unlikely" to prevail on their copyright claims in the BSD case, SCO does not want to put their copyrights to the test in court.

      I keep pointing this one out, and being told I'm an idiot in various ways, but the fact of the matter is that UNIX code has already been judicially reviewed and the result of that review suggests that SCO's magic bag of intellectual property is, and always was, empty.

      That's why the only "trick" they've managed to pull out of it so far is a cheap and tawdry contractual disagreement.

      Even that one is bogus and unimplemented in the vast majority of actual installs.

      It's less a dog and pony show than a strip tease. And I really *don't* want to imagine Darl naked.

      "Haah. Ah'm SCO. This is my brother Darl and this is my other brother Darl. We're the McIdiots. Would you lahk us to strip fer yew?"

      "No? How about we eat a dead rat, or business plan, or OS, or somethin'?"

      "Okey-dokey. Just give us yer money then."

      KFG

    6. Re:Slashdotted! by the_other_one · · Score: 3, Funny

      You have used "Mc" in your post.
      This is a violation of our Trademark.
      Our McLawyers will be contacting you shortly.

      McDonalds.
      Over 1000000 Sued!

      --
      134340: I am not a number. I am a free planet!
    7. Re:Slashdotted! by MuParadigm · · Score: 2, Interesting

      "32V is public domain, so their copyright bag isn't totally empty, but it's pretty damn bare."

      I was going to argue this, but then I realized what an excellent example it makes for "how public domain happens".

      For instance, my first thought was, 32V isn't public domain, yet. It's still under copyright until a judge or the copyright holder declares it public domain, or until it's something like over 50 years old or the author dies.

      But then I thought, Wait, I don't *know* that ATT never put 32V under public domain. Or Novell. Hell, it's possible.

      This code has been viewed by so many people and licensed under so many conditions, that the provenance of any particular code portion is a tangled mess, and the ability to defend the copyright is severely compromised by the inability to show where any portion actually originated.

      When a judge hears a plaintiff and a defendant argue over a piece of code, this is what he hears (apologies in advance to Gary Larson):

      Plaintiff: blah, blah, blah, but we wrote it first, blah blah blah

      Defendant: blah, blah, blah, no, you copied the implementation from here, blah, blah, blah

      Plaintiff: blah, blah, blah, and that was based on something else we did first, blah, blah, blah

      Defendant: blah, blah, blah, we did it first here, blah, blah, blah

      Plaintiff: blah, blah, blah, no, we did, blah, blah, blah

      Defendant: blah, blah, blah, did not, blah, blah, blah

      Plaintiff: blah, blah, blah, did so, blah, blah, blah

      Defendant: blah, blah, blah, did not, blah, blah, blah

      Plaintiff: blah, blah, blah, did so, blah, blah, blah

      At which point the judge decides, ok, this point is moot, I'll decide the issues on the other merits.

      But, then, if the judge has to hear this argument 10, 20, 100, 1000, 3000, times -- as SCO is threatening to put upon Judge Kimball with their "million lines of infinging code" argument -- then the judge throws up his hands and says, "That's it. Public Domain. No more of this. It's driving me up a fucking wall, and, you, Plaintiff, have clearly not been properly enforcing your copyrights or doing the due diligence to track them in a manner to prove your ownership before the court."

      There are other routes to Public Domain, of course. But this is the one SCO is preparing to trod. Idiots.

  5. So what they are saying... by Zocalo · · Score: 3, Interesting

    ...is that if they lose their court case with IBM and people won't buy their licenses, then they are screwed? Great! Let's go to court!

    --
    UNIX? They're not even circumcised! Savages!
  6. Secret. by grub · · Score: 5, Funny


    stolen SCO email:

    @@

    Darl,
    How do these numbers look? I spent 4 hours pulling them out of my ass.

    -Chris
    Microsoft bankroll to fight Linux:___$15,000,000.00
    Sun money to swat the SCO mosquito:_____$299,996.50
    Money Darl swiped from the coffee
    fund whilst no one was watching:______________$3.50
    --
    Total amount of cash extorted/raped:_$15,300,000.00
    @@

    Chris,

    That total looks great! Redo it without all the details
    then put it on the wires; I have a payment due on my
    Mercedes this Thursday.

    -Darl

    @@
    --
    Trolling is a art,
    1. Re:Secret. by Agent+R · · Score: 3, Funny

      @@

      Darl,

      Uhhh.. SGI is knocking at our door.

      -Chris

      @@

      Chris,

      Can you take care of it? I am getting a new toupe to match the color of my Mercedes. And I'm expecting my shipment of Enlargo to be in by Thursday too.

      -Darl

      @@

      --
      !@#$% whole-grain cereal. When I want fiber, I eat some wicker furniture. - G. Carlin
    2. Re:Secret. by Guppy06 · · Score: 4, Funny

      "stolen SCO email:"

      Hi! How are you! I send you this file in order to have your advice!

    3. Re:Secret. by Tellalian · · Score: 5, Funny

      Microsoft bankroll to fight Linux:___$15,000,000.00
      Sun money to swat the SCO mosquito:_____$299,996.50
      Money Darl swiped from the coffee fund whilst no one was watching:______________$3.50
      Total amount of cash extorted/raped:_$15,300,000.00


      The look on SCO executive's faces when they learn their tactics have ultimately bankrupted them:

      Priceless

  7. Okay, one more time by Matey-O · · Score: 2, Funny

    Cooking the books is bad, m'kay?

    --
    "Draco dormiens nunquam titillandus."
  8. Two companies by sharlskdy · · Score: 5, Insightful

    It's clear that MS is exploring how to support their offensive on Linux, but why Sun? Same reason? I guess Solaris' greatest enemy is not MS anymore, but Linux.

    1. Re:Two companies by Anonymous Coward · · Score: 5, Insightful
      It's clear that MS is exploring how to support their offensive on Linux, but why Sun? Same reason? I guess Solaris' greatest enemy is not MS anymore, but Linux.

      They should definitely be worried. Sun has sat on it's ass for years riding it's reputation while stagnating. There is NOTHING interesting happening at Sun at this point. I don't wait with baited breath about a hardware announcement anymore or have hope that we'll see anything but 250MHz bumps in speed every 6 months or so if we're lucky. Sun is becoming irrelevent and they are their own worst enemy.

    2. Re:Two companies by turk182x2001 · · Score: 3, Informative

      The reason Sun pays up is that Solaris actually does contain SCO code.

    3. Re:Two companies by Greyfox · · Score: 5, Interesting
      Sun's been making noises about being able to distribute the Linux kernel irrespective of the outcome of the IBM/SCO battle, if I read the news right. I assume it's to their advantage to imply that they're the only legal Linux distributor for as long as they can, so it'd be to their detriment for SCO to go bankrupt too soon. Once SCO goes under, they'll be back to having to compete head-to-head with IBM.

      They're taking a big risk of alienating the community that way. Personally I wouldn't play my cards that way given that a hefty hunk of the product offering (Mad hatter et al) coming up is open source based.

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    4. Re:Two companies by steveg · · Score: 2, Funny

      "I don't wait with baited breath about a hardware..."

      Didn't we just go over this... it's bated breath. :)


      Are you sure?

      Maybe he *likes* raw herring....

      --
      Ignorance killed the cat. Curiosity was framed.
    5. Re:Two companies by Monkelectric · · Score: 5, Informative

      I've told this story a million times, but I'll tell it once more ... Sun is *VERY* scared of linux. I used to buy Sun equiptment fairly regularaly for the university I worked for, and out Sun rep flat out told us Sun was "very concerned" about Linux. Sun is very competitive with discounts as well, just use the word "Dell" in a sentence and Sun will offer you steep discounts (on overvalued hardware). Because at the end of the day, sun has to answer the question, "A 4 way sun box costs 40k, and a 4 way Dell costs 12k. What can sun do that Dell can't?" At one point Sun even offered us *free* (low end) servers to replace some Linux boxes we had. We politely declined.

      --

      Religion is a gateway psychosis. -- Dave Foley

    6. Re:Two companies by jellomizer · · Score: 5, Insightful

      Well Sun just hates IBM. IBM and Sun make similar products for a similar business. If SCO Wins it is a great loss to IBM. So Sun Makes out. If SCO Looses oh well at least they didn't bother Sun during the interim. either way Sun comes out smelling like roses. At this point Sun doesn't want to be bothered with legal stuff on their Linux Strategy. Although they support the open source model they are not bound to it. So if they have to pay to "Legally" own Linux and use it, so they will. Sun has enough problems and they probably cant take on the legal battle. And if it allows a pot shot at IBM at the same time then all the better.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    7. Re:Two companies by Snoopy77 · · Score: 2, Informative

      Could both posters and moderators pleae RTFA. Sun's payment was to cover licensing 'clean up' issues with it's version of UNIX. It had nothing to do with Linux.

      It is however interesting that they have stock options.

      --
      "She's a West Texas girl, just like me" - G.W Bush Iraqis
    8. Re:Two companies by sys$manager · · Score: 2, Informative

      What can sun do that Dell can't?

      High volume I/O

    9. Re:Two companies by ckd · · Score: 4, Interesting
      why Sun?

      Anti-AIX propaganda? They were sending out FUD emails to (among other people) a friend of mine saying "hey, we'll help you switch from AIX to Solaris, since we don't have any licensing problems"....

    10. Re:Two companies by zerocool^ · · Score: 5, Interesting

      I just looked at it.

      Though I have no love for solaris, and I like budget options, I always defend sun hardware. Probably because I work on it on a daily basis (we use everything from IPC's to our quad proc ultra II at Netmar).

      The hardware is rock solid. I mean, you have to beat them with hammers to break them. The PROMS die before anything else goes bad, and that's just cause of the battery. And when the prom dies? Just boot it and make it set it's own mac address in the OS. The fact that we still use IPC's (as monitoring servers, rstat graph displayers, etc) is a testiment to how long they last.

      I just looked at the sun website. The machine you offer does indeed cost $40k, or close to it ($35k). However, make sure you see what's included in that. It's 4x Ultra SPARC III Cu 1.05 Ghz processors, EACH with 8MB of cache. On top of that, there's 32 256MB sticks of registered memory, 2 10k RPM 73GB discs, 2 Gigabit ethernet ports, and dual 1440 Watt power supplies. That's a beast of a machine.

      Oh, and wait, what's this?

      I configure a machine almost matching the specs. The difference here is the processors, which are 2.8 Ghz Xeons, but ONLY 2MB OF CACHE, and they're also only 32bit. Otherwise, the same. 8GB of ram, 2 10k rpm 73GB SCSI drives. Guess what? It cost $28,000.

      Between $28,000 for 32 bit procs with 2MB of cache, and $35,000 for 64 bit procs with 8MB of cache, I might go ahead and bump it up.

      I wish people would realize that sun is rock solid hardware and not that much more expensive.

      ~Will

      --
      sig?
    11. Re:Two companies by mec · · Score: 3, Interesting

      As you said -- and, more importantly, as the 10-Q for the quarter plus the 10-Q for laster quarter said -- Sun gets options to purchase 2% of SCO. That's more than a cleanup license. That is a strategic investment.

      Sun is helping desktop Linux a lot, specifically through Open Office. Sun is also attacking server Linux via its partnership with SCO. Sun is a Linux ally in cases where Linux competes with Sun's competitors, and a Linux foe in situations where Linux competes with Sun.

    12. Re:Two companies by ultrabot · · Score: 5, Informative

      Sun's been making noises about being able to distribute the Linux kernel irrespective of the outcome of the IBM/SCO battle, if I read the news right.

      You didn't read the news right. Sun has repeated several times that they indemnify Solaris customers, not Linux customers. Linux customers are on their own.

      --
      Save your wrists today - switch to Dvorak
    13. Re:Two companies by Monkelectric · · Score: 3, Interesting
      I wish people would realize that sun is rock solid hardware and not that much more expensive.

      I don't actually disagree with you :) Alot of people don't need rock solid though, and don't need to pay for it. At the university I worked at, we didn't need rock solid, but we could afford it. I'm not saying we ever bought a DELL server, we just threatened to to get Sun to lower their rediculous prices :) Negotiating with them always reminded me of the south park where cartman is selling fetuses, "oh jesus larry you're breaking my balls here." Sun tries to club you over the head with their *rediculous* list prices.

      Once after I negotiated a pretty good deal (104k for A fire V440 with 4 procs, 4 gigs of ram, 2.6 TB of storage, and a tape library), I told one of my coworkers how proud I was of myself for getting us almost 50% off the list, and he said the funniest thing I've ever heard, "You should have asked them to raise their prices so we could have gotten an even better discount."

      So anyways, I love suns, was a solaris admin for 2.5 years, and I dont really diasgree with you. Just saying the average business might not need all that horespower. In my entire time I had *one* sparc 10 give out that was ancient, other then that nare a hardware problem in 2.5 years.

      --

      Religion is a gateway psychosis. -- Dave Foley

    14. Re:Two companies by linux11 · · Score: 2, Interesting

      Our university sales rep stated it a little differently. She said that she was conserned that the university was "cheating itself" with Linux. But to show that Sun is serious about the "Open-Source thingy" that she would put our University on the fast track to getting the source code to Sun GridWare under a "popular OSS license" which she wasn't at liberty to disclose yet (summer of 2000). But the details of the license would be wrapped-up by Sun management by December 2000.

      Sun has proceeded to demostrate how it is NOT serious about the OSS thingy by never following through on that promise. The university still has not seen line one of source code from the vapor-OSS project known as Sun GridWare under popular OSS license. Maybe by this December (2003), the vapor annoucement from Sun was stop being a joke? Ha! I kid... I kid... of course it will still be a joke. Most promises from Sun sales are.

    15. Re:Two companies by Dicky · · Score: 2, Informative
      Sun has proceeded to demostrate how it is NOT serious about the OSS thingy by never following through on that promise. The university still has not seen line one of source code from the vapor-OSS project known as Sun GridWare under popular OSS license.

      Well the University obviously hasn't looked very hard. Following the standard Sun method, there's the 'commercial' product, and an Open Source 'project' standing behind it. The Grid Engine Project does, of course, have downloadable and browsable source code under the SISL.

      --
      Paranoia isn't an infectious condition, it's a way of life
  9. hoo boy... by focitrixilous+P · · Score: 3, Interesting

    While our SCOsource initiative has already resulted in revenue of $15,530,000 during the last two quarters and we continue negotiations with other industry participants that we believe may lead to additional SCOsource license agreements, we are currently unable to predict the level or timing of future revenue from this source, if any.
    Allow me a guess.

    Zero. Microsoft might keep you afloat for now, but you are doomed to failure.

    --
    SAILING MISHAP
    1. Re:hoo boy... by MuParadigm · · Score: 2, Funny


      Don't count on it. Darl needs revenue from SCOSource for each of the next two quarters if he wants to get the big bonus. He'll find someone to keep them afloat, might be MS, might be someone else with an axe to grind wrt Linux.

      But after Darl gets that bonus? Yeah, zero.

  10. 10Q and all those warnings by Dancin_Santa · · Score: 5, Insightful

    The 10Q is known as the Chicken Little of financial documents precisely because of the warnings it lists in the forward looking statements.

    It wouldn't be too far fetched to see something like "In the event that a terrorist attack destroyed the databases containing proof of our IP claims, it is possible that we may not be able to meet our cash flow expectations"

    1. Re:10Q and all those warnings by DDX_2002 · · Score: 3, Insightful
      Well yeah, but the idea is, if terrorists did blow up SCO's servers, SCO would be like 'hey, don't say we never warned you' should the investors try to sue. Forget about tighter security on the server farm, SCO could legitimately say 'look people, we warned you, presumably the risk of terrorist attack was factored into the share price by the market. So @#$! off whining about it.'

      That's why form 10s have so many caveats and warnings.

      --
      MHO. YMMV. Any resemblance between this post and real persons, or reality in general, was accidental.
  11. Not MOSTLY from Microsoft and Sun... by mrAgreeable · · Score: 5, Informative

    They claim $15,530,000 in revenue from SCOSource.

    They refer to having Sun and MS, and say "The two licensing agreements signed by us to date resulted in revenue of $8,250,000 during the April 30, 2003 quarter and $7,280,000 during the July 31, 2003 quarter."

    Meaning that SCOSource received no revenue whatsoever outside of those two. Hopefully it'll stay that way after they start sending invoices out.

    1. Re: Not MOSTLY from Microsoft and Sun... by Black+Parrot · · Score: 4, Funny


      > Meaning that SCOSource received no revenue whatsoever outside of those two. Hopefully it'll stay that way after they start sending invoices out.

      Invoice? I thought they had sent me some commemorative toilet paper!

      --
      Sheesh, evil *and* a jerk. -- Jade
    2. Re:Not MOSTLY from Microsoft and Sun... by DevilM · · Score: 2, Informative

      Maybe you didn't read the whole thing. it stated that $15,530,000 was generated in the last two quarters. So that means...

      $8,250,000 + $7,280,000 = $15,530,00

    3. Re:Not MOSTLY from Microsoft and Sun... by grub · · Score: 2, Interesting


      Right, meaning that all their income is from those two firms during the last two quarters. Ergo, they have no other customers.

      --
      Trolling is a art,
    4. Re:Not MOSTLY from Microsoft and Sun... by _Sprocket_ · · Score: 5, Interesting


      Are y'all sure that Sun did give SCO $$$ recently ?


      Usually the glib responce is "RTFA" - in this case its RTF10K. To quote:

      We initiated the SCOsource effort to review the status of these existing licensing and sublicensing agreements and to identify others in the industry that may be currently using our intellectual property without obtaining the necessary licenses. This effort resulted in the execution of two license agreements during the April 30, 2003 quarter. The first of these licenses was with Sun Microsystems, Inc. ("Sun"), a long-time licensee of the UNIX source code and a major participant in the UNIX industry, and was a "clean-up" license to cover items that were outside the scope of Sun's initial UNIX license.

      ...

      The license agreement with Sun provides for an additional $2,500,000 to be paid to us by November 2003.

      ...

      In connection with the payment of $2,500,000 to us by Sun during the quarter ended July 31, 2003, we granted a warrant to Sun to purchase up to 12,500 shares of our common stock, for a period of five years, at a price of $1.83 per share. This warrant was valued at $150,000 using the Black-Scholes option-pricing model and reduced our licensing revenue for the quarter ended July 31, 2003 by that amount.

      The other licensee mentioned was Microsoft. There's your proof that the mystery license went to Sun. Unless, of course, you believe SCO lied in their filing.
    5. Re:Not MOSTLY from Microsoft and Sun... by Panoramix · · Score: 2, Interesting

      Wait a minute. So the only two "SCO source" licensees are Microsoft and Sun, and there's proof in this "10Q" document (slashdotted already, but I believe you). Now Microsoft, IIRC, paid for some "IP" for their UNIX compatibility thing for NT. And we're told here that Sun bought a "'clean-up' license to cover items that were outside the scope of Sun's initial UNIX license".

      Well that's all nice and good, except that neither of those licenses seem to be Linux-related, and I vividly recall Sontag bragging about how they actually sold a Linux license to some mystery "Fortune 500 company":

      "This Fortune 500 company recognizes the importance of paying for SCO's intellectual property that is found in Linux, and (they) can now run Linux in their environment under a legitimate license from SCO," Chris Sontag, head of the company's SCOsource effort to extract more revenue from its Unix intellectual property, said in a statement.

      Shouldn't they had to disclose that sale too in this "10Q" filing? But it wasn't Microsoft, it wasn't Sun, and they didn't sold anything else. So what's going on here? Could it be that... oh no... that SCO... either then or now... lied?

  12. The Intangible... by SkArcher · · Score: 5, Funny
    We performed a valuation of our intangible assets as of October 31, 2002 in accordance with SFAS No. 142, "Goodwill and Other Intangible Assets" and determined that the intangible assets reported in the accompanying consolidated balance sheets are not impaired. Write-downs of intangible assets may be necessary if the future fair value of these assets is less than carrying value.


    So..... SCO goodwill anyone? C'mon, who's hiding all the SCO goodwill? Bill, what's that you are hiding behind your back there? Why do you have lots of goodwill towards SCO, Bill?
    --

    An infinite number of monkeys will eventually come up with the complete works of /.
    1. Re:The Intangible... by ScottSpeaks! · · Score: 2, Funny

      I dare say that SCO's goodwill has moved from the "asset" column to the "liability" column for the foreseeable future (i.e. until heatdeath of the universe).

    2. Re:The Intangible... by SkArcher · · Score: 3, Insightful

      Maybe I should stop trying to be funny and just be blatant. Bill Gates probably has a lot of goodwill towards Darl et al at the moment, as they are spreading FUD about Linux for him.

      --

      An infinite number of monkeys will eventually come up with the complete works of /.
  13. Truth in Reporting by ScottSpeaks! · · Score: 2, Interesting
    "Many, particularly those in the open source community, dispute the allegations of infringement that we have made"

    One of the lovely aspects of government-mandated reports is that they're required to acknowledge the negative side of things, forcing the company to state the obvious truth - rather than the company line - from time to time.

  14. burned by their own lawsuit ? by gmack · · Score: 4, Interesting

    "caused by the worldwide economic slowdown, increased competition from other alternate operating platforms, and uncertainty from our recent Linux announcement. This impact was largely felt in our distribution channel in the Americas and Europe."

    That's interesting.. it indicates at least some customers have given that lawsuit as the reason for not using their products.

  15. Who says Open Source doesn't pay? by mr_majestyk · · Score: 3, Funny

    You just need the right business model, I guess!

  16. First Profitable Quarters Ever... by epiphani · · Score: 4, Insightful

    ...with revenue of $15,530,000 from our SCOsource licensing initiative, have resulted in the first two profitable quarters in our history.

    They're profitable. First time ever. Its interesting that this licencing scheme brought them over the top. Does anyone have any numbers of how far they'd be in the red if it wasnt for this initiative? It doesnt seem to say in the article.

    But it does say this: ..."a decline in product revenue of $1,835,000 and a decline in services revenue of $774,000."

    So, if they werent profitable before, then a decline in product and service revenue should put them *far* into the red without the SCOSource thing.

    --
    .
    1. Re:First Profitable Quarters Ever... by mec · · Score: 2, Informative

      Does anyone have any numbers of how far they'd be in the red if it wasn't for this initiative?

      Yes. Start here:

      The SCO Group Reports Third-Quarter Results

      For the quarter ended July 31, the whole company reported $20.1 million in revenue and $3.1 million in net income. The SCO Source division generated $7.3 million revenue and $5.6 million in gross margin. That means the products&services portion of SCO generated $12.8 million revenue and ($2.5 million) in net loss.

      I dug out numbers for the past five quarters and posted them here. You can really see the declining trend in products and services revenue.

      SCO's Core Business Is Not Profitable

      So, if they weren't profitable before, then a decline in product and service revenue should put them *far* into the red without the SCOSource thing.

      SCO has also been cutting costs. As another poster pointed out, income = revenue - costs. Both revenue and costs are declining, so income can go either way.

  17. If nobody pays them, they go out of business by tjstork · · Score: 2, Funny


    Everyone should NOT pay SCO. If nobody pays them, they go out of business. They have no money left.

    --
    This is my sig.
  18. And in the end... by Stalus · · Score: 4, Insightful

    So assuming that SCO loses this court battle.. do they all get arrested for fraud if they don't return the money raised for license fees. I mean, they are essentially telling people to pay for something they don't own. I can claim that you have to pay me money to drink liquid, and I'm sure there are enough morons out there that would do it to give me a nice little income, but I thought that would put you behind bars.

    1. Re:And in the end... by Anonymous Coward · · Score: 5, Funny

      Well of course getting people to pay you mmoney for liquid will get you behind bars, how the fuck else are you going to serve them?

  19. Hang on a minute... by Zocalo · · Score: 5, Insightful
    It mentions the IBM court case and it mentions the Red Hat case. What happened to the German case that they lost pertaining to their defamation of Linux? The one that undermines their position in the IBM/Red Hat cases to the potential investors that will be reading this?

    Can someone familiar with the 10-Q requirements explain whether this omission is permissable (because it was brought in Germany?) or has SCO done something else naughty?

    --
    UNIX? They're not even circumcised! Savages!
    1. Re:Hang on a minute... by cdrudge · · Score: 5, Informative

      The SCO Group (SCOX) is the American company. The SCO Group GmbH is the German company. They share the same name, but a case brought up against one company is legally shielded from the other. That is the whole point of incorporating seperate companies.

    2. Re:Hang on a minute... by HarlanC · · Score: 3, Informative

      You are both wrong. The full 10-Q does discuss the German case. See below. A registrant must discuss all material litigation. It does not matter whether the litigation involves a subsidiary or the parent, so long as it is material to the entire enterprise.

      From the 10Q: "Several entities in Germany have obtained temporary restraining orders in Germany precluding SCO GmbH, the Company's German subsidiary, in substance, from making statements in Germany that disparage Linux, or entities involved in the Linux business, or implicate Linux as infringing the Company's intellectual property rights. SCO GmbH has received an administrative fine of 10,000 Euro for a technical violation of one of the temporary restraining orders. The Company is currently negotiating with the various claimants in Germany over the temporary restraining orders and is evaluating whether it will appeal the administrative fine."

  20. Talk about an understatement by StandardCell · · Score: 2, Insightful

    "Many, particularly those in the open source community, dispute the allegations of infringement that we have made."

    Isn't this a bit like calling a nuclear war a "mild nuclear war"?

  21. Sun is involved! by raahul_da_man · · Score: 4, Interesting

    Sun has paid Sco a quarter million. Why on Earth is it helping bankroll an attempt to destroy Free Software?

    It's time to boycott Sun. It's about time it learned you can't bite the hand that feeeds you.

    Microsoft, of course, is no surprise. I'm slightly amazed they didn't give Sco more money.

    1. Re:Sun is involved! by cyril3 · · Score: 3, Interesting

      Perhaps they paid for IP that SCO does in fact own. It may not relate to disputed Linux related IP. SCO does have other UNIX software that it has IP rights in and that it can licence, doesn't it? (That is a question ,by the way, not a statement)

    2. Re:Sun is involved! by LiquidCoooled · · Score: 3, Interesting

      Sun paid a little more, AND microsoft ARE giving them more money:

      The license agreement with Sun provides for an additional $2,500,000 to be paid to us by November 2003. On July 31, 2003, Microsoft exercised an option to acquire expanded licensing rights. Upon delivery, we expect to recognize additional revenue related to this option.

      --
      liqbase :: faster than paper
    3. Re:Sun is involved! by InfiniteWisdom · · Score: 3, Funny
      Microsoft, of course, is no surprise. I'm slightly amazed they didn't give Sco more money.


      Because that would involve admitting to having a lot more linux installations than they could pass of as having to "study its weaknesses"... unless they were looking for a Beuwolf cluster of weaknesses

  22. scosource.com by whoever57 · · Score: 3, Funny

    Wow, so scosource.com made $15M. That's not bad for a website that claims to be non-commercial!

    --
    The real "Libtards" are the Libertarians!
  23. Small wonder... by Black+Parrot · · Score: 2, Insightful


    > Many, particularly those in the open source community, dispute the allegations of infringement that we have made.

    Maybe you should consider showing us some EVIDENCE, fuckwits.

    --
    Sheesh, evil *and* a jerk. -- Jade
  24. Stock Prices by brent_linux · · Score: 4, Insightful

    So this pretty much says they are leaking cash like a open wound leaks blood and that the only way they can make money is from two companies who are essentially bankrolling their court case.

    Flip a quarter, will the stock prices go up or go down?

    1. Re:Stock Prices by msaavedra · · Score: 2, Interesting

      It's worth noting that according to finance.yahoo.com, which you cite, the only analyst they mention has SCOX rated a strong sell. I've seen several other analyst opinions as well, and without exception they rate SCOX a poor buy, usually using phrases like "will significantly underperform the market" and "no long term prospects". So obviously the smart folks know what is going on. Apparently, the stock is being driven up by speculators, who are almost certainly going to get burned. I guess these people didn't learn anything from the tech bubble bursting. The fools and their money will soon be parted; its a shame that it will probably end up lining the pockets of SCO execs, though.

      --
      "Any fool can make a rule, and any fool will mind it."
      --Henry David Thoreau
  25. And in other news... by akpoff · · Score: 4, Funny
    Bill Gates reports wallet missing. Contents:

    Drivers license
    Picture of Melinda and children
    Weekly allowance in the amount of $15.3 million

  26. Future news by spektr · · Score: 2, Funny

    This effort resulted in the execution of two license agreements during the April 30, 2003 quarter. [...] The Sun and Microsoft license agreements are non-exclusive, perpetual, paid up licenses to utilize the UNIX source code.

    On July 31, 2003, Microsoft exercised an option to acquire expanded licensing rights. Upon delivery, we expect to recognize additional revenue related to this option.

    On January 1, 2004, Microsoft lost its license somewhere in a heap of refunded Windows-95 boxes. Instead of trying to find the needle in the stack of hay, Microsoft exercised an option to buy the license once again.

  27. Business Model? by Professor_Quail · · Score: 4, Interesting

    Regardless of whether or not their claim regarding the Linux source code is true, what kind of a business are they planning to run in the future? At this point, their 'other' revenues are dropping, so I wonder if they just plan to sit around and threaten people so they can collect royalties.

    If they're earning revenue in any other meaningful way, it'd like to hear it.

    1. Re:Business Model? by MuParadigm · · Score: 4, Interesting

      I posted this in a previous SCO thread, but I'm reposting it here, because it's the best answer I can think of to explain SCO's "business model"

      What Does Darl Get Out Of It?

      Darl gets a big fat payoff if he can deliver four straight profitable quarters. Most of it is in stock, which means he'll have to keep up the fiasco for extra quarter or two to cash out.

      At that point, I think we can expect him to leave SCO -- if there is any SCO left to leave. Maybe the final legal showdown will be Darl v. Ralph, to be filed in late 2004 or early 2005. We all know how much Darl loves to sue his employers.

      Anyway, this means the SCO v. IBM case is not likely to ever make it to court because there's *no* motivation for Darl to go that far.

      In the meantime, he'll do whatever it takes to show profit on the next two or three 10-Q's. He'll slash personnel, support, anything, doesn't matter how it affects SCO's long term prospects, as long as he shows profits each quarter.

      He'll try to get people to pay for SCO IP in Linux licenses NOW, not after the case is resolved in court, because he doesn't care what happens that far down the line.

      He needs the money on the books and in the 10-Q next quarter and the following quarter. He's got two profitable quarters in a row now, though he probably wouldn't have made it this quarter without cutting personnel and associated costs. Two more to go, and he's golden.

      If he hasn't done it already, we can expect some *extremely* creative accounting over the next two quarters. Personally, I think that asset listed as "Goodwill" is just the start of SCO's attempts at creative accounting. Or maybe more money from MS. MS, according to the latest 10-Q (available at SEC), has apparently purchased those "expanded licensing options" that were mentioned in the April 30 10-Q.

      Darl's biggest fear is that something will shut down SCO and/or it's FUD machine within the next two-three quarters. If he sounds irrational and afraid, well, that's because he is. He can't pull any more profits out of Germany. Australia, Austria, and Poland are lining up to gag him in their countries. Red Hat's trying to do the same in the U.S. Of course, none of this matters much as long as no court decisions are reached within the next 3 quarters. Which means delay, delay, and delay will be SCO's legal strategy going forward.

  28. Is it just me or.... by 3seas · · Score: 2, Funny

    are the number of reader posts to these slashdot SCO stories beginning to really decline?

    1. Re:Is it just me or.... by Battle_Ratt · · Score: 3, Funny

      Not really.
      It's the fact that /. was inconsiderate enough to post a SCO story AFTER work hours.

  29. The real question is by geekoid · · Score: 2, Insightful

    what is MS liscensing from them?
    Perhaps Win2k containcs SCO code? that would explain a lot. ;)

    about 8 million dollars of what?
    thats well over 11000 liscenses at 699 a pop.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  30. Leaked SCO court document by OpenSourcerer · · Score: 3, Funny

    This court case contains forward-looking statements that involve risks and uncertainties often indicated by such words as "owns," "all code," "100s and thousands," "main()," "greek letters," "extor^H^H^H^H" and similar expressions. The actual truths differ materially from those anticipated in these forward-looking statements as a result of various factors, including those set forth below under "The real truth" and "Prior-art" and omitted elsewhere in this quarterly filing.

  31. Microsofts use of UNIX code by gazoombo · · Score: 3, Interesting

    What i find interesting is that Microsoft claims that it's OS is far better than the UNIX variants around today (Linux in particular) , yet they will still pay large sums of money for UNIX source to use in their Services For UNIX (SFU). Seems like they want all their bases covered.

    --
    John Hancock
  32. Sun got more than that... by Googol · · Score: 2, Interesting


    They got 210,000 stock warrants, now worth about $3 mil, but only carried on the SCO books as $500,000. Is it really income if its equity?

  33. SCO: The Dot-Bomb Late Comer by Mansing · · Score: 2, Insightful

    Non-License License revenue, all hype, no products, and many lawsuits. Ah, it takes me back to 1999 .....

    SCO will crash just as hard and fast. And in the current financial climate, the SEC will be knocking within minutes.

  34. $15,300,000?! Impossible! by jsse · · Score: 3, Funny

    I don't believe it unless I read it by myself, repeatedly!

    Time to fire up my favourite browser wget.

    while [ true ] ; do wget -r -nd --delete-after http://www.sco.com/ ; done

  35. yeah by nounderscores · · Score: 2, Funny

    looks like you took the bait

  36. from groklaw - accc to sue? by timelady · · Score: 2, Informative
    from comments on the fantastic groklaw site, one of the diligent contributors trawling through the 10Q found this:

    The Australian Competition and Consumer Commission (the "ACCC") has contacted the Company and requested information regarding complaints it has received regarding the Company's intellectual property claims and the Company's statements regarding the need for commercial Linux users to obtain a UNIX license. The Company intends to respond to the ACCC's inquiry. The ACCC has notified the Company that it has not made any decision to pursue the complaints it has received or determined what, if any, action it will take

    as an australian - yay for us:)
    --
    Nothing - well thats something.
  37. "perceived strength" by dtfinch · · Score: 5, Insightful

    Perceived is the key word here.

    Notice that the licenses sold to Sun and Microsoft account for 100% of their SCOsource revenue, and neither appear to be Linux related, meaning that they've fooled noone into buying their $699 licenses, not even a single idiot.

    This means that absolutely linux users, out of the millions out there, believes they have a valid argument enough to buy a license. Not 1%, not 0.00001%. Not a single one. This should say something to investors, but looking back on history, it probably won't.

    Their quarterly report shows that their IP claims have no perceived strength at all, but rather it shows producers of operating systems threatened by Linux pumping money into FUD marketting business to make the campaign last as long as possible.

  38. SCO Employees on Slashdot? by The_Bad_Bob · · Score: 2, Interesting

    I always wanted to hear the other side to to hear the other side of this whole SCO story, and I just have one question. Are there any SCO Employees on Slashdot? What are your opinions?

  39. 12 months of cash flow by Hamfist · · Score: 5, Interesting

    It also says that they have only about 12 months of cash left at the rate they're losing money. That means if they don't get more money from licensing, they will be broke before the IBM case comes to trial. If someone else sues them, they'll probably go under even sooner.

    I sure hope someone else sues them soon.

  40. Re:Wow SCOX stock has really shot up by Tuqui · · Score: 5, Informative

    Look here this guy have the answer to your questions.

  41. Rambus by Camel+Racer · · Score: 2, Informative



    "The success of our SCOsource licensing initiative, at least initially, will depend to a great extent on the perceived strength of our intellectual property and contractual claims and our willingness to enforce our rights."



    Didn't Rambus use this same tactic? What happened to them?

    --
    Anybody can work under ideal circumstances. -- Jeff K. (January 4, 2001)
  42. Linux is HOT. SCO is NOT. by Futurepower(R) · · Score: 3, Interesting

    Microsoft says Linux is hot: Get the Tools You Need to Compete with Linux

    Microsoft is selling the CD: "Cost of CD is U.S. $3.50, plus shipping and handling."

    Does this mean there should be a Linux "How to compete with Windows" CD, that you can download for free? I can see it now:
    1. Don't pay Microsoft to be aggressive toward you.
    2. Use Linux and don't worry about changes in the license agreement as part of a bug fix, after you have paid for the product.
    3. No forced upgrades: Microsoft Bars Office 11 From Windows 9X
    4. Using Linux and Open Office means never having a software funeral.
    The fact that there is no "How to compete with SCO" CD available from Microsoft speaks loudly and clearly.
  43. Am I the only one here not missing the best point? by SiliconJesus101 · · Score: 2, Insightful
    Basically, I am of the opinion that SCO will lose their court battle and is only doing this to pump and dump stocks. Sure the SCO execs will be fat and rich, but they may also be subject to an investigation for this entire fiasco.

    And now on to my real good point...

    This kind of media coverage could definitely send Linux to the top of the enterprise server arena after the lawsuits all disintegrate. All these actions do is give extreme amounts of credibility to Linux and it's viability in an enterprise setting. I can see the "suits" now. "Hmm, maybe geeky bob in IT was right, there is something to this Linux thing."

    I would assume that most people (even IT illiterate ones) could draw the conclusion that if Linux was just a "hacker toy", then why is it making SCO, Microsoft, and SUN so nervous in the enterprise server market?

    --

    "The strong will do what they want, the weak will do what they must."
    -Thucydides

  44. Revenue != Cash received for products or services. by rice_burners_suck · · Score: 3, Interesting
    Don't forget something important: A large portion of these 15 million dollars in revenue is money that SCO never earned and will never get. That's because of the way accrual-based accounting works: Invoices written by SCO are considered Revenue in SCO's books and financial statements.

    Remember when SCO sent out zillions of invoices for $699 per copy of Linux? I believe that they don't actually expect to get paid for these invoices. They sent them out to increase their revenue, making their company look more successful, and when they won't get paid, they'll write it off on their federal taxes as "bad debts." It'll be years before this gets to court. In the meantime, showing revenue makes SCO LOOK successful, increasing their stock price.

  45. License for Concurrent Run-Time Use of Linux by Buddha+Joe · · Score: 2, Interesting

    .

    Didn't they claim to have already sold some Linux Licenses not to long ago to a comapny who couldn't be named due to confidentiality provisions? (Fortune 500 Licensee Acquires SCO UNIX License for Concurrent Run-Time Use of Linux)

    In this report they claim that the only Licenses they sold were to MS and Sun... and they weren't for Linux.

    I would think that they would love to point out to investors that someone had actually taken the bait. This omission only leads me to assume that this earlier press release was false. Like I sould be surprised.
    1. Re:License for Concurrent Run-Time Use of Linux by Error27 · · Score: 2, Insightful

      The rumour is that Computer Associates bought a license for $1,200 as part of their $40,000,000 settlement with the Canopy Group.

      I know Computer Associates has more than 2 systems that run Linux. Also I don't think that the text of the Linux License has been finallized. Plus TSG lies all the time anyways... So who knows what to believe?

  46. Did you know? by Anonymous Coward · · Score: 3, Funny

    Every time you reboot Linux, SCO kills a kitten.

    Unless you've paid your $699 fee, that is. Please think of the kittens.

  47. Some interesting statements ... by richg74 · · Score: 3, Interesting
    The first, in case anyone is still in doubt about who is bankrolling the SCO FUD machine:

    During the three months ended July 31, 2003, Microsoft Corporation ("Microsoft") accounted for approximately 25 percent of total revenue and Sun Microsystems, Inc. ('Sun") accounted for approximately 12 percent of total revenue. During the nine months ended July 31, 2003, Microsoft accounted for approximately 16 percent of total revenue and Sun accounted for approximately 12 percent, of total revenue.

    The second is, on the basis of the evidence I've seen, highly questionable:

    As a result of our assertion of our intellectual property rights, we have been subjected to several denial of service attacks on our website which prevented web users from accessing our website and doing business with us for a period of time.

    I guess it's that good ol' DoS attack that only happens outside office hours and on weekends in Utah.

    Finally, there is this little gem, which I find intriguing:

    During the quarter ended July 31, 2003, the Company issued a warrant to a consultant, as part of an agreement to assist the Company with its SCOsource licensing initiative. The warrant allows the consultant to acquire 25,000 shares of the Company's common stock at an exercise price of $8.50 per share for a term of two years from the date of the agreement.

    Anyone care to venture a guess as to the identity of the unnamed "consultant"?

    Rich
    SCO delenda est.

  48. Re:The mystery licensee ... by MuParadigm · · Score: 2, Informative


    Whoops. I'm wrong. Dammit, I wish we could delete posts from here.

    SCO's 10-Q was for the quarter ending 7/31/03. The August license sale won't show up until the next 10-Q, due about December 15, for the quarter ending October 31.

    I guess their fiscal year starts in February.

  49. How SCO Makes Its Money: The SCO Chain Letter by Nova+Express · · Score: 5, Funny
    Dear Linux User,

    Follow the instructions in this chain letter EXACTLY, or HORRIBLE things will happen to you! Mr. L. Penguin threw away this letter, and was sentenced to five years in a Federal Pound-Me-In-The-Ass Prison for UNIX(c) patent infringement. Meanwhile, B. Gates followed the instructions to the letter, and made a million dollar gain in the stock market the very next day!

    Step 1: Send $660 to the first name on this list.

    Step 2: Move the first name on the list to the third position on the list, and move the other names up one place.

    Step 3: Do NOT put your own name on the list, or you too will be sent to a Federal Pound-Me-In-The-Ass Prison.

    Step 4: Pass this letter on to all your friends who use Linux.



    Name #1

    Darl McBride

    The SCO Group

    355 South 520 West

    Suite 100

    Lindon, Utah 84042



    Name #2

    Darrell McBride

    The Santa Cruz Operation

    355 South 520 West

    Suite 100

    Lindon, Utah 84042



    Name #3

    The Darlmeister

    SCO SCO KaChoo

    355 South 520 West

    Suite 100

    Lindon, Utah 84042



    P.S. THIS IS 100% LEGAL UNLESS SOME STUPID JUDGE STOPS US, AND EVEN IF THEY DO WE'VE ALREADY DUMPED OUR STOCK!

    --
    Lawrence Person (lawrencepersonh@gmailh.com (remove all "h"s to mail)

    http://www.lawrenceperson.com/

  50. english please by dcstimm · · Score: 2, Insightful

    Man, i must be tired or something because I couldnt understand a single word from the thread.

  51. How is the revenue up? by birukun · · Score: 2, Funny

    I though my check for my license bounced!

    Maybe 'cause it drew on my empty account due to the RIAA lawsuit......

    --
    Self Defense - A Human Right www.a-human-right.com
  52. Mine says... by gmac63 · · Score: 2, Funny

    # man woman
    No manual entry for woman

    Curious....

    --

    INSERT INTO comment VALUE('Doh!') WHERE user='you';
  53. Re:Balance Sheet Games by The_Dougster · · Score: 2, Interesting
    Who has been getting the shares?

    I wouldn't be suprised if SCO's stock price is overinflated due to short-selling. I'll be the first to admit that I have a rather limited knowledge of Wall Street finance, but there is a huge demand for the stock because everybody wants to sell short, wouldn't this make the price spike temporarily before it implodes?


    Probably just wishfull thinking on my part. SCO gives the phrase "flogging a dead horse" a whole new world of meaning. It must be some kind of mutant zombie robot horse like something from Quake2, and no doubt they are using the Super Cattle Prod, like from Fallout, to flog it. Makes me think of the Grinch when he was whipping his dog Max to drag that big overloaded sleigh up that mountain.

    --
    Clickety Click ...
  54. $1,478,950 by gsfprez · · Score: 4, Informative

    that is how much 1 man - Reginald Broughton - has made since June on SCOX stock sales. which would have previously, at their price of of one year ago would havbe been under $150k (115,000 shares sold since june)

    Now, if this is not a pump-and-dump, could someone point a case of it out to me, because i obviously dont fuscking get it.

    and since i'm a network guy, and not a financial analyst - how the heck does 1 person make 10% of the company's entire profit in stock sales in less than 6 months, and this not affect anything?

    http://biz.yahoo.com/t/80/4661.html

    --
    guns kill people like spoons make Rosie O'Donnell fat.
  55. Re:Sun showing it's true side... by Greyfox · · Score: 2, Insightful

    Ah well therein lies the problem doesn't it? The paying customers really don't give a damn. They don't care how your politics go, they just want to get their job done cheap. And Sun can undercut Microsoft with Mad Hatter and the other products. And though they may well piss off Open Source developers, no one's seen anything bad happen to a company as a result of doing that. You can't very well tell them "No you can't use Gnome" since that'd render the community a bunch of hypocrites. And you can mostly get around the lgpl at least by coding separate applications with the stuff you want to keep proprietary.

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  56. 10-Q covers up to July 31 by mec · · Score: 2, Interesting

    The 10-Q covers the period of 2003-05-01 to 2003-07-31.

    The mystery "Fortune 500" company deal was announced on 2003-08-11. So that revenue will appear in the next 10-Q, for the quarter ended 2003-10-31, which will come out about 2003-12-17 or thereabouts.

    The next questions are: will SCO identify the F500 licensee by name in their 10-Q? And will SCO break down their revenue enough so that we can figure out how much that license cost? My predictions are: (a) probably not; and (b) likely, but not guaranteed.

    Of course if the SEC climbs up their ass they can make SCO disclose just about anything, either to the SEC or to the public. In last quarter's 10-Q, for the quarter ended April 30, SCO did not identify Sun by name. This quarter SCO makes a point of doing so. I'm speculating here, but my intuition suspects there was some pressure on SCO to disclose this.

    1. Re:10-Q covers up to July 31 by Panoramix · · Score: 2, Interesting

      I see.

      Yeah, it's fun to watch for, ahem, inaccuracies fed by SCO to the press, and is easy to believe they are less than honest. But it's wrong to just assume they are lying, and to say so, without evidence to support it. So I apologize. Thanks for pointing that out.

      It's probably just that this company infuriates me. I can't remember being so angry at a company. It has become really hard to maintain objectivity when dealing with these bozos.

  57. Funny but if you care what "goodwill" really means by TheTranceFan · · Score: 2, Informative

    "Goodwill" is the excess amount paid for a company (i.e. in this case a company acquired by SCO) over the book value of that company. Goodwill payments are amortized over periods up to 20 years, but generally companies try to get these kinds of payments out of the way much sooner than that.

    ______________________________
    Sigs are insigificant.

  58. Yes, someone mod that sucker up! by Galvatron · · Score: 3, Insightful

    The entire point of this document is to get Darl & Co. out of hot water when the lawsuits start flying. When it becomes clear to the general public that the SCO claims were full of shit, and that the insiders cashed out during that period, shareholders will start suing, and the SEC may even launch an investigation. McBride will point to this 10Q and say "we warned you that our claims might not hold up in court, and we furthermore went on to warn you that if our claims did not hold up, SCOsource would stop making money, and we would have no more revenue."

    --
    "The question of whether a computer can think is no more interesting than that of whether a submarine can swim" -EWD
  59. So wha's new? by heironymouscoward · · Score: 2, Insightful

    It's a surprise that SCO's attack on Linux is funded my Microsoft? I've been boring myself saying this for at least 3 months. Damn, if I could find those old comments.

    The scene: Microsoft is at war with Linux specifically, OSS generally, IBM implicitly, and the entire forward-looking IT community fundamenally.

    The problem: no-one believes a word that Microsoft says, anymore. The phrase "convicted monopolist" just rings too true. OK, thinks Mr CIO, we'll buy their products, because we have no choice, but they are a bunch of liars, and the sooner we can switch to something cheaper and safer, the better for all of us.

    The solution: launch a jihad through a shadow company. What better than Caldera, a failing Linux broker, who just happened to buy some Unix IP and is run by lawyers...

    The plan: Caldera renames itself to SCO to give itself some more street cred, then launches a one-two attack, first on IBM to give it that "David vs. Goliath" street cred. Hey, maybe someone thinks the world still hates IBM. (Guys, that is so 1980's!) Next, bounce off that attack into a full-frontal assault on Linux, using the tried and proven OJ defense. "Yes, gentlemen and ladies, if Linus is from Sweden, then all your source must belong to us!!"

    The press: it's a slow summer, and all this news is welcome. Hey, so are the little presents from those generous guys at SCO. Darl, we liked the trip to Malibu, yes sir!

    Microsoft: discrete distance. If SCO explode, they don't want to be contaminated.

    Darl's game: the hike in share value was an unexpected bonus, but hey, it's welcome. The real payoff is the parachute that Microsoft have prepared, a buy-out of SCO once/if they can win enough control over Linux. Imagine the scoop: Redmond buys Linux, a full fist up the backside for all those open source hackers. Wet dreams for the Redmond Boys, who have perhaps strayed into one goatse.cs too many.

    The OSS Community: "they can't be that stupid, surely?" Answer: no, they can't. So go figure their evil plan.

    Remember: this is happening in the USA, the country which has little stickers on hifi equipment saying "warning: not for internal consumption", the land of absolute truths, where a 12 year-old can be a cybercriminal, where laws are treated not as approximations but as holy documents. If, when, SCO win legal control over Linux, however bizarre the means and flimsy the justification, it will be an absolute win for Microsoft.

    My surprise is that the Microsoft sponsorship actually came to light so soon. I'd have thought they would find some way to hide it more discretely. As for Sun, all I can say is someone got them right proper. Silly eejits, did you really have to bend to Darl's salestalk? You've truly gone and made a huge mistake there, it is the death of your business.

    --
    Ceci n'est pas une signature
  60. SCO's claims generator code by xmple · · Score: 2, Funny

    print "We (SCO) demand " &
    (int(1001)*rnd*100000) & "$ from " &
    RandomSueList(int(101)*rnd) & " because " & RandomReasonList(int(101)*rnd)

    Be Warned: This source code is property of SCO, if you use it, you will be added to the RandomSueList

    --
    Time is the only precious thing I've got left; Don't waste it
  61. I don't think it is... Someone please correct me? by MickLinux · · Score: 2, Interesting

    I don't think it is a pump and dump. However, I posted something similar to this, asking for correction or confirmation on a previous SCO item, and never got an answer. So I'm going to post again. Anyone have details? Am I right or wrong?
    -----------

    (1) Microsoft funded the initial lawsuit by licensing SCO's code to no known purpose.
    (2) Almost nobody except for one trading firm is buying SCO stock. That one trading firm has in its board of director's Melinda Gates.
    (3) That one firm is buying up stock as fast as it can, and the rate of sale is determined by the options exercised by the management. That is, management is selling off stock *only* as fast as they create new stock.
    (4) Technically, this hurts the shareholders of the stock, by stripping them of percentage ownership, transferring the new percentage to the new buyers (Microsoft-directed trading company), and transferring the profits to SCO directors... but...
    (5) Aside from this Microsoft-directed Trading company, the only owners are SCO, so nobody will complain, and
    (6) The amount of money that the SCO directors are paid is a direct function of the price that they can hold, which has a lot to do with the ridiculous claims that they make.
    (7) SCO -- isn't that based in Nevada? If so, then their personal liability is almost nil for anything they do as a director of the company.

    In other words, this isn't a pump and dump scheme, if I am understanding this correctly. This is a legalized version of libel, being run by Microsoft.

    My only problem is that I'm not sure that I'm correct. Is there anyone in the know who can correct any of my impressions? Like Commander Data's maker, I'm often wrong, and well could be wrong here.

    --
    Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
  62. Re:I don't think it is... Someone please correct m by Zigg · · Score: 2, Interesting

    So I'm reading your post and it hits me...

    Microsoft wants to absorb SCO.

    Think about it. The stock options are the payoff for SCO's directors for going along with this thing. They test the PR waters by starting the whole IP action ahead of time.

    Meanwhile, the "trading firm" picks up shares of SCO whenever a director wants to sell it.

    Microsoft avoids an outright buyout which would, today, cause quite the PR backlash. But when they turn up as the owner of UNIX in a couple years, nobody's shocked...

  63. Re:Revenue != Cash received for products or servic by jazuki · · Score: 3, Interesting

    Actually this isn't quite true. Though IANAA (accountant), I seem to remember two rules:

    1. Revenue cannot be recognized unless it's earned
    2. Revenue cannot be recognized unless you're likelier than not to get paid

    Thus, unless SCO wants to get into really hot water really quickly, with the SEC, and with stockholders, they could not recognize the invoices as revenue. If a court says that they actually have rights on Linux, that's another story. But keep in mind that so far, they haven't asked a court to rule on that matter. Their suit so far is entirely about IBM's alleged Sys V contract violation.

  64. why don't we do something they will understand by Ikkyu · · Score: 3, Insightful

    Why don't we start as a community selling sco short (borrowing their stock from a brokerage house and selling it immediately, then you wait for the price to drop and buy it back, the broker gets his stock back and you get the difference in the price)

    1. it is a chance for some of us to make some money off of sco, for a change

    2. if the trend is noticed then people will start dumping the stock, thus hurting sco directly and getting our faithful paid back sooner

    3. we know for a fact that they are lying through their teeth, trying to bluff the stock price up, this is the best way I know to call that bluff and end their charade

    1. Re:why don't we do something they will understand by yeremein · · Score: 2, Interesting

      SCOX is already shorted to the hilt. This hasn't stopped the stock from sailing through the stratosphere (last seen in the range of $20/share) despite the company having no fundamentals. SCOX has a very small float--it's closely held. This means that insiders and friends of SCO can manipulate the price easily. Stay far far away from SCOX. It's too big a gamble, short or long.