Slashdot Mirror


Baystar Confirms Microsoft Behind SCO Investment

Bruce Perens writes "Business Week has confirmed that Microsoft arranged the Baystar investment in SCO. A managing partner of Baystar says the call wasn't from Gates or Ballmer. But it wouldn't have to be, would it? Obviously, there's more investigation to do." Reader skreuzer writes "Yahoo Finance is reporting that SCO announced that the company's board of directors has authorized management, in its discretion, to purchase up to 1.5 million shares of SCO's common stock over the next 24 months. SCO has approximately 14.4 million shares of common stock issued and outstanding. Any repurchased shares will be held as treasury stock and will be available for general corporate purposes." Newsforge (which is also part of OSDN) is also following the story.

468 comments

  1. Tell the truth, dammit by Lord+Grey · · Score: 5, Informative
    Well, this certainly flies in the face of at least one previous report, doesn't it? From that linked article:
    Blake Stowell, SCO's director of communications, acknowledged that the leaked memo is real.

    But, Stowell claimed, pundits had mischaracterized the memo's context. "We believe the e-mail was simply a misunderstanding of the facts by an outside consultant who was working on a specific unrelated project to the BayStar transaction and he was told at the time of his misunderstanding. Contrary to the speculation of Eric Raymond, Microsoft did not orchestrate or participate in the BayStar transaction."

    Responding to the allegations, a Microsoft spokesman said: "The allegations in the posting are not accurate. Microsoft has purchased a license to SCO's intellectual property, to ensure interoperability and legal indemnification for our customers. The details of this agreement have been widely reported and this is the only financial relationship Microsoft has with SCO. In addition, Microsoft has no direct or indirect financial relationship with BayStar."

    (Emphasis mine.)

    Golly gee, I wonder what they're trying to hide? Anyone?

    --
    // Beyond Here Lie Dragons
    1. Re:Tell the truth, dammit by stephenisu · · Score: 5, Funny

      In the state of underhanded tactics that MS has been known to use (I mean, they are a large corp, you don't get THAT big without playing dirty, or being free), I am not at all surprised. Next thing you know, they are gonna give free copies of Office to people who influence buying for their companies....

      /Obvious tag needed

      --
      Sigs? We don't need no stinking sigs!
    2. Re:Tell the truth, dammit by quakeroatz · · Score: 2, Insightful

      Well I'm convinced. If a Microsoft spokesman said they have "no direct or indirect financial relationship with Baystar" and Stowell (SCO) said "Microsoft did not orchestrate or participate in the BayStar transaction."...

      Then:

      1) They must be telling the truth.
      2) This must mean they had no involvement in the SCO suit.

      ??!?!?

      Golly gee, can I have another hit off that crack pipe?

    3. Re:Tell the truth, dammit by falonaj · · Score: 5, Informative
      Contrary to the speculation of Eric Raymond, Microsoft did not orchestrate or participate in the BayStar transaction.

      Well, if a Microsoft representative called Baystar from his private phone during a holiday, then it was technically not Microsoft who orchestated this.

      I wonder if Microsoft could be sued at all for unfair competition if Bill Gates chose to openly fund SCO shares from his private money?

    4. Re:Tell the truth, dammit by Danse · · Score: 3, Informative

      It wouldn't matter who made the call or when, as long as the money came from Microsoft. If it came directly from BillG himself, then it still wouldn't matter would it? He's the head cheese of Microsoft, and his money comes from Microsoft too, doesn't it?

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
    5. Re:Tell the truth, dammit by BoomerSooner · · Score: 0, Flamebait

      As long as the Bush Administration is in office MS can do whatever they want.

      Pro-Business/Anti People votes do have a cost.

    6. Re:Tell the truth, dammit by lacrymology.com · · Score: 5, Funny

      "Next thing you know, they are gonna give free copies of Office to people who influence buying for their companies"

      OH PLEASE! No you've gone too far... they would never go that...

      D'OH!
      -m

      --

      #
      # Modus Ponens
      #
    7. Re:Tell the truth, dammit by Nexus7 · · Score: 4, Insightful

      Spake Blake Stowell:
      "Contrary to the speculation of Eric Raymond, Microsoft did not orchestrate or participate in the BayStar transaction."

      This if I understand correctly is commercial speech. I wonder how the judges in the many instances of barratry that SCO has indulged in will like the fact that SCO is trying this in the court of public opinion, influencing juries, and all of that with bare lies. Not clear either how the so-called business channels that get all indignant and prissy over Martha Stewart can barely get themselves worked up to even report this. C'mon folks, this is a good and evil story like no movie ever seen.

    8. Re:Tell the truth, dammit by fishbonez · · Score: 5, Interesting
      "Contrary to the speculation of Eric Raymond, Microsoft did not orchestrate or participate in the BayStar transaction."

      "Microsoft has no direct or indirect financial relationship with BayStar."

      Those two statements are very close to lies but may just be deceptive statements that omit very important facts. I say this because it actually appears that Paul Allen orchestrated the SCO investment. I say this because:

      1. Paul Allen is a former member of the board of directors of MS and the second largest shareholder. Paul Allen now serves as a senior strategy advisor to top Microsoft executives.
      2. Paul Allen is one of the largest investors in BayStar Capital.
      So Paul Allen is in a position to advise and influence both MS and Baystar. He also has significant financial holdings in both companies. There is no tinfoil hat necessary to draw this connection.
      --
      Frylock: That's not a toy!
      Master Shake: You say that about everything you own. You should own toys. They're fun.
    9. Re:Tell the truth, dammit by TheRealMindChild · · Score: 1
      --

      "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
    10. Re:Tell the truth, dammit by DR+SoB · · Score: 1

      RE: Your tag:

      autoexec.bat should go into the root directory, not the windows directory :)

      --
      Mod +5 Drunk
    11. Re:Tell the truth, dammit by B'Trey · · Score: 2, Insightful

      No one is suggesting that the money came from Microsoft. Microsoft brokered the deal - they arranged for Baystar to give SCO the money. That way they could truthfully claim that they were not the source of SCO's money.

      --

      "The legitimate powers of government extend only to such acts as are injurious to others." Thomas Jefferson.

    12. Re:Tell the truth, dammit by Anonymous Coward · · Score: 0

      And it got this bad under Clinton, jackass.

    13. Re:Tell the truth, dammit by bhtooefr · · Score: 1

      On Mandrake 9.2: /mnt/win_c/
      On SuSE 8.2: /mnt/Windows/C/

    14. Re:Tell the truth, dammit by Anonymous Coward · · Score: 0

      /Retarded tag needed for parent post.

    15. Re:Tell the truth, dammit by Elektroschock · · Score: 3, Interesting

      As far as I know is Microsoft obliged not to enter the UNIX market due to earlier agreements. The downward spiral of SCo may affect Microsoft as well. When Sco's management would go to jail because of license fraud it will probably affect Microsoft managers too.

      Scosource Gregory Blepp (hired from SuSe) was many times very close to break the injunctions on the German market. If SCO tried to sell licenses or spread FUD at CeBIT, Hanover the rapid response would be to report the offence to the police and let them put the managers in jail.

    16. Re:Tell the truth, dammit by Giant+Killer · · Score: 1
      I wonder if Microsoft could be sued at all for unfair competition if Bill Gates chose to openly fund SCO shares from his private money?
      Didn't you know? All of Bill Gates' private money has been donated to charity.
    17. Re:Tell the truth, dammit by BiggerIsBetter · · Score: 3, Insightful

      C'mon folks, this is a good and evil story like no movie ever seen.

      No it isn't. To most business-minded folks, MS isn't evil - it's the pinnacle of corporate success. This is just how the game gets played. If it's illegal then sure it might get press, but just being dirty scoundrals isn't enough to get anyone interested.

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
    18. Re:Tell the truth, dammit by js3 · · Score: 2, Interesting
      did anyone read the article?


      Would he be interested in investing in SCO, they asked? Goldfarb wouldn't identify the executives, but says neither Chairman William Gates nor CEO Steve Ballmer were among them. He says Microsoft didn't put any money into BayStar or the SCO investment.


      so if microsoft didn't put any money into it why would baystar invest in SCO.. just for the hell of it?
      --
      did you forget to take your meds?
    19. Re:Tell the truth, dammit by edbarrett · · Score: 5, Funny
      As long as the Bush Administration is in [O]ffice
      No no no, that's Clippy. Although I can see where you could get confused...
    20. Re:Tell the truth, dammit by Anonymous Coward · · Score: 0

      SCOG is the Lee Harvey Oswald of Microsoft, Baystar is their Jack Ruby and Paul Allen's Ass is a vast grassy knoll!

      -Reynolds rapper

    21. Re:Tell the truth, dammit by k_head · · Score: 2, Insightful

      What a damning indictment of capitalism when you can automatically presume that any large company is unethical by default. That's it's impossible to grow a company without playing dirty.

      --
      The best way to support the US war effort is to continue buying American products.
    22. Re:Tell the truth, dammit by RoLi · · Score: 2, Insightful

      Probably not, but Microsoft isn't afraid of lawsuits (and why should they?), they are afraid that people see through all the SCO-mess as a meaningless FUD-campaign.

    23. Re:Tell the truth, dammit by k_head · · Score: 2, Insightful

      " No one is suggesting that the money came from Microsoft."

      Not yet. If people keep digging I bet they will find the body sooner or later. Why would a bank make a 50 million dollar investment just because MS said so? Doesn't that seem weird to you?

      --
      The best way to support the US war effort is to continue buying American products.
    24. Re:Tell the truth, dammit by Saeed+al-Sahaf · · Score: 4, Informative
      Well, if a Microsoft representative called Baystar from his private phone during a holiday, then it was technically not Microsoft who orchestated this.

      Nonsense. If a Microsoft representative calls up SCO on Christmas eve from pup someplace in Christchurch while wearing a pink tutu, and that person has their cell phone signal bounced off of the solar reflectors on the Mars rover, relayed through several satellites and sketchy third world telephone exchanges, bounced through sever P2P nodes and then piped into the PBX of the Mormon church, if that person is representing the interest of Microsoft at the request of superiors, then yes, technically Microsoft "orchestrated this."

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    25. Re:Tell the truth, dammit by Anonymous Coward · · Score: 0

      And the case was dismissed under Bush, jackass.

    26. Re:Tell the truth, dammit by Kierthos · · Score: 2, Insightful

      Well, let's face it. Look at the news. Enron, Arthur Anderson, Martha Stewart/ImClone, Haliburton, K-mart, Wal-Mart, WorldCom, AOL Time-Warner, the various SCO follies, Xerox, various energy companies, and so on, and so on...

      Bad news sells. It also promulgates faster then good news. So, maybe all of capitalism isn't doomed, but not for lack of trying by these companies.

      Kierthos

      --
      Mr. Hu is not a ninja.
    27. Re:Tell the truth, dammit by cyanics · · Score: 4, Interesting

      Lets pose a hypothetical situation:

      SCO starts wins over IBM, Linux becomes illegal.

      Microsoft, who is now apparently backing SCO, aquires SCO in a take-over. Microsoft now owns the rights to UNIX and a significant portion of Linux.

      How can it be a monopoly, if there is no competition?

    28. Re:Tell the truth, dammit by cshark · · Score: 1

      Phew, that was a close one. With the Microsoft apparently working under the terms of the Justice Department settlement, they were looking more like a software company, and less like a Bond villain there for awhile. This is even just as sinister as the Netscape deal. It's just that instead of being out in the open about it like they were then, the whole thing's a back room deal. No wonder they're Bush contributors.

      --

      This signature has Super Cow Powers

    29. Re:Tell the truth, dammit by Taladar · · Score: 2, Funny

      *searches for the "+5 Scary" Moderation*

    30. Re:Tell the truth, dammit by fshalor · · Score: 1, Interesting

      I was pointing out that M$ may be behind SCO's current move what seems like a year ago. There's just too many coincidences and illogical moves.

      Remember the released doc from M$ "The biggest threat to Microsoft is Linux" (paraphrased.) ... SCO's antics seemed a good, logical way of eliminating the teeth of that threat to M$.

      Cooling the wildfire of linux through it's Unix underpinnings (elidged) is an elligant and handed way of things, but it has begun to work in some sectors.

      My 2 centavos... This isn't a supprise at all.

      --
      -=fshalor ::this post not spellchecked. move along::
    31. Re:Tell the truth, dammit by segfault7375 · · Score: 1

      It wouldn't matter who made the call or when, as long as the money came from Microsoft. If it came directly from BillG himself, then it still wouldn't matter would it? He's the head cheese of Microsoft, and his money comes from Microsoft too, doesn't it?

      Well, it depends, if BillG paid out of his own private money, then (legally) there's nothing wrong with this, even though his cash came from MS. Think of it this way, if you get your paycheck and go buy drugs with it, does that mean your company can be prosecuted for drug trafficking? No, because you worked for and earned that money, it's yours.

      Just my thoughts on it.

      ~Segfault

    32. Re:Tell the truth, dammit by prshaw · · Score: 1

      >> why would baystar invest in SCO

      maybe because it is the business they are in?
      it is sort of how they make money, isn't it?

    33. Re:Tell the truth, dammit by Filmwatcher888 · · Score: 4, Funny
      D'OH!

      No.... DOD!

    34. Re:Tell the truth, dammit by Anonymous Coward · · Score: 0

      If micrsoft has purchased indemnification for it's customers, then does this mean that a user can run Linux on their Windows based PC's "Legally" as defined by SCO? I don't believe SCO's claims hold any water, but anyone care to comment on this perspective?

    35. Re:Tell the truth, dammit by SillySlashdotName · · Score: 5, Interesting

      Well, if a Microsoft representative called Baystar from his private phone during a holiday, then it was technically not Microsoft who orchestated this.

      Wrong. If an employee, in the preformance of assigned duties or at the direction of their employer - or even just with the knowledge of the employer, or if the employer SHOULD HAVE KNOWN - performs an illegal act, the company is responsible. In addition, the company does not lose their liability if the employee is told to wait until a non-working day and use a phone other than their office phone.

      If the employee, on their own, with no knowledge or approval, or expectation of approval of their employer did whatever evil and nefarious act, then the employer is not responsible or liable.

      In this case, if a person identified themselves as a Microsoft representative to BayStar and in some way gave BayStar the idea that Microsoft was interested in BayStar doing a deal with TSG, and BayStar, acting on the belief that it was in fact a Microsoft representative and a Microsoft request, entered in to the deal with TSG, then Microsoft IS technically "orchestrating this."

      I wonder if Microsoft could be sued at all for unfair competition if Bill Gates chose to openly fund SCO shares from his private money?

      Interesting thought. The answer is "No, to a point."

      If B.G. buys stock on the open market, he is buying from some other individual that owned the stock. D.McB. might like that - especially if he is buying the stock from D.McB. - but TSG (the company) would derive no benefit from the transactions.

      Up to a certain point he doesn't even have to declare his stock ownership (I believe it is around 5% of outstanding shares) - and it would take a much larger number of shares to actually be able to manipulate the actions of the company.

      The BayStar transactions, on the other hand, directly funded the further operations of TSG - including the attacks on Linux (and Linus) which seen to be in line with (and possible intended to further?) Microsofts' interests.

      Remember that there are things that a free marke company CAN do that a MONOPOLIST CAN'T do. This would seem, in my opinion, to be one of those things...

      --
      Acts of massive stupidity are almost never covered by warranty. --me.
    36. Re:Tell the truth, dammit by pair-a-noyd · · Score: 0, Flamebait

      I suspect they are trying to hide the fact that M$ has a LOT of STOLEN Linux code in it.
      Why not eh? Gate$ is a known IP thief and general bandit. And with the source code to M$ all closed up, who's to know?

      Linux birthdate, 1991
      Windows birthdate, 1995 (Win 95 that is)

      Things that make you go hmmmmmmmmmmmmm....

    37. Re:Tell the truth, dammit by Anonymous Coward · · Score: 0

      If you were in a position to influence
      company policy and bought drugs in such
      a way as it furthered company policy,
      and the board knew that you were going
      to buy drugs in such a way that it
      furthered company policy with respect
      to a competitor, using your own money
      might not get the company off the hook
      entirely, but I suspect it would be a
      grey area.

    38. Re:Tell the truth, dammit by Anonymous Coward · · Score: 1, Funny

      Yes let's all become socialists so that all the corruption can be centralized within the government.

    39. Re:Tell the truth, dammit by MimsyBoro · · Score: 1

      Sorry to tell you but this is very popular in this world.
      I know as a fact that medecine compaines give lots of goodies and treats to doctors so that they will recommend their products.

      That's the way life is....

      --
      God made the natural numbers; all else is the work of man - Kronecker
    40. Re:Tell the truth, dammit by mefus · · Score: 1

      as far as I know is Microsoft obliged not to enter the UNIX market due to earlier agreements.

      AFAIK, that agreement was made with... SCO (original) when MS sold Xenix to them.

      Dunno if TSCOG received that bit of property (wouldn't doubt it though, since they got Unixware) when they made the split with Tarantella from Caldera.

      --
      mefus
      In Open Society, GPL Software frees YOU!
    41. Re:Tell the truth, dammit by arkanes · · Score: 1

      Some rich guy (I want to say it was Ballmer, but I'm not sure) was quoted in an interview as saying "You can make a million dollars and still stay a moral. But you can't make a billion".

    42. Re:Tell the truth, dammit by SoTuA · · Score: 1
      How can it be a monopoly, if there is no competition?

      Isn't the definition of "Monopoly" the absence of competition? As in "no one provides X but me"?

      Oh wait, it is!

    43. Re:Tell the truth, dammit by B'Trey · · Score: 1

      Oh, I have no doubt what-so-ever that Baystar expects to benefit from it's cozy relationship with MS. More digging may very well reveal exactly what their angle is. However, I doubt seriously that the money Baystar gave SCO came from MS.

      --

      "The legitimate powers of government extend only to such acts as are injurious to others." Thomas Jefferson.

    44. Re:Tell the truth, dammit by rixstep · · Score: 1

      I think their wording is careful, and theoretically honest. Now I don't know who would believe MS could just call up, mention SCO was a good investment, and get BayStar to fork over $50 or $100 million 'just like that' - it just doesn't happen.

    45. Re:Tell the truth, dammit by rixstep · · Score: 1

      This is all very plausible, but the Mormons don't like pink tutus in their tabernacles. That detail is possibly in error.

    46. Re:Tell the truth, dammit by brlancer · · Score: 3, Insightful
      What a damning indictment of capitalism when you can automatically presume that any large company is unethical by default. That's it's impossible to grow a company without playing dirty.

      No, he said it's impossible to grow that big without being partially dirty. I always love that people criticise "big government" while believing corporations don't have the same faults, or vice versa. Power corrupts.

      It is a proven fact Microsoft has played dirty, often blatantly illegal. When you view companies of that size, there is a preponderance of evidence that they have all done something dirty. No one is claiming they are the mafia, but they've all done things which were unethical even if they weren't always illegal.

      As for Capitalism, it's broken by design; it requires third-party regulation by force else the bigger powers will bully the smaller powers and so on down the line. I won't speak for other countries, but regulation in the U.S. can't keep up with innovation and so you often get bad regulation or no regulation. Hence how Microsoft, and plenty of others, managed to continue for so long unchecked. From what I've seen, other nations have the exact same problem.

      --
      Someone asked if I had patched against MSBlast; I said yes, I installed Linux.
    47. Re:Tell the truth, dammit by MullerMn · · Score: 5, Funny

      "It looks like you're trying to funnel money to your corporate buddies and turn the country into a police state by 'liberating' the shit out of some foreign country. Would you like any help?"

    48. Re:Tell the truth, dammit by rixstep · · Score: 1

      This is interesting because NewsForge are now saying Vulcan have no further interests in BayStar.

      BayStar Capital is not owned by Vulcan Ventures, founded in 1986 by Microsoft co-founder Paul Allen, as has been reported elsewhere. Allen, who owns Seattle's Seahawks and Mariners sports teams, still owns a large stock position in Microsoft, but there is no known connection between him and SCO Group at this time.

    49. Re:Tell the truth, dammit by nanowyatt · · Score: 1

      "How can it be a monopoly, if there is no competition?"

      How can it not be a monopoly, if there is no competition?

      How can it be a monopoly, if there is competition?

      --
      Intellectuals! Liberals! Peacemongers! IDIOTS!!!
    50. Re:Tell the truth, dammit by Anonymous Coward · · Score: 0

      Except the case wasn't exactly dismissed, jackass.

    51. Re:Tell the truth, dammit by Anonymous Coward · · Score: 0

      you are obviously not a linux user, and no one else has explained it fully. /mnt/windows is a directory on his linux filesystem. You mount the FAT32 hard drive on that directory, thus the c:\ is now mounted at /mnt/windows, so /mnt/windows IS the root, and were autoexec.bat would be.

      Set yourself free, go get a Knoppix CD.

    52. Re:Tell the truth, dammit by Anonymous Coward · · Score: 0

      Microsoft is no longer obligated to not enter the UNIX market. That happened a couple of years ago now. That being said, its unlikely they would anyway, but not to say that they wouldn't like to buy and bury SCO should SCO prevail in their lawsuit.

    53. Re:Tell the truth, dammit by sumdumass · · Score: 1

      a bank would make that kind of investment if micorosof gave them the idea they were going to acuire SCO or somethignsimular. of course that might be insider trading and pose a bigger threat then the other scenario

    54. Re:Tell the truth, dammit by Anonymous Coward · · Score: 1, Insightful
      No, you're right, it wasn't dismissed. They simply had to agree to settlement terms that were tamer than the ones that they themselves offered to the Government *before* they'd been found guilty.

      I'm sure that had nothing to do with the huge sums of money Gates donated to the Bush-Cheney campaign, though.

    55. Re:Tell the truth, dammit by Anonymous Coward · · Score: 0

      It is a well-known fact that stories about Microsoft are made-up on Slashdot. What makes you believe that this is different.

    56. Re:Tell the truth, dammit by Captain+Splendid · · Score: 1

      Why was this modded Troll? Apart from Martha Stewart and some mild Enron hearings, the Bush administration hasn't exactly been supercop when it comes to the corporate world.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    57. Re:Tell the truth, dammit by gnu-generation-one · · Score: 1

      "No no no, that's Clippy. Although I can see where you could get confused..."

      It looks like you're trying to evaluate a non-microsoft product. Would you like to:

      (a) Get a free copy of the microsoft product (which you have to pay for, but not yet)

      (b) Have a marketing drone give you a lecture on how the acquisition cost of microsoft product can be made to appear cheaper

      (c) Convert all your documents to proprietry ones so you'll never be able to change software

      (d) Have us invade your country so that we can specify the software you use.

    58. Re:Tell the truth, dammit by Anonymous Coward · · Score: 0

      I wonder if Microsoft could be sued at all for unfair competition if Bill Gates chose to openly fund SCO shares from his private money?

      Unfortunately for us, Bill Gates doesn't do anything openly.

    59. Re:Tell the truth, dammit by DR+SoB · · Score: 1

      Thanks man, I get it! It was a dumb error on my part.. As the other poster said I should have thought before I posted..

      (Yes I'm not a Linux user, not a windows user either [well..of course I do have some windows machines..], but I consider myself a z/OS user..SNA!!!)

      --
      Mod +5 Drunk
    60. Re:Tell the truth, dammit by SnappleMaster · · Score: 1

      Am I the only one who found this article extremely lacking in information? Let's reserve judgement until the story is told rather than clamor for a whipping when all we have to go on is this:

      Lawrence Goldfarb, managing partner of BayStar, says that senior executives at the software giant had telephoned him about two months before the investment. Would he be interested in investing in SCO, they asked?

      --
      Be happy. Nothing else matters.
    61. Re:Tell the truth, dammit by Anonymous Coward · · Score: 0

      In this case, if a person identified themselves as a Microsoft representative to BayStar and in some way gave BayStar the idea that Microsoft was interested in BayStar doing a deal with TSG, and BayStar, acting on the belief that it was in fact a Microsoft representative and a Microsoft request, entered in to the deal with TSG, then Microsoft IS technically "orchestrating this."

      So if I call Baystar claiming to be with Microsoft, then would Microsoft considered to be orchestrating this? Even if some Microsoft employee calls Baystar from an MS office, and is not being done at the request of his superiors, then you can't really say its a Microsoft job with any certainty. As you said yourself, if the employee does something without the knowledge of their employer, then the employer (with the exception of specific circumstances) cannot be held liable.

    62. Re:Tell the truth, dammit by toopc · · Score: 1
      a bank would make that kind of investment if micorosof gave them the idea they were going to acuire SCO or somethignsimular. of course that might be insider trading and pose a bigger threat then the other scenario

      It's an investment, not a stock trade. Baystar didn't buy or sell stock in SCO, i.e. it's not insider trading.

    63. Re:Tell the truth, dammit by sumdumass · · Score: 1

      If the bank owns stock in SCO or any of the parties interested, it would be. A scheeme based on future events that influence the stock prices like the bank investment, if SCO buyes back it's stock from the bank after the investment or even if the bank uses the pumped up stock to get loans itself it would be insider trading.

      There could be other things involved behind the sceenes that arent directly conected to trading stocks at the time of the deal that could open these problem up. Insider trading was just one possibility but fraud would carry a jail term too. I think the monopoly practice stuff would just have fines.

      I'm thinking this could be something like a pyrimid scheeme in the background. Maybe time will tell. All i'm trying to say basically is if it is a coverup for microsoft it can potentialy open a bigger can of worms. A can that includes jail time on the lable.

    64. Re:Tell the truth, dammit by Anonymous Coward · · Score: 0

      just like the democrats.

      or did you think microsoft's bribe to them doesnt mean anything.

      if you think that, please dont vote.

      you are right, but both parties have the same price

    65. Re:Tell the truth, dammit by Ohreally_factor · · Score: 1

      Have you ever seen the secret underwear? Neither have I.

      --
      It's not offtopic, dumbass. It's orthogonal.
    66. Re:Tell the truth, dammit by SillySlashdotName · · Score: 1

      Sign in so slashdot readers can know who they are laughing at, or remain Anonymous and be ignored.

      --
      Acts of massive stupidity are almost never covered by warranty. --me.
    67. Re:Tell the truth, dammit by Anonymous Coward · · Score: 0

      Modded funny? How about off topic or flamebait since the original post said nothing about socialism. Or do we just assume any post critical of capitalism is automatically espousing socialism? On the other hand it is funny watching zealots try to argue with one another, though I'm sure that was not the modders motivation.

    68. Re:Tell the truth, dammit by StarWreck · · Score: 1

      Its a conpiracy against Linux!

      --
      ... and in the DRM, bind them.
    69. Re:Tell the truth, dammit by Anonymous Coward · · Score: 0

      NewsForge are now saying
      Vulcan have

      Is this pluralization of entity nouns some cool new grammar thing that I didn't get the memo on?

    70. Re:Tell the truth, dammit by Stephen+Samuel · · Score: 2, Interesting
      Cooling the wildfire of linux through it's Unix underpinnings (elidged)

      Oh, Linux has definite and real UNIX underpinnings, but what SCO 'owns' (or claims to own) isn't UNIX. SCO has the rights with respect to the code base that was once known is System V, which was a version of unix. There are other versions of UNIX.. some of which have an AT&T beginning and some of which don't.

      The name "UNIX", and the right to call something "UNIX" devolved to a group that has no relation to SCOG. What SCOG controls now may, or may not, qualify today as "UNIX". On the other hand I believe that at least one release of Linu has it's UNIX certification proess.

      --
      Free Software: Like love, it grows best when given away.
    71. Re:Tell the truth, dammit by Pseudonym · · Score: 1

      Only if that Microsoft executive was acting as a representative, surely?

      Why hasn't it apparently occurred to anyone that it might be a Microsoft executive or two who privately held SCO stock, and wanted to inflate the share price for private reasons unrelated to Microsoft's fortunes?

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    72. Re:Tell the truth, dammit by Anonymous Coward · · Score: 0

      Abuse of monopoly *is* illegal. What more do they have to do to turn people against them? Start mincing babies?

    73. Re:Tell the truth, dammit by Grishnakh · · Score: 1

      From what I can tell in talking with everyday Americans, they would still admire Microsoft even if they did start mincing babies, as long as they remained hugely financially successful. All that seems to matter to many Americans is how successful a company or person is, no matter how they got there.

    74. Re:Tell the truth, dammit by rastos1 · · Score: 1

      "No, thank you. I have a lot of experience in this area."

    75. Re:Tell the truth, dammit by Daemonic · · Score: 1
      Yeah, no other industry would ever give freebies to folk with the power to make purchasing decisions...

      c'mon guys - free samples are everywhere.

    76. Re:Tell the truth, dammit by Anonymous Coward · · Score: 0

      From what I can tell in talking with everyday Americans, they would still admire Microsoft even if they did start mincing babies, as long as they remained hugely financially successful. All that seems to matter to many Americans is how successful a company or person is, no matter how they got there.

      Indeed. Because, to most everyday Americans, having earned a lot of money automatically means you've done something good. Life's purpose is, after all, to make as much money as you can, then die and leave it all behind.

      But hey, if it makes daddy proud...

    77. Re:Tell the truth, dammit by Discoflamingo13 · · Score: 1

      All i'm trying to say basically is if it is a coverup for microsoft it can potentialy open a bigger can of worms. A can that includes jail time on the lable.

      That has got to be the best metaphor of the day!

    78. Re:Tell the truth, dammit by CyberdogOSX · · Score: 1
      Intellectuals! Liberals! Peacemongers! IDIOTS!!!, eh?

      what is this conservative hostility towards those of us who think for themselves? so, you hate peace? or do you hate people who know things? people with open minds?

      yeah, that's a great way to go through life. why don't you just tell us how to live? we'll all just do whatever you say, because you know all.

      conservatives are geniuses, man. how did i get this far without you?

  2. This part is not unusual. by GMontag · · Score: 4, Interesting

    A managing partner of Baystar says the call wasn't from Gates or Ballmer. But it wouldn't have to be, would it?

    Nope, it would not have to be a "tip-top" person, just has to be a Principal or someone with delegated authority from a company officer to be valid. This is not anything uncommon at all.

    Yahoo Finance is reporting that SCO announced that the company's board of directors has authorized management, in its discretion, to purchase up to 1.5 million shares of SCO's common stock over the next 24 months. SCO has approximately 14.4 million shares of common stock issued and outstanding. Any repurchased shares will be held as treasury stock and will be available for general corporate purposes.

    This is nothing new, odd, illegal, unethical or strange either. It is a common business practice of publicly traded firms.

    Now, the underlying story is where the problem sits, not with the scenery.

    1. Re:This part is not unusual. by BigFire · · Score: 5, Informative

      This is nothing new, odd, illegal, unethical or strange either. It is a common business practice of publicly traded firms

      Not when they're a couple of quarters away from insolvency. Stock buyback usually occurs when a company with low stock price have too much money on hand and no viable avanue of investement available.

      SCO qualified 2 out of 3 catagory, but they most definately do not have too much cash on hand.
    2. Re:This part is not unusual. by cmoss · · Score: 5, Interesting

      They say that they are initiating a buyback because the stock is a good value.

      This confilicts with the fact that ALL recent insider trades are sells.(after exercising options)

    3. Re:This part is not unusual. by vinsci · · Score: 5, Interesting
      Yahoo Finance is reporting that SCO announced that the company's board of directors has authorized management, in its discretion, to purchase up to 1.5 million shares of SCO's common stock over the next 24 months. SCO has approximately 14.4 million shares of common stock issued and outstanding. Any repurchased shares will be held as treasury stock and will be available for general corporate purposes.

      This is nothing new, odd, illegal, unethical or strange either. It is a common business practice of publicly traded firms.

      It would certainly be unethical if it's just the Canopy Group's way of transferring money from SCO to Canopy, in exchange for soon-to-be worthless SCOX shares. That's not unlikely, seeing what kind of deals Canopy has done with the companies they own in the past.

      That might even count as inisidertrading, depending on circumstances we can't know about, so chances are it's illegal, too.

      I guess they could defend themselves by saying it's been common knowledge for a long time that SCO is about to go out of bussiness. Of course, then they'd have been lying about their bussiness prospects... Oops!

      --

      Trusted Computing FAQ | Free Dawit Isaak!
    4. Re:This part is not unusual. by mefus · · Score: 5, Informative

      Someone on groklaw.net the other day suggested they might do something like this in the very near future, as they were nearing the "support" point in their continuing stock decline.

      --
      mefus
      In Open Society, GPL Software frees YOU!
    5. Re:This part is not unusual. by Anonymous Coward · · Score: 1, Interesting

      Nope, it would not have to be a "tip-top" person, just has to be a Principal or someone with delegated authority from a company officer to be valid. This is not anything uncommon at all.

      Not really. It may not have even been a "Microsoft" call. You have to remember that execs ARE people first and execs second. A junior exec could have overheard info about the suit and then called to tip off the fund based on personal speculation. His speculation was weighted heavier because of his MS status. ----Speculation over----- Honestly though, I believe it was someone high (just acknowledging the other possibility)

    6. Re:This part is not unusual. by drooling-dog · · Score: 1

      Given the risk of lawsuits from shareholders, maybe they should consider using some of that Microsoft cash to take themselves private...

    7. Re:This part is not unusual. by Anonymous Coward · · Score: 1, Insightful

      It would certainly be unethical if it's just the Canopy Group's way of transferring money from SCO to Canopy, in exchange for soon-to-be worthless SCOX shares. That's not unlikely, seeing what kind of deals Canopy has done with the companies they own in the past.

      That might even count as inisidertrading, depending on circumstances we can't know about, so chances are it's illegal, too.

      Actually, this might have interesting repercussions for the Linux desktop. Canopy part-own TrollTech, the company behind Qt. If things go pear-shaped and TrollTech go out of business, the Qt license reverts to a BSD-style license *, thus invalidating the main reason behind choosing GNOME over KDE for UserLinux.

      * This is a long-standing deal with something called the Qt Foundation, going back to before the Qt toolkit was GPLed

    8. Re:This part is not unusual. by NecroPuppy · · Score: 2, Interesting

      Part of me is wondering who they are going to buy the stock back from.

      Boise is due 400,000 shares.

      If Baystar/RBC provide some or all of it, it's a sweetheart deal where SCO redeams Baystar's investment, costing them nothing (they are just making shares up), and then buys them back, writing off the same expense twice.

      Baystar/RBC get their money, and SCO gets yet another chance to cook the books.

      --
      I like you, Stuart. You're not like everyone else, here, at Slashdot.
    9. Re:This part is not unusual. by k98sven · · Score: 4, Interesting

      Not when they're a couple of quarters away from insolvency. Stock buyback usually occurs when a company with low stock price have too much money on hand and no viable avanue of investement available.

      SCO has $50 million from the BayStar deal, with a redemption condition if the stock goes below ~$8.50 for 25 consecutive trading days.

      In light of that, initiating a buyback-scheme when the stock started dipping close to this mark is completely expected. Losing the BayStar investment is a much bigger loss than what it'd cost SCO to keep the stock price inflated.

    10. Re:This part is not unusual. by Anonymous Coward · · Score: 0

      To clarify:

      The purpose of this foundation is to guarantee the availability of Qt for free software development now and in the future.

      [...]

      Should Troll Tech ever discontinue the Qt Free Edition for any rea- son including, but not limited to, a buy-out of Troll Tech, a merger or bankruptcy, the latest version of the Qt Free Edition will be released under the BSD license. Furthermore, should Troll Tech cease continued development of Qt, as assessed by a majority of the KDE Free Qt Foundation, and not release a new version at least every 12 months, the Foundation has the right to release the Qt Free Edition under the BSD License.

      The KDE Free Qt Foundation

    11. Re:This part is not unusual. by rekoil · · Score: 1

      Also, I wonder who they're buying the stock from...I wonder if it's legal for a company to buy back stock from insiders. This could be part of the execs' exit strategy.

    12. Re:This part is not unusual. by indigeek · · Score: 3, Interesting

      This is nothing new, odd, illegal, unethical or strange either. It is a common business practice of publicly traded firms.

      I don't know about unethical or illegal, but it is certainly odd. A buyback occours only when the company feels that the share prices are too low. Now if the prices are low now, they certainly were low a few months back at 50 cents or so. What has changed between now and then which causes the values of the company to grow 18 fold? Even if we assume SCO's lawsuit has merit now, we must then assume that it had merit then.Its not as if Linus added code worth 17 times the value of SCO into the kernel in the last year. And SCO certainly must have known either way.
      So either the lawsuit is odd or the buyback is odd

      I would think this is a simple trick to use shareholders money - the company capital - to buymore shares, thus inflating the prices artificially. This would let the "insiders" sell their shares, celebrate a "going bust" party and go off to the Caymans. And then, it would be both unethical and illegal

    13. Re:This part is not unusual. by benploni · · Score: 2, Insightful

      SCO has $50 million from the BayStar deal, with a redemption condition if the stock goes below ~$8.50 for 25 consecutive trading days.

      Mod parent up. That is exactly what is going on. That's why they initiated the buyback.

    14. Re:This part is not unusual. by SubtleNuance · · Score: 3, Insightful

      Well, it makes complete sense. Use SCO capital (from MS) to buy SCO stock. Increase SCO stock price. Sell your own shares. You couldnt have MS pay money DIRECTLY to the SCO principles could you? I mean, really, running SCO into the ground with this obviously un-winnable ANTI-GNU/Linux crusade would mean that the SCO board would be purposefully destroying SCO -- they'd end up in Jail for not properly administering SCO.

      This is a perfect method of actually paying SCO directors to destroy SCO* for the benefit of M$.

      *not that SCO really had a chance w/ x86 unix -- GNU/Linux is going to dominate ALL Unix in short order.

    15. Re:This part is not unusual. by Anonymous Coward · · Score: 0

      gee i wisch u cud spill

    16. Re:This part is not unusual. by Anonymous Coward · · Score: 0

      Dow theorists say everything known is built into the market price for a security. When the stock was flying at near $20, the market assumed there was an angel backing the lawsuit. Perhaps, B.G. could be funding this thing out of change he found between his couch cushions.


      The scheme only works when the angel can act behind the scenes. This angel is powerless to act in the bright light of day. The light is shining brightly on this "obscure" little Utah company.
      I was sick of this case, but now that Microsoft is linked, people who were not previously interested have perked up.


      The market has finally seen this and the stock is headed back to sub $1 levels within the couple of weeks. BTW, SCO should hold off their buy-back program until then, because their "money" will go much further on the 21st.


      The stock is already too close to $8.50 to avert hitting the baystar trigger. They did everything they could to hold the $13 range and that failed.



    17. Re:This part is not unusual. by j7953 · · Score: 1

      What happens when they buy back the shares to keep the price high a bit longer, but than it drops below $8.50 for 25 days anyway? Will SCO then still have enough cash to pay back Baystar?

      --
      Sig (appended to the end of comments I post, 54 chars)
    18. Re:This part is not unusual. by k98sven · · Score: 1

      What happens when they buy back the shares to keep the price high a bit longer, but than it drops below $8.50 for 25 days anyway?

      It doesn't.. How this works is that they put the bid out there "We buy SCO shares at $9.50".. as long as they're out there buying, noone is going to sell for less.
      The stock can't drop below that.

  3. Where's the incentive to profit? by monstroyer · · Score: 5, Interesting

    Anyone still denying that FUD isn't an instituted marketing practice of Microsoft, even after being convicted of monopolist practices, can now bow their head in shame.

    Business Week is in no way a Linux Zealot and even they confirm that Microsoft enjoys competing on a level far removed from technical innovation.

    What was to happen at the end of these shenanigans? Once the lawsuit is over, where does SCO expect to get it's money? It's not like Microsoft will continue to invest in them once this crap is over.

    And does this come out of the MS advertising budget? Any advertising against our competitors is good PR? There is no way MS could re-coup anything from this other than FUD points. Where's the incentive to profit?

    1. Re:Where's the incentive to profit? by molarmass192 · · Score: 5, Interesting

      Once the lawsuit is over, where does SCO expect to get it's money?

      Dude, SCO doesn't have a long term continuity plan! McBride and his cronies are all set to cash out about this time next year. Once McBride flys the roost he'll probably turn around and sue SCO himself for something like he typically does. The stockholders will be the ones left holding the bag in the end and it's why I still can't understand why SCO isn't a penny-stock.

      --

      Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws-Plato
    2. Re:Where's the incentive to profit? by dnoyeb · · Score: 4, Interesting

      Dude, next year? Everyone but McBride has been selling their shares like nobodies business. The only thing we are waiting on is McBride to sell his. I think he had some restriction on selling, but I believe that is far gone by now.

      SCO is not a penny stock because SCO is a quality marketing (FUD) machine. SCO is not a software company. Once you accept that, their situation makes sense.

      As for the stock holders, the majority of them are institutions at this point. Slight majority though. The stock is so illiquid who could afford to be in it but big players.

    3. Re:Where's the incentive to profit? by njdj · · Score: 4, Interesting

      There is no way MS could re-coup anything from this other than FUD points. Where's the incentive to profit?

      Are you serious? Destroy Linux, and the only current threat to the Microsoft monopoly is gone. Every time a company buys Microsoft instead of installing Linux because of fear of lawsuits, that's more profit for Microsoft. Microsoft had every incentive to fund the SCO lawsuits.

      IANAL, but I'd like to see a lawyer comment on whether Microsoft could be convicted of conspiracy to violate antitrust laws.

    4. Re:Where's the incentive to profit? by Anonymous Coward · · Score: 0

      "Destroy Linux, and the only current threat to the Microsoft monopoly is gone" is untrue. Try BSD, it's great, and free.

    5. Re:Where's the incentive to profit? by Anonymous Coward · · Score: 0
      Are you serious? Destroy Linux, and the only current threat to the Microsoft monopoly is gone.

      No. There is Another.

    6. Re:Where's the incentive to profit? by Anonymous Coward · · Score: 0

      Let us not forget this entire thing started just before Windows 2003 server was set to ship....

    7. Re:Where's the incentive to profit? by Anonymous Coward · · Score: 0

      Heheh. It's funny, all these responses to your post are merely restating the point of your post, and yet they get modded up.

      Whuffie rubs off on nearest neighbors?

    8. Re:Where's the incentive to profit? by dspfreak · · Score: 1
      And does this come out of the MS advertising budget? Any advertising against our competitors is good PR? There is no way MS could re-coup anything from this other than FUD points. Where's the incentive to profit?

      It probably doesn't come out of any budget. Microsoft has more than $50B in cash and investments. If they're "investing" that money via Baystar, it's just part of what any company does with their cash. If the whole thing tanked, it would show up on their balance sheet as income (loss) from investments. Since they're making a couple billion a year in investments, this deal would hardly make a dent.

      --
      "Tolerance is the virtue of the man without convictions." -- G. K. Chesterton
    9. Re:Where's the incentive to profit? by second+class+skygod · · Score: 1

      To play Daryl's advocate (get it? hee hee) for a brief moment:
      If he is really only intent on cashing out, why hasn't he sold yet?

      -- scsg

    10. Re:Where's the incentive to profit? by Anonymous Coward · · Score: 0

      The people who develop BSD are just unpaid Microserfs. Microsoft has incorporated significant pieces of code (e.g. the TCP/IP stack) from BSD into some versions of Windows. It's legal - the BSD license permits it.

      Why would anyone in the Open Source world want to work (without salary) toward the goal of increasing Bill Gates's fortune? It sure beats me.

  4. Business week couldn't confirm it... by bc90021 · · Score: 5, Funny

    ...but rumours abound on Wall Street, that Lucifer, LLC, may secretly be behind the entire arrangement. "We can't confirm it", said one source who wished to remain very anonymous, "but we know that with soul trading trending upward, it can only be that Lucifer, LLC is on a buying streak." He continued, cautiously, "It seems, though, that the souls Lucifer is getting aren't of the highest quality."

    Ironically, a spokesperson for Lucifer, LLC, could be reached, and did indeed comment. "Oh, yes, we're snatching up all the souls we can. There's only two companies in this space right now, and being half of them, we're trying to beat out Heavenly Productions, LP. If they hadn't sunk so much capital into, and gotten so much great PR from that new movie, we might have been able to grab several more souls during the deal. We're betting, though, that soon enough, there will be promises that need to be kept, and then executives of 'certain companies' will be ready to sign their souls over."

    When pressed, the spokesperson would divulge nothing further about the companies, except that one of them was in a desert\, and the other in a dreary woodland area. "All I can say is that it doesn't seem to bother these execs, since they seem to have chosen areas much like our [Patent Pending] HELL world."

    Heavenly LP, privately held, had no comments. Lucifer LLC was up slightly on the day.

    1. Re:Business week couldn't confirm it... by Anonymous Coward · · Score: 0

      I'm so glad hell gets the advantages of pass-through taxation.

    2. Re:Business week couldn't confirm it... by Anonymous Coward · · Score: 0

      asshole michael couldn't wait. had to post this story abnormally early. i bet he popped a boner when he reviewed the submission

  5. now... by domenic+v1.0 · · Score: 5, Funny

    if only microsoft would invest that time and money into their security initiative.

    1. Re:now... by dingo · · Score: 1

      If only it were that simple...The whole left hand not knowing what the right is doing scenario (usually prevelant in large corporations) does limit constructive work (i.e. security) but does not in any way limit wholesale destruction. That is, it is easy to be a chaotic corporation and destroy your enemies. :)

      --
      The Borg assimilated my race & all I got was this lousy T-shirt
    2. Re:now... by Anonymous Coward · · Score: 0

      Hahahah Hahah, bleh. Really funny, maybe we could come up with something original?

    3. Re:now... by Anonymous Coward · · Score: 3, Funny

      No, it's all a misunderstanding... We thought they meant "Security Initiative", but what they *really* said "Securities Initiative".

    4. Re:now... by _Sprocket_ · · Score: 1


      now... if only microsoft would invest that time and money into their security initiative.


      You're mistaking the "security initiative" for a technical initiative. It is actually a marketing initiative. This recent development is also about marketing. So, in effect, it is actually related.

      :)

    5. Re:now... by Anonymous Coward · · Score: 0

      now if only microsoft would invest that time and money into their security initiative.

      Haven't you been watching Microsoft over the last 10 years?
      1. Spread FUD
      2. Litigate
      3. steal from the companies you can, crush the companies you can't
      4. do anything, anything, ANYTHING except compete on merit... beacuse they have none!

  6. Countersuit potential? by Junior+J.+Junior+III · · Score: 5, Insightful

    Is there any potential for a counter-suit here? This really seems like unfair behavior on Microsoft's stifle competition via a proxy corporation who'll do their dirty work for them. I hope someone can mount a counter-suit on behalf of the Linux community, and somehow defeat the MSFT legal juggernaut.

    --
    You see? You see? Your stupid minds! Stupid! Stupid!
    1. Re:Countersuit potential? by ultrabot · · Score: 1, Funny

      I hope someone can mount a counter-suit on behalf of the Linux community, and somehow defeat the MSFT legal juggernaut.

      That won't happen during Bush administration, for sure.

      --
      Save your wrists today - switch to Dvorak
    2. Re:Countersuit potential? by Anonymous Coward · · Score: 0

      Yeah, we oughta go back to the Clinton-era policy of "talking about doing something yet still do nothing."

      Some people have an exceedingly short memory.

    3. Re:Countersuit potential? by Rich0 · · Score: 4, Insightful

      I wonder if you can pierce the corporate veil here.

      The money given to SCO is probably a significant chunk of their total equity now - I don't know offhand how much ownership it purchased, but you might make the argument that SCO is a front for Baystar. Next you need to look at the contributions that Baystar got from MS and how big they are relative to the equity of that company. If you can show that SCO is acting as an indirect-front for MS, then you can probably sue MS for resulting damanges.

      If give a friend $100k to "take care of somebody for me", and they give a friend $80k to "take care of this problem", and then my problem disappears from the face of the earth, the police can come after me. If I set up 12 layers of shell companies and went through them, I'm still on the hook. RICO laws and all that - the gangsters were trying to avoid getting caught with this kind of stuff since the start of the last century. The laws are there.

      I would think that the best bet for prosecution would be from the state antitrust lawsuits against MS. While most have settled regarding past offences, I'm sure that this settlement doesn't cover future offences.

    4. Re:Countersuit potential? by mdielmann · · Score: 1

      While most have settled regarding past offences, I'm sure that this settlement doesn't cover future offences.

      Yep, even the church got out of selling indulgences a century or three ago. But these days, nothing would surprise me.

      --
      Sure I'm paranoid, but am I paranoid enough?
    5. Re:Countersuit potential? by kcbrown · · Score: 1
      If give a friend $100k to "take care of somebody for me", and they give a friend $80k to "take care of this problem", and then my problem disappears from the face of the earth, the police can come after me. If I set up 12 layers of shell companies and went through them, I'm still on the hook. RICO laws and all that - the gangsters were trying to avoid getting caught with this kind of stuff since the start of the last century. The laws are there.

      Yeah, and we've seen how well the other laws (Sherman anti-trust act) have worked against Microsoft, haven't we?

      --
      Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
    6. Re:Countersuit potential? by leandrod · · Score: 1
      >> someone can mount a counter-suit on behalf of the Linux community, and somehow defeat the MSFT legal juggernaut.
      >
      > That won't happen during Bush administration

      Isn't anyone else but the Federal Government of the USNA able to countersuit MSFT?

      --
      Leandro Guimarães Faria Corcete DUTRA
      DA, DBA, SysAdmin, Data Modeller
      GNU Project, Debian GNU/Lin
  7. Not bad by the+Man+in+Black · · Score: 5, Funny

    "LIAR! LIAAAAAAAAAAAAAR!" -- Carol Kane, The Princess Bride

    While I understand that this isn't illegal as such, isn't it an SEC violation?

    1. Re:Not bad by Anonymous Coward · · Score: 0

      Which part of "not illegal" didn't you understand?

  8. The SCOundrels' Follies by the_flatlander · · Score: 4, Insightful
    With their legal proceedings floundering, they've fallen to cynical stock market games in an effort to shore up their sagging fortunes.

    (Have you watched their stock making a run at zero over the course of the week?)

    The Flatlander

    1. Re:The SCOundrels' Follies by Anonymous Coward · · Score: 0, Offtopic

      What' really surprising is that the media continues to stonewall on the fact that Bush had full foreknowledge of the 9/11 attacks and may have even accommodated the attackers. Why the hell hasn't he been impeached yet?

    2. Re:The SCOundrels' Follies by laupark · · Score: 0

      Unfortunately not just scox is down, see novl :(
      SCO vs Novl

    3. Re:The SCOundrels' Follies by bfree · · Score: 1

      Try looking here and here and tell me Novell is down?

      --

      Never underestimate the dark side of the Source

    4. Re:The SCOundrels' Follies by laupark · · Score: 0

      But the same could be said of SCO who was in danger of delisting a year ago (sub $1). Novell and SCO seem to be mirroring each other is my point, not necessarily SCO crashing to the ground because of this latest news. I must give recognition to your point. It seems SCOX behaves as expected and is entering their death spiral slowly, and Novell crept up slowly/quickly on some well though out aquisitions and strategies. I can't really explain why NOVL would be down from ~$15 on SCOX misfortunes is my point.

  9. Does this surprise us? by robpoe · · Score: 5, Insightful

    The evil empire will stop at nothing until it achieves world domination. But, unlike SCO, the do not want to get their hands dirty - they want to appear as the benevolent kingdom...But would stop at nothing to hire professional (or in SCO's case - unprofessional) hit men to rid the world of the evil competition...

    Oh well, move along - nothing to see here..

    But at least we didnt have to wait until 3:56 PM for our SCO fix..

    --
    = Grow a brain...
    1. Re:Does this surprise us? by Dutchmaan · · Score: 1

      >

      Agree or disagree and like it or not, that sounds like a perfect description of the United States *IMHO*.

  10. Re:Poodle by Anonymous Coward · · Score: 0

    it just didn't add up that darl would make all that fuss without some sort of corporate backbone. now we know

  11. it seems that it's not even about code by Neuropol · · Score: 4, Insightful

    it's all a corporate powerplay. ms and sco need to get over themselves and get back to the task at hand. computing.

    1. Re:it seems that it's not even about code by Anonymous Coward · · Score: 0
      it's all a corporate powerplay. ms and sco need to get over themselves and get back to the task at hand. computing.

      Wouldn't that require hiring programmers? Who'd want to work at SCO after all this mess even if they dropped the lawsuits? It'd be like working for the Third Reich or an abortion clinic.

    2. Re:it seems that it's not even about code by AntiOrganic · · Score: 1

      If Microsoft had continued to be about computing instead of marketing, we'd all be using Xenix instead of Windows.

    3. Re:it seems that it's not even about code by Anonymous Coward · · Score: 0

      you seem to be confused as to what the main point of a business is. TO MAKE MONEY. why does microsoft write code? TO MAKE MONEY. maybe the task at hand for you is code, but for microsoft, sco, redhat, and slashdot, the task at hand is TO MAKE MONEY.

    4. Re:it seems that it's not even about code by gosand · · Score: 1
      it's all a corporate powerplay. ms and sco need to get over themselves and get back to the task at hand. computing.

      Dude, the task at hand is maintaining a monopoly. It hasn't been about computing since the early 90's.

      --

      My beliefs do not require that you agree with them.

    5. Re:it seems that it's not even about code by Anonymous Coward · · Score: 0

      Well, with both, you do get to kill things. The Third Reich might kill things that have a chance to kill you back, but with abortion clinics, you have a better chance of surviving killing a baby. Babies are easy to kill. Jews, not so much.

    6. Re:it seems that it's not even about code by Anonymous Coward · · Score: 0

      Babies are easy to kill. Jews, not so much.

      Six million bodies in mass graves say differently.

  12. Netcraft confirm ... by Koyaanisqatsi · · Score: 1

    For a split second, I read that title as if one of those fammous trolls came true.

    Oh well, one can only hope ;)

    1. Re:Netcraft confirm ... by Anonymous Coward · · Score: 0

      what is a fammous troll? i do not understand.

    2. Re:Netcraft confirm ... by Anonymous Coward · · Score: 0

      That's because you, sir, are a FUCKING moron.

    3. Re:Netcraft confirm ... by Anonymous Coward · · Score: 0

      browse a few article at -1 and understand you shall

    4. Re:Netcraft confirm ... by Anonymous Coward · · Score: 0

      Are you retarded?

    5. Re:Netcraft confirm ... by Brahmastra · · Score: 1

      it's kind of like a hummus roll

  13. Don't worry, microsoft is safe. by Gannoc · · Score: 1, Funny


    With Bush in office, you don't have to worry about the communists keeping microsoft from making money.

    1. Re:Don't worry, microsoft is safe. by ATMAvatar · · Score: 1

      It's terrorists now, remember?

      --
      "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
  14. CYA time, Mr. Goldfarb by grub · · Score: 5, Interesting


    Mr. Goldfarb is trying to look like an honest man while distancing himself and Baystar from MS and SCO. He readily admits that "senior executives" from MS phoned him but won't name names. He's scared. Leaked documents and an unmanagable conspiracy of silence are forcing him to admit to snippets of truth which paint him and the firm in the best possible light.

    --
    Trolling is a art,
  15. Microsoft bailed out Apple by Anonymous Coward · · Score: 0

    Microsoft bailed out Apple, and now they are keeping SCO afloat!

    1. Re:Microsoft bailed out Apple by Jim_Maryland · · Score: 2, Interesting

      Yes, but wasn't that to keep at least one competitor around to show that MS isn't a monopoly? It would be very difficult to defend against lawsuits if you were the only OS vendor for the desktop market.

    2. Re:Microsoft bailed out Apple by Anonymous Coward · · Score: 0

      *Sigh* One more time:

      Microsoft didn't bail out Apple

      $150M investment + Office deal was to settle multiple patent suit, notably QuickTime code found in MS media player, in exchange for inclusion of IE on Macs and patent cross-licensing. $150 was a tiny fraction of Apple's asset, even when they were bleeding cash.

      It's like saying change in Junior's piggy bank saves Dad's business from Chapter 11.

      Let's keep this trash out of /., shall we?

  16. Darl at McDonald's by Anonymous Coward · · Score: 0, Troll

    Darl is the kind of guy who would buy hot coffee at McDonald's, spill it on himself, and sue saying it was McDonald's fault.

    1. Re:Darl at McDonald's by Anonymous Coward · · Score: 0

      You're one of those guys that would post on slashdot... : (

      TR)0000000000000000000000000000000000lll

    2. Re:Darl at McDonald's by Anonymous Coward · · Score: 0

      ...and then claim he invented the Internet, while having problems with his iPod's battery.

    3. Re:Darl at McDonald's by britneys+9th+husband · · Score: 0, Funny

      Actually no, he would buy some obscure company that makes coffee, and sue McDonalds, claiming that parts of their coffee recipe violate his intellectual property. Of course, he would never tell which parts of the recipe had been copied. After suing McDonalds, he would threaten to sue other commercial users of Coffee (like small independent coffee shops) for IP violation.

      Furthermore, we would find out that Starbucks is actually bankrolling the whole effort, as a way of killing off the other coffee shops.

      --
      Hear recorded Slashdot headlines on your phone! New service beta testing. Just call (248) 434-5508
  17. I don't get it by shrykk · · Score: 5, Insightful

    I don't understand. SCO, crappy dying company, takes millions-to-one shot on a huge payoff (or was praying for IBM to settle). Retarded but plausible. But why would Microsoft want to back such a chancy scheme? Bad publicity when the case fails must more than make up for the FUD they've managed to spread.

    --
    #define struct union /* Reduce memory usage */
    1. Re:I don't get it by Penguinisto · · Score: 5, Insightful
      ...because "the enemy of my enemy is my friend."

      It doesn't take science to figure out that a company with $40bn in idle cash and nothing better to do with it would have no problems with tossing some of that dough into throwing its competition under a cloud of doubt.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    2. Re:I don't get it by 1s44c · · Score: 4, Insightful

      Your right.

      Microsoft would gain a lot of SCO was proved right. But they must have had their legal team look at the situation and report that SCO was just wasting its time.

      The best Microsoft can hope for is to spread FUD.
      The worst Microsoft could see is the GPL reinforced in court, and a hell of a lot of bad PR for their company.

      It's a bad deal from Microsofts point of view.
      Microsoft didn't get where they are now though bad deals.

    3. Re:I don't get it by niceandsunny · · Score: 1

      I think they're getting desperate.

    4. Re:I don't get it by isn't+my+name · · Score: 4, Insightful

      MS signaled this back with Halloween VII.

      Interestingly enough Halloween VII was making the rounds in Sept/Nov. 2002. It was in August 2002 that SCO brought in Morgan Keegan to try to find cash for them--and it was likely Morgan Keegan who both brought Boies on board and negotiated the original "license" deals with SUN and MS.

    5. Re:I don't get it by tres · · Score: 5, Insightful

      It says a lot about just how worried the MSFT corporate entity is about competing against Free software.

      Microsoft needed a stalling tactic. Two years away from the next-gen OS, security problems riddling their current offerings, and Linux is picking up steam. They absolutely needed something like this. It may have been a "bad deal," but I'd say MSFT was never looking to profit from this investment.

      If SCOX had actually won a case, it would have been a bonus, but that wasn't the point of the investment. MSFT wouldn't want anything out of this but to put off adoption until they could fill the gap left by their current offerings.

      --
      Notes From Under *nix: blas.phemo.us
    6. Re:I don't get it by thue · · Score: 2, Interesting

      Your post presumes that MS is omnescient. Perhaps they thought that SCO had a better chance of winning that they appear to have now.

      Consider that MS probably got a good deal of their information from SCO. There is no reason to assume that SCO was any more accurate with their estimates towards MS than they are towards us. And MS at the time they made their informed (or misinformed) choices didn't have the benefit of all the information that has become available in the last months.

    7. Re:I don't get it by /dev/trash · · Score: 1

      What about his right?

    8. Re:I don't get it by Nurseman · · Score: 1
      "It doesn't take science to figure out that a company with $40bn in idle cash and nothing better to do with it would have no problems with tossing some of that dough into throwing its competition under a cloud of doubt."

      Here is my question, is what MS did a crime? Sleazy, underhanded yes. A danger to their own Antitrust settlement, yes. FUD, yes.
      A actual crime ?? Not so sure.

      --
      Save a Life. Donate Blood. Please.
    9. Re:I don't get it by Anonymous Coward · · Score: 0

      How about this: MS buy up SCO, MS lawyers fight IBM lawyers; MS wins - MS now claims to own Linux and releases their own version - called PengWindows ...

    10. Re:I don't get it by GSloop · · Score: 2, Insightful

      Think of a drowning man.

      He'll drown you too in his fear when you try to rescue him. Doesn't matter that if he drowns you, he drowns himself too - he's irrational.

      IMHO, MS really is scared. They really don't have a lever to use to defeat Linux.

      You can't buy them out. You can't give it away free, and beat them on price. (Linux IS free, and as a bonus, the source code is included.)

      MS knows the power of "Free" - that's what got office in the door - OEM bundles of free office suites. Free inclusion of IE etc.

      So, what alternatives are left to attack Linux. Of all the alternatives, this seems the most powerful - attack the IP foundations of Linux. It's still a weak attack, but, IMHO, probably the best they could come up with.

      Cheers,
      Greg

    11. Re:I don't get it by gosand · · Score: 1
      The best Microsoft can hope for is to spread FUD. The worst Microsoft could see is the GPL reinforced in court, and a hell of a lot of bad PR for their company.

      Has bad PR hurt them in the past? They are called "computer viruses and worms", not "Microsoft viruses and worms" (which is technically more accurate). They have been convicted of antitrust violations by the US Government. They have forced many companies out of business. They have admitted that their products are insecure, but promise, for real this time, that they are going to take security seriously. They have been fined by foreign countries for their business antics.

      What else could possibly happen to them to hurt their reputation any more? I would like to believe that this whole SCO ordeal will have some effect on them, but I am starting to wonder if they are untouchable.

      (which makes me smile, because just when you start to think that....)

      --

      My beliefs do not require that you agree with them.

    12. Re:I don't get it by criscooil · · Score: 0

      I agree with you. But I think also there are a lot of people in and around micosoft who really do believe that free software is evil, and a threat to their own future. I think I remember reading somewhere that many micosoft employees have significant amounts invested in their own stock, and that diversifying was seen as treachery. If you're in that position, I guess it may be easy to convince yourself that everything possible must be done to stop Linux or at least slow it down.

      --

      My life is an open book ... up to a point.

    13. Re:I don't get it by spitzak · · Score: 1

      Microsoft was not interested in SCOX either winning or losing the case. Even a complete win would probably be forgotten in a few months. They instead wanted to delay everything as long as possible so that as many scary warnings about how dangerous Linux might be would be published in the PHB press.

    14. Re:I don't get it by Moofie · · Score: 1

      Breaking anti-trust agreement==crime.

      Me, I think MS is three strikes and they're out. I would LOVE to see their corporate charter revoked.

      --
      Why yes, I AM a rocket scientist!
    15. Re:I don't get it by Anonymous Coward · · Score: 0

      What else could possibly happen to them to hurt their reputation any more? I would like to believe that this whole SCO ordeal will have some effect on them, but I am starting to wonder if they are untouchable.

      Gosand to Microsoft: You'll dominate the planet and force your crap down my throat... You're untouchable... you can't loose.. you win... I'll obey you, mighty MSFT overlords, all my warez are belong to you!

  18. SCO stock price by falonaj · · Score: 5, Insightful

    It seems obvious that SCO's announcement to buy back shares is just another way to raise their stock. But I doubt that many potential investors will trust this announcement - it is very unspecific with such a two year time span. At least during the version trading hour today, the stock didn't exactly jump too high up.

    1. Re:SCO stock price by taniwha · · Score: 1

      The problem for them is that if the current stock price drops below $8.50 Baystar gets to bail on the PIPE deal and SCO is screwed (no way to pay the lawyers) .... since the stock has been dropping all week (~20%), left floating around $9.50 they must be getting really nervous - this is a legal way for them to prop up the stock price and keep their nose above water

    2. Re:SCO stock price by Tsali · · Score: 1

      I like this graph, too...

      http://finance.yahoo.com/q/bc?t=3m&s=SCOX&l=on&z =l &q=l&c=MS

      --
      This space for rent.
    3. Re:SCO stock price by falonaj · · Score: 1

      You probably meant this: http://finance.yahoo.com/q/bc?t=3m&s=SCOX&l=on&z=l &q=l&c=MSFT Milestone Scientific Inc. (MS) is completely unrelated to both Microsoft Inc (MSFT) and the SCO Group (SCOX).

  19. Nail 'em! by Orien · · Score: 5, Interesting

    I hope they finally get nailed on this one. I knew that insider trading would never stick because 1) they sold off a bunch of stock, but the price has only gone up so it wasn't a "sell before it drops" ploy ala Martha Stewart. 2) It was easy enough to say they were low on cash and sold the stock to get equity. Now this whole scandle seems a lot more viable. Let the witch hunt begin!

    1. Re:Nail 'em! by Anonymous Coward · · Score: 0

      "SCO.com uses Linux [netcraft.com]"

      they're allowed to, they have licenses...

    2. Re:Nail 'em! by Anonymous Coward · · Score: 0
      I hope they finally get nailed on this one. I knew that insider trading would never stick because 1) they sold off a bunch of stock, but the price has only gone up so it wasn't a "sell before it drops" ploy ala Martha Stewart.

      Note, though, that Martha S. did NOT commit insider trading crime, wasn't even charged with one (and for good reason, it WASN'T insider trading per se). She wasn't insider of ImClone in any way or form. Her mistake was to act like she thought she had done something illegal... US legal system is strange in that way; getting caught for lying is amongst worst crimes. It also pays to be good actor ("bwahaha I'm so sorry for killing that dude I beg for your mercy" to reduce sentence; or stay stone-faced and get extra punishment for failing to play acting game); which I find pathetic... Crime is a crime is a crime; intention shouldn't matter too much, and especially perceived regret should never be considered. Equal (not necessarily stone-fist hard, but equal) justice should be served without falling into acts of more skilled sociopaths or drama queens.

  20. About stock. by mindstrm · · Score: 5, Informative

    There is a common misconception out there that stock price directly affects a company... it does not.

    If I purchase a milliion shares of SCO on the open market, SCO does not see a PENNY of that money. The only time SCO sees money from the sale of stock is when SCO issues NEW stock into the market.

    So.. if the stock price goes up, it's good for a company, in that they can issue more stock, and get more capital without giving away such a large piece of the pie.

    However, microsoft buying a million shares of SCO would not by itself fund sco at all.... unless they bought those shares FROM SCO, which it doesn't sound like they are doing.

    1. Re:About stock. by Bull999999 · · Score: 1

      It does if the stock price becomes low enough to encourage a hostile take over.

      If MS buys enough shares of SCO, it creates demand, which boosts up the price, which allows SCO to sell more stocks at inflated prices.

      --
      1f u c4n r34d th1s u r34lly n33d t0 g37 l41d
    2. Re:About stock. by Fnkmaster · · Score: 5, Informative
      Baystar did a PIPE deal with SCO. See here for an explanation of PIPEs. This is when a private equity firm infuses capital to a publicly traded company by acquiring newly issued securities directly from the company at a discount to the current market price - not buying them on the open market. So the Baystar deal DID infuse money directly to SCO, though you're correct that the market price and open market transactions don't directly affect day to day operations of the company and don't directly feed cash into the company's coffers.


      Of course, a good market price makes it much easier to raise more money in a follow-on public offering, PIPE or other kinds of transactions.

    3. Re:About stock. by gfxguy · · Score: 4, Informative

      That's somewhat misleading...

      If the company is holding 50% of it's stock in reserves, and the stock price doubles because there is a perception that the stock is desirable, they've just doubled the value of their reserves.

      Moreover, all the executives who own stock in the company have more reason to keep up the fight, because they will personally gain.

      --
      Stupid sexy Flanders.
    4. Re:About stock. by fedork · · Score: 2, Insightful

      This is true, BUT
      SCO does not get the money, but people who holds the stock (for example our beloved Darl) do get it.
      So it may not be "SCO", but people at SCO...

      --
      ...remember good 'ol times when IP used to mean Internet Protocol....
    5. Re:About stock. by tjwhaynes · · Score: 3, Insightful

      If I purchase a milliion shares of SCO on the open market, SCO does not see a PENNY of that money. The only time SCO sees money from the sale of stock is when SCO issues NEW stock into the market.

      Ahh but if SCOG buys SCOX stock, say at a low price during a profound slump in their share price and does so in a manner as to not cross the written words in the SEC constraints on such purchases then you can get into fun with the accounting department.

      Now - you only buy back stock if you

      • have surplus cash
      • believe that the current share price will be exceeded in the future and you can make money by selling that stock later.
      • or you wish to be able to write off a loss against tax by playing games with your own stock.

      Yes - a company doesn't benefit directly from swings in its stock price, but it can benefit by trading in that stock. Even when that goes sour, clever accounting practices can help you recover that loss in other ways. I haven't peered too closely at SCOs recent manoevres but I seem to remember that any dip in share price allows them to record the conversion of the Series A convertible stock deal with Baystar as income. So you can have it both ways.

      Cheers,

      Toby Haynes

      --
      Anything I post is strictly my own thoughts and doesn't necessarily have anything to do with the opinions of IBM.
    6. Re:About stock. by old7 · · Score: 1

      However, the executives in the company do own stock and/or have stock options. When the price goes up the value of their holdings increases.

    7. Re:About stock. by Mateito · · Score: 1, Informative

      > If I purchase a milliion shares of SCO on the
      > open market, SCO does not see a PENNY of that
      > money.

      1) It is possible for a company to invest in its own stock, though there are rules and regulations over this. This is different from a Buy Back where the stock is effectively taken off the market.

      2) Although SCO as a corperate entity might not see a dime, plenty of individuals will. This may be as options, as stock bought at as discount though an employee purchase plan, as stock granted as "prizes" or simply because there is some bonus in the contract tied into the stock price.

      Originally, the stock price was an indicator of the market value of a company in the future. Company X is worth Y millions and has Z millions of shares in market, their shares are worth Y/Z. If you believe that in the future the company will be worth Y+dY Millions, then buying the shares for less than (Y+dy)/Z means that you will be making a profit.

      Of course, now its all speculation for the majority of non-blue chip companies, the stock price exists in some parallel universe. The SCO stock price rollercoaster has been a perfect example of this.

      3) PHBs, being PHBs, regard stock price as a measure of confidence. For example, I have heard people saying that one should avoid Sun servers as Sun's stockprice is low. Its the herd mentality. Stupid... and it seems that these people still haven't learnt anything despite the .com bust, despite 1987 and despite that they are going to do it all again some time in the next 20 years.

      IANAPHBY.

      (Y = Yet)

      Matt

    8. Re:About stock. by mindstrm · · Score: 1

      Yes, but the success or failure personally of those executives is not what keeps SCO afloat.

    9. Re:About stock. by Anonymous Coward · · Score: 0

      Nice tap-dance.

      Who is contemplating a hostile takeover of SCO?

      Raymond and Perens?

      hahaha

    10. Re:About stock. by Anonymous Coward · · Score: 0

      I don't think it was misleading, although perhaps it was over-simplifying. Some companies do own treasure stock like you explain, many don't (at least not any significant amounts). I just think it's good to emphasize that there's no automatic direct benefit; there seem to be people who assume such things. :-/

    11. Re:About stock. by mindstrm · · Score: 1

      Well two points.

      I'm not saying there are no benefits to the company.. there most definately are real benefits.. but the cash from the sale of shares is not always one of them.

      Further, if the company holds 50% in reserve, that is part of the stock price.. should they start selling that stock, the price would drop... just as if BillG dumped his MS stock, he would not necessarily be able to get anywhere near his paper value.. (though he'd still be a very, very, very, very wealthy man)

      Executives have reason to keep up the fight for personal gain? Good! That's how I'd want MY executives to be as well... but the fact remains, just because DARL might see some personal wealth from a big stock trade, it does not follow that SCO will be on any better financial footing.

    12. Re:About stock. by Wandersmann · · Score: 1

      Don't Darl's (and others') stock options mature at the end of the quarter? I think that this is his plan to have SCO buy back his stock privately so that when the bottom falls out of the stock price he has already cashed in.

  21. Like no one saw this comming by 4b696e67 · · Score: 3, Insightful

    It has been long speculated on here that Microsoft was bankrolling SCO. Now with proof, lets hope that this MS/SCO FUD about the Linux source is seen for what it is by the corporations and most of all the courts.

  22. Re:Poodle by stuffduff · · Score: 1

    Like I said before.

    --
    "Can there be a Klein bottle that is an efficient and effective beer pitcher?"
  23. Guess Who Invests in Baystar? Paul Allen by Anonymous Coward · · Score: 4, Interesting

    Paul Allen is an investor of Vulcan Capital, and they invest in Baystar. There's your connection.

    1. Re:Guess Who Invests in Baystar? Paul Allen by Anonymous Coward · · Score: 1, Informative

      A) Not true.
      B) Even if it were (which it's not), Paul Allen has bugger all to do with Microsoft these days.

    2. Re:Guess Who Invests in Baystar? Paul Allen by NaugaHunter · · Score: 1

      Is it me, or does every SCO story nowadays turn into the 6-degrees-of-Bill-Gates?

      "See SCO get there money from Baystar, which gets its money from Vulcan Capital, who has a large investor in the form of Paul Allen, who sits on the board of Microsoft, which is headed by BILL GATES!"

      (If you don't get the reference, click here.)

      --
      R: That voice. Where have I heard that voice before? B: In about 365 other episodes. But I don't know who it is either.
    3. Re:Guess Who Invests in Baystar? Paul Allen by Anonymous Coward · · Score: 0

      Actually, The 6-degrees of Bill Gates could actually be reversed with Paul Allen. Fate could have made it the 6-degrees of Paul Allen instead. Originally, Allen asked Gates to quit Harvard to help him with his startup, MicroSoft. Allen decided he could quit after his first billion, and left Gates to run the company. Allen found more joy playing with his toys: Blazers, Seahawks, Xperience Rock Museum.

      But sure as hell, somebody at Microsoft put up the $50 mil. The cadre (a.k.a. GoodFellas, wise guys) who could be called on to make the play is large: Gates, Allen, Ballmer, Allchin, and more.

      One thing about the Martha Stewart trial is brokers don't like to take the fall. The truth comes out when they're standing at the edge of the precipice.

  24. MS is just so sleazy. by Anonymous Coward · · Score: 0, Informative
    Here's what's so extra sleazy about this: when iI worked at microsoft, "we" (not me) stole intellectual property from apple, outright theft of technical documents.

    So, Microsoft doesn't harbor some deep respect for intellectual property, nor does it have any geek-to-geek respect for a fellow hacker like Linux. It's all about sleaze, sleaze, sleaze.

    1. Re:MS is just so sleazy. by Call+Me+Black+Cloud · · Score: 0, Flamebait

      Here's what's so extra sleazy about this: when iI worked at microsoft, "we" (not me) stole intellectual property from apple, outright theft of technical documents.

      Oh yeah? Well, when I worked at Microsoft "we" fed hungry children, built houses for the homeless, gave money to Apple to keep them from going under, and forced the CIA to cancel a clandestine hit on Linus Torvalds.

      So there you have it. More unsubstantiated claims. Please mod me up as informative, as was the parent post. Don't let the man keep this information down!

  25. Now every time I read about SCO.. by Channard · · Score: 5, Interesting

    .. I get the same 'nefarious ties' feeling that I do reading about one of Scientology's front groups, eg Narconon etc.

  26. Re: Don't worry about Microsoft by Gannoc · · Score: 4, Funny

    (Score:-1, Flamebait)
    by Gannoc (210256) on Thursday March 11, @10:59AM (#8532136)

    With Bush in office, you don't have to worry about the communists keeping microsoft from making money.


    This isn't flamebait, it is bitter, pessimistic political commentary. I have plenty of Karma to burn...

  27. SCO by robnauta · · Score: 0, Redundant

    A SCO article. So almost all the replies will be lame SCO/Linux jokes.

  28. Must be why they decided to sue GOD by MeBadMagic · · Score: 1

    check out this article
    SCO sues GOD

    --
    A friend will come and bail you out of jail, a true friend will be sitting next to you saying, "damn that was fun!"
    1. Re:Must be why they decided to sue GOD by slimpinto · · Score: 0, Offtopic

      ROFLMAO...

      --
      There's not enough Darwin awards to go around!
  29. Why stock buybacks? by Anonymous Coward · · Score: 2, Insightful

    They claim it's a good deal for them to invest in
    themselves, but is it normal for a company with
    seriously dwindling revenue streams to "invest" in
    their own stocks? No! So waht purpose could this serve?

    They can buy stocks at low market value now and later
    sell to a "private investor" at highly inflated prices
    with the "investor" saying it's a good deal based upon
    Deutche Bank's long term prediction of $45 value and
    thus re-fund the SCOG legal war chest.

  30. Simple by gfxguy · · Score: 1

    People who commit crimes don't expect to get caught, or they wouldn't do it.

    Companies that want to appear ethical do not commit unethical acts expecting to get caught.

    Do you think 9/11 Families for Peaceful Tomorrows would blast Bush ads expecting it to be found out that Theresa Heinz backs them? They should have used another outlet. Things like this happen all the time.

    --
    Stupid sexy Flanders.
    1. Re:Simple by Anonymous Coward · · Score: 0
      Do you think 9/11 Families for Peaceful Tomorrows would blast Bush ads expecting it to be found out that Theresa Heinz backs them? They should have used another outlet.
      I think you should check your 'facts' befoe spewing crap like this into the ether. If you believe Rush "rattles when dancing" Limbaugh, then you may as well believe any old heroin-addled tramp in the street.

      Heinz does not fund that 911 group. No-one funds it. Stop peddling this republican-comfort food, sheep.
    2. Re:Simple by Anonymous Coward · · Score: 0

      You mean 'check your facts' in a usage similar to 'check your coat at the door,' don't you, dude?

      Because we know, we know. What you believe is more important than what is. There's no absolutes. Everything is relative, maaaaan.

  31. Put tinfoil hat back on by Anonymous Coward · · Score: 0

    There is gathering evidence that wearing it may be the right thing to do after all

  32. 1984-Reloaded by Anonymous Coward · · Score: 0

    Take a seat and watch the trailer of the upcoming movie starring famous M$,SCO,Groklaw and others on:

    www.bravegnuworld.org

    Sums it up pretty nice :-)

  33. SCO is part of the Illuminati conspiracy by miskatonic+alumnus · · Score: 5, Funny

    Someone linked to this on Groklaw a few days ago. Anyone who's played Steve Jackson's "Illuminati" will get a kick out of it: SCO/Illuminati

  34. strange? by deviantonline · · Score: 1
    There is something really sneaky going on here. The fact that SCO and M$ seem so closely tied really makes me wonder what is going to happen in the near future in regards to some sort of M$ unix/linux hitting the market - or maybe some sort of hybrid like OSX. Or maybe I just dont know what I am talking about...

    (Im really just procrastinating - I have an essay on how opium was used to incorporate china into Western economic and political domination due today that I dont want to finish!)

    1. Re:strange? by 4b696e67 · · Score: 1

      Xenix was developed by Microsoft. (old)SCO then built a business around selling the once Microsoft product. I think there was a deal between (old)SCO and MS that MS would not compete against Xenix with another Unix OS.

      This agreement is probably still in place with the new SCO due to the new SCO getting a lot of the assets of the old SCO.

      Tinfoil time: This whole thing could be a ploy by Microsoft to end the SCO Unix agreement by folding SCO. They more than likely would not be able to buy them due to anti-trust. With the agreement gone they could sell a Unix based OS to compete against Linux/other Unixes. Plus, they can try to damage other Unix/Linux businesses in the process.

      That is all speculation. I am not at all even sure that agreement still exists. I'm sure someone on here more knowledgeable about (old)SCO Xenix development can correct me if I'm off base.

  35. 3:56 PM - funny you should mention that... by Chordonblue · · Score: 4, Interesting

    SCO painted their stock with quite a few shares starting at 3:55 PM yesterday. Call up a chart on SCO and look very carefully at the last few minutes. The line continues on it's downward pace then all of a sudden *bang* shoots up a few points.

    THAT my friends is desparation! To explain their obvious fooling around they came up with some sort of stock buyback scheme today hoping that no one will notice their tinkering.

    --
    "...Well, there's egg and bacon; egg sausage and bacon; egg and spam; egg bacon and spam; egg bacon sausage and spam..."
    1. Re:3:56 PM - funny you should mention that... by ted_the_canuck · · Score: 1

      I find that interesting that they did this in the face of broad based tanking in the market yesterday. Also, it's interesting that there was a big spike on volume this morning. I wonder if that was short covering, or there's more shenanigans going on.

      --
      ==
    2. Re:3:56 PM - funny you should mention that... by Anonymous Coward · · Score: 0

      Big spikes at the open or close are common in stocks, due to market-on-close or market-on-open orders.

    3. Re:3:56 PM - funny you should mention that... by Monkelectric · · Score: 1
      SCO painted their stock with quite a few shares

      Assume for a moment im an unemployed programmer whose never had enough money to but stock to know what "painting a stock" is?

      --

      Religion is a gateway psychosis. -- Dave Foley

    4. Re:3:56 PM - funny you should mention that... by the+shoez · · Score: 1

      Sir, no wonder you are unemployed if you can't operate the most basic of all a net users tool's - the unimpeachable Google

      --
      &lawyers($instruction);
    5. Re:3:56 PM - funny you should mention that... by Anonymous Coward · · Score: 0

      Yes, even Ralph Nader, if he was the only realistic choice. Ralph may be an attention whore, but he's a damn sight less evil than BushCo.

  36. It all makes sense now by Anonymous Coward · · Score: 0

    I remember a while back a chain email for Microsoft promising me a free SCO license for my reply and every email I could forward. Seemed a little strange at the time.

  37. Doctor, the voices keep saying... by Anonymous Coward · · Score: 0

    SCO! SCO! SCO!

    1. Re:Doctor, the voices keep saying... by Anonymous Coward · · Score: 2, Informative

      Do they say 'Scoe' or 'Ess See Oh'?

  38. .mobsters .controlling .communications? by Anonymous Coward · · Score: 0

    yikes almighty. no wonder the rest of the wwworld is distancing itself from US? besides all the greed/fear/ego based murdering/stealing, we also appear to be stupid?

    so now it's va.gov.mob.fud? ticker symbull vapr?

  39. The litmus test of this by goombah99 · · Score: 5, Insightful
    I have a litmus test to propose. but first some analsis. Why would a tanited recommendation from Microsoft be useful to baystar? I can understand from baystars position why they might invest in SCO for their own selfish reasons: if they are a company that specializes in high-risk high-reward investments then the SCO investment can be argued logically as a win for SCo would have a huge payback. You might disagree on the odds but well that's their bussiness and the odds*payoff actually is not so bad looking.

    But why would microsoft recommending SCO be a useful thing to baystar? Microsoft supposedly has no financial dealing with baystar so there's not "favor" to be granted here. And Microsoft obviously had a vested interest in giving the advice and I'm sure baystar was smart enough to see through that--so the advice would have no tangible use.

    KEY point: The most benign explanation is that they were merely bringing it to baystars attention and presumbaly did so to many other companies. The key test is then: did they or did they not call hundreds of other speculative investment houses in hopes of convincing one with this long shot advice?

    If they did not do so with many other companies then why did they think they had any standing to cold call baystar and give tainted advice? If they just called baystar alone then its very fishy. they must have promised other tangibles. Such as investing in companies baystar recommended back or promising cash influxes and supprt for the lawsuit.

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:The litmus test of this by dzelenka · · Score: 3, Insightful

      This is an interesting point. I won't need to ask others to mod you up.

      My guess is that there is a chain of "buddies" that connect the two companies. This deal was closed over a beer (...or a soda in Utah). This connection will be impossible to find or prove. We will also never be able to discover overtures to other "speculative investment houses" because of a similar lack of paper trail.

      --
      Bah!
    2. Re:The litmus test of this by Anonymous Coward · · Score: 1, Insightful

      Why this is of advantage to Baystar

      1. As you mention, high-risk/high-reward opportunity.

      2. Favour to Microsoft, who have many $ lying about to invest. Maybe Microsoft didn't contrib the money for the SCO investment but that does NOT mean there was no implication of financial reward directly from MS in the future in the form of investments in other ventures. Possibly backs were being scratched here.

    3. Re:The litmus test of this by jeabus · · Score: 4, Insightful

      It doesn't matter which, or how many, investors they contacted. MS is not in the investment analysis business, they're in the software business. The only real question is why is MS seeking investors for SCO? SCO is a competitor after all. Is MS also seeking investors for Apple and Red Hat?

      --

      Save me Jeabus!

    4. Re:The litmus test of this by Anonymous Coward · · Score: 0

      See if any Baystar executives have made any LARGE cash purchases, or maybe they are hiding it under their bed...

      You better believe it is hidden behind some well-done (@350 degrees) accounting records. It is highly likely out of gate's pockets, not microsoft's.

      What a bunch of pussies. Can't compete, so turn to the lawyers. Makes me want to puke.

      I shit on Microsoft and SCO. Crotchrotten companies don't last long in IT, haven't they learned? Even the mighty Microsoft's days are numbered. They are essentially in the same boat as SCO, just not as far along yet.

      l8,
      AC

    5. Re:The litmus test of this by mefus · · Score: 1

      The key test is then: did they or did they not call hundreds of other speculative investment houses in hopes of convincing one with this long shot advice?

      I think MS is playing multiple roles, here. They are both managing direct investments in SCO vis-a-vis Baystar and RBC. They are also promising results on the licensing end, by making it attractive to companies like EV1 (?) to buy in to the licensing program.

      That's the impression I get from Halloween X.

      --
      mefus
      In Open Society, GPL Software frees YOU!
    6. Re:The litmus test of this by SillySlashdotName · · Score: 1

      Interesting thought.

      However, what possible justification can Microsoft have for calling ANY (one or hundreds of) companies on TSGs behalf?

      Would not ANY interference, on ANY scale by Microsoft be improper based on their legal standing as a monopoly? If so, the litmus test you propose is of no worth. The question devolves into a true/false, black/white, 0/1, yes/no situation and a litmus test is not needed.

      --
      Acts of massive stupidity are almost never covered by warranty. --me.
    7. Re:The litmus test of this by rixstep · · Score: 1

      This all makes great sense, except that we're seeing the story from the perspective of it now unraveling. So the little crumbs we get thrown as retraction after retraction drops in are in themselves part of the story.

    8. Re:The litmus test of this by toopc · · Score: 1
      Is MS also seeking investors for Apple and Red Hat?

      Seven years ago, MS itself invested $150 million in Apple. So yes, when there is a benefit to Microsoft, it will seek to shore up its competitors.

      I don't understand why this is a hard concept to understand. Look at the Lindows guys putting up a reward for people to hack the Xbox. Essentially the same thing - although even less of a point since a hacked Xbox gives very little benefit to Lindows.

    9. Re:The litmus test of this by Qeantk · · Score: 1

      NO, that is to the DETRIMENT of his competitor, since they lose money on Xbox sales, so a hacked Xbox hurts them.

    10. Re:The litmus test of this by fferreres · · Score: 1

      Favour? "Invest 50MUSD in this loser company, that by the way is one of the remaining competitors. Make it autodestruct, and in the way, brind down Linux"...

      Nobody loses money to make friends.

      The fact that Paul Allen was a founder of BS, and that Melissa works there is a strong indicator that they act on behalf of Microsoft godfathers.

      --
      unfinished: (adj.)
    11. Re:The litmus test of this by mackinaugh · · Score: 1

      Not really.. they bought $150 million of non-voting Apple stock, agreed to continue production of some software for the mac (I forget what), and signed an agreement to share technology w/Apple in exchange for Apple dropping the patent infringement suit against Microsoft .

      It was a payoff, not some benevolent act.

    12. Re:The litmus test of this by kwandar · · Score: 1

      I was pondering why Baystar would make the investment as well. I have two possible scenarios:

      1) Microsoft or friends agreed to indeminfy Bayshore for any losses suffered; or

      2) Bayshore was provided with Microsoft stock to short (remember they are a hedge fund) so that if SCO won they were ahead with their SCO position, and were hedged against their losing by being short on Microsoft.

  40. Re:help by Anonymous Coward · · Score: 0

    Google language tools and Babel Fish both say:
    "sofort"

    Of course, this is probably 100% WRONG!

  41. Behold the next move from SCOX/MSFT by patrixx · · Score: 5, Interesting

    The ability to run Linux without Linux!
    (http://www.sco.com/products/lkp/faq.html)

    Linux Kernel Personality FAQ
    For UnixWare 7

    What is the Linux Kernel Personality?

    The Linux Kernel Personality (LKP) is a feature of the UnixWare 7 operating system which enables the installation and the direct, native execution of Linux(R) applications. The primary attributes of LKP are:
    Exploit the power and scalability of the UnixWare kernel to run Llinux applications. the Linux Kernel Personality contains most of the RPMs required to execute native Linus applications, but it does not include a Linux kernel.
    Applications compatibility: Linux applications install and run without modification. UnixWare 7 customers now have a powerful tool to assist in the migration from Linux to UnixWare.
    UnixWare 7 feature availability: Linux applications can benefit from the features and options available for UnixWare including a journaling file system, RAID support, and increased scalability, security and reliability.
    Versatility: Users can dynamically choose either environment, Linux or UnixWare 7 or mix both, as needed.

    Didn't SCO suspend its Linux product line?

    Yes. The Linux products were suspended due to intellectual property issues associated with Linux. The LkP feature doesn't contain a Linux kernel, and therefore to the best of our knowledge, there should be no infringement issues. If the prior statement were proven inaccurate, SCO would take appropriate steps. In the meantime, the LKP feature is available to assist customer migration from Linux.

    Why is The SCO Group(R) doing this?

    SCO recognizes that many customers want to migrate away from Linux, but can't afford to disrupt their day to day operations, nor can they afford the engineering resources to port and test the Linux applications in a UnixWare environment. The Linux Kernel Personality addresses all of these concerns. Native Linux applications runs unchanged on UnixWare, which provides the following benefits to the customer:
    Customers can asses using UnixWare in their environment without making costly application program changes.
    Customers who want to migrate to UnixWare, but some of the source code for critical applications they need to continue to run is no longer available.
    Customers are considering migration to UnixWare but are concerned about the risk of changing both the operating system and the application at the same time.

    Does LKP emulate a Linux application environment, much like lxrun?

    No, LKP is not a Linux environment emulator. An LKP installation includes the Linux application environment running on a UnixWare kernel. Unlike the LxRun environment, LKP doesn't contain an emulation layer.

    How can I install Linux applications? Do I have all the tools?

    Yes, you can install Linux applications. Linux libraries and system tools, including the rpm installer, the shell utilities, and the configuration files, are provided in UnixWare 7. The UnixWare 7 installation loads the entire (former) Caldera OpenLinux Server system, with the exception of the Linux kernel.

    How is Linux compatibility provided?

    LKP is a standard feature ofUnixWare 7. LKP and the necessary OpenLinux RPMs are part of the basic media kit.

    Do I get a full Linux distribution with UnixWare 7?

    LKP does not provide a Linux kernel. With the exception of the Linux kernel, however, the entire Linux distribution is installed in a /linux directory.

    Is the use of Linux applications transparent?

    Yes. Linux ELF binaries are treated as first class executable programs. The Linux process coexists with other UNIX processes and shares the system equally. You run with Linux shells and desktops and use familiar Linux tools and utilities. The system keeps track of your environment for you, so that Linux and UNIX functions and utilities do not collide.

    How can I access the Linux environment from UnixWare 7?

    Run

    1. Re:Behold the next move from SCOX/MSFT by FuzzyBad-Mofo · · Score: 4, Insightful

      I can only wonder at the number of GPL violations that surely exist in that software. I would advise companies to steer clear of such legally encumbered software, and use the free and clear Linux or BSD operating systems instead.

    2. Re:Behold the next move from SCOX/MSFT by Anonymous Coward · · Score: 0

      The LkP feature doesn't contain a Linux kernel, and therefore to the best of our knowledge, there should be no infringement issues. If the prior statement were proven inaccurate, SCO would take appropriate steps. In the meantime, the LKP feature is available to assist customer migration from Linux.

      Can anybody say GPL violation?

    3. Re:Behold the next move from SCOX/MSFT by saforrest · · Score: 1


      Yes, you can install Linux applications. Linux libraries and system tools, including the rpm installer, the shell utilities, and the configuration files, are provided in UnixWare 7.


      Shell utilities? You mean, like all the GNU tools?


      LKP does not provide a Linux kernel. With the exception of the Linux kernel, however, the entire Linux distribution is installed in a /linux directory.


      Hey kids, it's GNU/Linux without the Linux!

      They're directly claiming to provide all the GNU tools and all the tremendous number of other GPL'ed applications in a Linux install image bundled into a proprietary, commercial product.

      It's just so hard to understand. Even if Linux was crawling with code yanked from SCO/Unix, even if the were GPL were somehow declared non-binding on a global scale, what on earth does SCO think gives them the ownership to GPL'ed code which is clearly not tainted?

      If the GPL were conclusively shown to be non-binding tomorrow, we would all be suddenly sitting on a tremendous mass of copyrighted code to which we had no right (unless we happened to be the sole authors). This does not suddenly make it all public domain.

      Anyone know if the FSF plans a suit?

    4. Re:Behold the next move from SCOX/MSFT by elFarto+the+2nd · · Score: 1

      RPMs required to execute native Linus applications, but it does not include a Linux kernel.

      I was about to comment on the typo, then I notice it was in the original. Do you think Darl knocked that up on his first word processor?

      Regards
      elFarto
    5. Re:Behold the next move from SCOX/MSFT by molnarcs · · Score: 1
      I can only wonder at the number of GPL violations that surely exist in that software. I would advise companies to steer clear of such legally encumbered software, and use the free and clear Linux or BSD operating systems instead.
      There isn't necessarily GPL violation involved. FreeBSD does have a linux-compatibility layer, which works exactly the same way as LKP is described to work. I can even rpm -ivh whatever on my BSD box (in fact, that's how linux binaries are installed when using some linuxport). But that doesn't mean they are in no violation of the BSD licence. Of course, BSD software can be incorporated into closed-source products, but:

      1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
      As I said, SCO might not violate the GPL via LKP. But this could be easily verified. Does UnixWare have the Regent's copyright notice? Either way: they are either in violation of the BSD licence if no such notice can be found in docs relating to LKP, or it is very likely that they are in violation of the GPL (using GPL code to achieve compatibility).

      I only brought this up because there are 3 ways SCO could achieve what LKP does:

      • Write a compatibility layer from scratch, without using any GPL code.
      • Write a compatibility layer using some GPL code
      • Port an existing and working compatibility layer, that has a licence that permits closed-source implementation.
      Which one would you choose in their place?
    6. Re:Behold the next move from SCOX/MSFT by FuzzyBad-Mofo · · Score: 1

      I don't claim to know the answer, but I think this is something that the RedHat, IBM, Novell, ect. legal teams should be looking into.

      Write a compatibility layer from scratch, without using any GPL code.
      This would be the safest implementation, but we know that SCO's business is now based on lawsuits, not software.

      Write a compatibility layer using some GPL code
      This is what I suspect, especially since Caldera was once a Linux company. However, since they have declared war on the GPL, it would seem that they lost any right to use GPL software. (disclaimer: IANAL)

      Port an existing and working compatibility layer, that has a licence that permits closed-source implementation.
      If I was in SCO's situation, this is what I would do. However, SCO has shown an utter lack of clue to this point, why would they start now?

  42. This will all work itself out. by presearch · · Score: 4, Insightful

    What's cool about this is that any involvement with Microsoft, no matter how compelling
    it may seem in the beginning, is the kiss of death for the other company that gets involved
    in a "deal" with Microsoft. They can't help it. Win-Lose is the only outcome that's acceptable to M$.

    How this works out to Linux users is unknown, but SCO's fate is sealed:
    Ignominy, disgrace, failure, collapse.

    1. Re:This will all work itself out. by BlueCup · · Score: 1

      Oh please. Sure, the average slashdot reader probably wont be using a lot of baystar products, but does your average person with the ability to buy these products even know about all of this? Or even care? No. If this is true, Microsoft will have made it worth their while, and they're certainly not going to be losing all of their customers, or even a good portion

      "What do you do when your competitor's drowning? Get a live hose and stick it in his mouth." - Ray Kroc, founder, McDonalds.

      --
      WANNAWIKI Wannawiki WannaWiki WANNAWIKI!
  43. I've got GREAT news! by Chordonblue · · Score: 4, Funny

    "So, SCO's claims against IBM (and the rest of the world) have turned out to be legit?"

    "No... I just saved a sh!tload of money by switching to Geico!" :)

    --
    "...Well, there's egg and bacon; egg sausage and bacon; egg and spam; egg bacon and spam; egg bacon sausage and spam..."
    1. Re:I've got GREAT news! by rudy_wayne · · Score: 1

      I lowered my cholesterol.

  44. Re:Poodle by lburdet · · Score: 1

    "backbone" say you, troll?

    So Darl Vader *isn't* the spineless bastard he's been made out to be?

    me confused.

  45. SCO *HAS* To Buy Back Stock by Anonymous Coward · · Score: 5, Interesting
    It's so nice of SCO Group to announce a buy-back program, but you'll note that these buy-backs do not have to occur on the open market.

    1. SCO Group must buy back shares from certain investors because of their stock price and the looming failure to file the PIPE registration.

    2. This is an excellent way for Canopy to liquidate its holdings in SCO Group.

    The average investor won't make a dime, and will likely be left holding the bag on this one.

    1. Re:SCO *HAS* To Buy Back Stock by -tji · · Score: 1


      Stock buyback programs are not uncommon.. But, they are usually done when the company has tons of cash and the stockholders are demanding they do something with it.

      According to their last quarterly earnings information, SCO has $58M in cash, which dropped from 64M in the previous quarter. Their market capitalization is $140M, so $58 is a decent percentage of their total value. But, when you look at their operating expenses, profitability (they lost money last quarter), and their diminishing cash reserves, this doesn't make a lot of sense.

      Can anyone with more of a financial background comment? Is there precedent for this?

    2. Re:SCO *HAS* To Buy Back Stock by Anonymous Coward · · Score: 0

      There isn't a precedent I guess. It is a desperate action to keep the stock artificially high (despite being on the other side of the hill) so the laywers get a feeling their options have still value. If management itself hasn't plans to cash in next week. Wonder who became rich and who will see court.

  46. Gates or Ballmer by LittleLebowskiUrbanA · · Score: 5, Insightful

    The call wasn't directly from Gates or Ballmer?

    So what?! That's like saying a Sgt in the Marines actions in Iraq weren't directly ordered by Bush or Cheney. It's what we call in the military the chain of command or maybe the commander's intent. In other words, the commander lets his troops know what he wants done and how much freedom they have accomplishing this goal.

    I believe Gates and Ballmer knew what was going on.

    1. Re:Gates or Ballmer by Anonymous Coward · · Score: 0

      I doubt Ballmer knows what's going on anywhere except the canteen.

    2. Re:Gates or Ballmer by LittleLebowskiUrbanA · · Score: 1

      " I doubt Ballmer knows what's going on anywhere except the canteen."

      And on the dance floor.

    3. Re:Gates or Ballmer by Anonymous Coward · · Score: 0

      If they didn't know, then some upper management lackey took some very risky and poorly-advised actions connecting SCO and M$. They should be sacked. But of course they knew, /. posters have 'known' for months.

    4. Re:Gates or Ballmer by starling · · Score: 1

      I'm sure whoever made the call was only following orders.

    5. Re:Gates or Ballmer by Thunder_Princes · · Score: 1

      1990: paul allens plane in conversation between bill, paul and myself i heard bill state "we have 19% of SCO now"

      2004: the comment is, of course MS has either direct or indirect investment to SCO the single largest vendor of unix. bill is way too predatory and plural in his business approach to not have some significant input/control of the largest open source os and biggest threat to windows to date. to think anything else is utterly naive.

  47. 1984 RELOADED by goerge_o · · Score: 5, Funny

    Watch the trailer of the upcoming movie starring famous M$,SCO,Groklaw and others on: www.bravegnuworld.org Sums it up pretty nicely :-)

  48. Hey! I'm lucifer. by Anonymous Coward · · Score: 0

    Want me to sue your ass for slander of title!?

    STFU!

  49. MS Did not buy stock in SCO ... by linuxguy · · Score: 1


    They got them much needed *cash* (over $80 million) from different sources so that SCO could stay alive longer and continue its fights against Linux.

  50. Re:help by Anonymous Coward · · Score: 0

    No, it's correct.
    also possible: unverzuglich

  51. it's about SEC by wotevah · · Score: 2, Interesting

    I think it is more of a preemptive reaction to the SEC investigation rumours. So that later they could say that they genuinely believed in this, otherwise why would they plan to buy 1.5 million shares.

  52. [OT] Re:Darl at McDonald's by mefus · · Score: 5, Informative

    buy hot coffee at McDonald's

    I think you are misinformed about that lawsuit.

    McDonald's knew people were burning themselves, and they continued to heat their coffee to extremes just short of boiling.

    They provided a "to go" cup that would collapse from the pressure if you tried to lift the cup full of coffee with your hand.

    To mitigate that they provided an equally flimsy lid that would support the shape of the cup.

    It was the kind of lid where you peel some of it back to be able to sip the coffee.

    The woman that was burned did this while seated in her automobile. The lid collapsed and fell off the cup when she peeled it back. Then the cup collapsed in her hand. Then the near boiling coffee spilled out onto her lap, and gave her second degree burns on her labia and genital area.

    The executives at McDonalds knew this was happening and didn't change their policies on the serving of coffee.

    --
    mefus
    In Open Society, GPL Software frees YOU!
    1. Re:[OT] Re:Darl at McDonald's by Anonymous Coward · · Score: 0

      I knew all this stuff. I still think the lawsuit was stupid. The other person may also have known all this stuff and thought the lawsuit was stupid. Are you happy now? Good.

    2. Re:[OT] Re:Darl at McDonald's by the_flatlander · · Score: 2, Interesting
      The executives at McDonalds knew this was happening and didn't change their policies on the serving of coffee.
      Quite right. Moreover, it was the jury, which became angered over McDonald's callous disregard for their customers, (this was far from the first such case), that ordered the enormous reward. The Plantiff had only asked to have her legitimate medical expenses covered.

      Sorry to rant but, I hate how the facts of this case get left behind in the rush to engage in hyperbole over it.

      The Flatlander

    3. Re:[OT] Re:Darl at McDonald's by cornjones · · Score: 1

      This all being true, I still don't understand why punitive damages should go to the victim. In any case, not just this one.

    4. Re:[OT] Re:Darl at McDonald's by Camel+Pilot · · Score: 1

      Slash code should have a regexp looking for "McDonalds" and "Coffee" and automatically provide a response with links and justification to a post that contains these words.

    5. Re:[OT] Re:Darl at McDonald's by Anonymous Coward · · Score: 1, Insightful

      McDonald's knew people were burning themselves, and they continued to heat their coffee to extremes just short of boiling.

      They knew that 700 people out of every 1,000,000,000 were burning themselves, and they thought that was probably about right.

      Most rational people would agree.

    6. Re:[OT] Re:Darl at McDonald's by mefus · · Score: 1

      The Plantiff had only asked to have her legitimate medical expenses covered.

      I had forgotten that. Thanks for the addendum.

      --
      mefus
      In Open Society, GPL Software frees YOU!
    7. Re:[OT] Re:Darl at McDonald's by Anonymous Coward · · Score: 0

      > McDonald's knew people were burning themselves

      Moreover, they had done a cost-benefit analysis and decided it would be cheaper to just pay the damages from lawsuits... And that came out in court.

    8. Re:[OT] Re:Darl at McDonald's by Artifakt · · Score: 1

      Are you argueing against punitive damages, period, or are you argueing that punitive damages should exist but go to the state?

      --
      Who is John Cabal?
    9. Re:[OT] Re:Darl at McDonald's by Anonymous Coward · · Score: 0

      God damnit, here we go again. Can just one day go by on /. where somebody doesn't rehash the McDonalds hot coffee lawsuit? And for the record, it was bullshit.

    10. Re:[OT] Re:Darl at McDonald's by Anonymous Coward · · Score: 0

      also, the victom got only $400,000 in hosptial bills. The punitive damages of $2.9 million dollars was overturned by the judge

    11. Re:[OT] Re:Darl at McDonald's by cornjones · · Score: 2, Interesting

      Exist but go to a fund. THis fund could be for any number of things (something should be picked) but I prefer free legal consultation services.

    12. Re:[OT] Re:Darl at McDonald's by Anonymous Coward · · Score: 0

      Happy that you've explained that you and the original poster have little to no interest in facts and critical thinking, but prefer to make emotional decisions at the drop of a hat? Yes, I think I feel much happier knowing the petty nature of people who condemn that poor old woman.

  53. Recognizing paranoia by Anonymous Coward · · Score: 1, Interesting
    Some distinguishing characteristics. These apply to many situations, not just Slashdot posts.

    Mr. Goldfarb is trying to look like an honest man while distancing himself and Baystar from MS and SCO.

    Ascribing motivations. Somebody wants something. The somebody is always powerful, and the motivation is always malevolent.

    He readily admits that "senior executives" from MS phoned him but won't name names.

    Withholding information equals concealment. It could, in fact, simply be for privacy reasons, but the paranoiac assumes that something is being hidden.

    He's scared.

    Projection. Self-explanatory.

    Leaked documents and an unmanagable conspiracy of silence are forcing him to admit to snippets of truth which paint him and the firm in the best possible light. Persistent belief in conspiracy. Essentially, there is a conspiracy unless proven otherwise; and evidence to the contrary would just serve as further proof of evidence planted for the cover-up, wouldn't it?

    1. Re:Recognizing paranoia by Danse · · Score: 1

      Well, the simple fact that they are now admitting what they were denying before is naturally going to lead people to disbelieve them. With dishonesty comes distrust. So now, people wonder why they denied it in the first place if there was nothing to hide. While there may be explanations for these things, people won't be inclined to believe anything that is said by any of the parties involved here, which is due to the previous actions of those parties. So, they brought it on themselves.

      --
      It's not enough to bash in heads, you've got to bash in minds. - Captain Hammer
  54. And so... by Tuxedo+Jack · · Score: 1

    If MS backs SCO (and knowing them, they'll buy it out), this is what we can expect to see about two years later:

    * Welcome to Microsoft UNIX System VI, running the Windows XP Kernel *
    exchange-pos: ls
    exchange-pos does not recognize that command
    exchange-pos has segfaulted. Core dump in progress.

    --

    Striking fear in the authors of godawful fanfiction, I am here, appearing in darkness, Tuxedo Jack!
    1. Re:And so... by Maserati · · Score: 1

      "You have changed your default shell. Please reboot for this change to take effect."

      --
      Veteran, Bermuda Triangle Expeditionary Force, 1992-1951
  55. Legitimate cases by LinuxGuyFriend · · Score: 2, Insightful

    Good day,

    Apart from the fact that SCO seems to have any case at all, the SCO situation brings up a potential situation where IP infringement really occured. Perhaps it even occured in their case as well but we'll never know for sure because of all the BS they created.

    What would happen if a company that doesn't release its code in the open source domain, gets parts of its source added to an open source project. For example, by an open source oriented employee? A number of reactions from the company would be possible, mostly to try to limit the damages to its business model.

    Such reactions could include:
    -Getting the infringing code removed and hope it hasn't spread everywhere; and/or
    -Suing the project, the employee, any user for damages; and/or
    -Taking it and moving on

    I imagine that option 2 would attract a lot of ire from the slashdot crowd.

    1. Re:Legitimate cases by Big_Al_B · · Score: 1
      Even in legitimate cases, option two would be a tough call for most companies. The Catch-22 is that they might have to publicly disclose the valuable intellectual property they are suing to keep private.

      This is exacerbated by the fact that the code would likely be presented into evidence in a human-readable form. Once it's in evidence, the public would have easy access to it.

      Now, let's ignore the likelyhood that some people would just steal the code to use, as is, in their own software. The other risks are: that knowing the weaknesses of your code, competitors come up with _better_ code for their software; or blackhats find some vulnerability to maliciously exploit. Neither is attractive.

      I'd bet that even SCO would have picked option three if their lungs hadn't been full of bankruptcy-tainted water. This is case is likely their deathrattle, ghost-funding or not.

    2. Re:Legitimate cases by emtboy9 · · Score: 1


      Such reactions could include:
      -Getting the infringing code removed and hope it hasn't spread everywhere; and/or


      Not likely to happen once code is leaked... see NT4 and Win2K code leaks, DeCSS code on the net, and many other examples. it IS theoretically possible to contain a code leak, IMO, but not very likely to happen, especially with OSS. Too many people passing it around to adequately contain it.

      Trying to do so, would be like the end of Jay and Silent Bob Strike Back, where the duo burn up all their movie royalties flying all over the world trying to track down the people who said bad things about them on an internet chat board.

      -Suing the project, the employee, any user for damages; and/or

      You said that this would attract the ire of the /. crowd. I disagree. Personally, while I think there are some nimrods who read and reply to /. articles, the vast majority are intelligent, thoughtful, and not as bad as you would make them seem.

      This example is all situational. If the company were a closed source company (like MS for instance) and an employee who happened to also be an OSS coder used company IP in one of his/her OSS projects, or submitted it to a different project, then I would A: completely expect the company to fire the employee and even sue him/her for damages and B: expect them to go after the project itself for IP violations, but I would also at least HOPE that the two parties, or court would work it out so that the offending IP were removed from previous and subsequent versions of the software.

      Now, were this company to start giving its code away (a la SCO/Caldera and Caldera Linux), and then about face and begin suing the same people that they were previously giving software to under the GPL, I would at least hope that the courts would realize that the company has no leg to stand on. Example... if I were a chef, and I published my prized cookie recipe in the New York Times for all the world, I would be laughed out of court if my cookie turned up in someone elses restaurant...Unless, of course, I stipulated in the NYT article that the use of said recipe was for personal, in-home use only, and NOT to be used in any commercial setting unless authorized by myself.

      -Taking it and moving on

      probably the best move, but they do at least need to go after the person who leaked the code. Otherwise, the company would be simply saying "Steal my code, I wont do anything about it"... same priciple, in abstract at least, that is behind trademark enforcement.

      --
      "Our funds have never taken part in toxic or death spiral convertible financings of any sort" -BayStar's managing partne
    3. Re:Legitimate cases by SillySlashdotName · · Score: 1

      Such reactions could include:
      -Getting the infringing code removed and hope it hasn't spread everywhere; and/or


      Yes.

      -Suing the project, the employee, any user for damages; and/or

      No. They could sue the employee, as the employee took something of value from the company and made it less valuable to the company - i.e., theft, conversion, etc.

      They could sue the project to prevent them using the code, but if the project accepted the software in good faith, they would have no liability for damages - unless they refused to remove the code when its illegal origin is shown.

      The users are not liable for anything to the company.

      -Taking it and moving on

      Yes.

      How about ASKING the project to not use the code? Why should a law suit be first on the list? Show the project what code you are claiming, show where it is in the project, and show how it got there and that that process was not legal. I am sure the project would be HAPPY to work with the company to remove the offending code and replace it with non-offending code. Of course, If a company came and said the project was using code that was improperly included, but refused to say what code, where it was located in the project, or why they thought it was improperly included, the project should respond with "go pound sand".

      I imagine that option 2 would attract a lot of ire from the slashdot crowd

      I imagine option 2 would attract a lot of ire from ANYONE with even a hint of a clue, not just the slashdot crowd.

      Good day,

      And a good day to you, troll.

      --
      Acts of massive stupidity are almost never covered by warranty. --me.
    4. Re:Legitimate cases by spitzak · · Score: 1

      Part of #2 is the correct answer:

      Suing the project or employee would be exactly a legitimate thing they could do. They sue them for copyright violations. They have to first exactly publish detailed information about what parts of the code are infringing and must be removed. Claiming stuff that is not theirs would probably get their case thrown out, so they must be very specific. This is called "mitigating damages" and not doing it is proof that you are not losing anything due to this copyright violation and in fact may be profiting from it, which can also get your case thrown out.

      Suing the users, or threatening to sue the users, is not acceptable and not legal. Very clever of you to put the wrong thing and right thing into the same item so that it is impossible to pick one of them.

      As several people had pointed out, the first step is to inform the infringer exactly how they are infringing and try to work out a peaceful means of solving the problem. Who knows, the infringer may agree to pay for the rights to your code, and you make money without going to court at all.

  56. Antitrust? by jd · · Score: 1
    If Microsoft is paying other companies to harass or remove competition, then doesn't that violate the antitrust settlement?


    Here, we have a clear case of Microsoft eliminating competition by having it bought out for them. If they tried, they'd be subject to an investigation, but getting it bought by a controlled third-party avoids this.


    Personally, I think this should be considered grounds for hold-out States to challange the current settlement and demand tougher penalties. It would be hard for a judge to deem this takeover as innocent.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    1. Re:Antitrust? by SillySlashdotName · · Score: 1

      Personally, I think this should be considered grounds for hold-out States...

      Yeah, all one of them...

      Everyone else settled.

      --
      Acts of massive stupidity are almost never covered by warranty. --me.
  57. You dont get it, really? by linuxguy · · Score: 1


    Microsoft is desperate. They want to "attack Linux at all costs and on all fronts". Their own FUD schemes have not been working well. So they got desperate and pulled this SCO stunt. For a while it seemed to be working. But in the end it may backfire in a big way.

  58. Conflict of interest by voss · · Score: 2, Interesting

    It would be interesting to find a shareholder of baystar that opposes the SCO investment, and get them to sue baystar for an investment that is a conflict of interest and not in the best interest of that fund.

    baystar is making investments based on outside concerns and not the fidicuciary interests of their shareholders.

  59. Re:help by Anonymous Coward · · Score: 0

    thank you BOTH

  60. The facts as they are being reported... by Spoing · · Score: 3, Insightful
    1. Baystar was contacted by some executive from Microsoft Corp. about Baystar investing in SCO two months before Baystar did.

    2. The executives were not BG or SB.

    3. There was not an investment made by Microsoft through Baystar.

    OK, am I missing something or is this a non-story?

    (Yes, I think that something slimy is actually happening...though evidence of it would be good!)

    --
    A firewall can not protect you from yourself. Turn off what you do not need. Do not use the firewall to do your work.
    1. Re:The facts as they are being reported... by Anonymous Coward · · Score: 0
      OK, am I missing something or is this a non-story?


      How wonderfully naive you are!

    2. Re:The facts as they are being reported... by Spoing · · Score: 1
        1. OK, am I missing something or is this a non-story?

        How wonderfully naive you are!

      While I am wonderful and also naive, I suppose when your knee jerked you missed the next sentence;

        1. (Yes, I think that something slimy is actually happening...though evidence of it would be good!)
      --
      A firewall can not protect you from yourself. Turn off what you do not need. Do not use the firewall to do your work.
    3. Re:The facts as they are being reported... by Anonymous Coward · · Score: 0
      There was not an investment made by Microsoft through Baystar.

      That could very well be true. But it doesn't mean an investment could not have been made by a shell company of Microsoft.

      Microsoft -> shell company -> Baystar

      That shell company could be another company like Paul Allen's Vulcan Capital.

    4. Re:The facts as they are being reported... by Spoing · · Score: 1
      1. That could very well be true. But it doesn't mean an investment could not have been made by a shell company of Microsoft.

        Microsoft -> shell company -> Baystar That shell company could be another company like Paul Allen's Vulcan Capital.

      Agreed (and entirely expected from MS's history). Is there any way to check this?

      That said, though, I asked some friends if this were legal and ethical. One that I trust to be level headed, well informed, and wise pointed out;

      Legal: Yes.

      Ethical: Nope.

      Another -- a blind zealot for everything MS; even other staunch MS advocates tend to give him odd looks -- mentioned that not only was it appropriate for MS to throw money at knocking down Linux (and IBM and Novel and ...) any way they could Microsoft is responsible to do so as defensive tactic as are any other companies threatend with competition.

      His recovery from calling Linux competition was quick, though, as he pointed out that Linux isn't really competition just an annoyance and a distraction. {BSE ~grin~}

      --
      A firewall can not protect you from yourself. Turn off what you do not need. Do not use the firewall to do your work.
    5. Re:The facts as they are being reported... by SillySlashdotName · · Score: 1

      Yep, you are missing something.

      Like, why was Microsoft talking to anyone about funding for TSG? How can a monopoly justify interfering in any way attacks on possible competitors?

      Like, what difference does it make if the executive was not BG or SB? Those are not the only executives at MSFT, and they are not the only executives capable of committing MSFT to some kind of deal with BayStar.

      Like, according to a link posted somewhere above (this one) Microsoft was one of the ten top investors in BayStar, so any investment by BayStar MAY have a Microsoft thumbprint on it.

      Like "A Microsoft spokesman says that the company has no "direct or indirect" financial relations with BayStar" despite the pdf file linked to above found on BayStar's web site.

      Nice shot at trolling, but better luck next time...

      --
      Acts of massive stupidity are almost never covered by warranty. --me.
    6. Re:The facts as they are being reported... by Spoing · · Score: 1
      1. Nice shot at trolling, but better luck next time...

      Was that really necessary? As the rest of your comments are more reasonable, I'll reply to those.

      1. Like, why was Microsoft talking to anyone about funding for TSG? How can a monopoly justify interfering in any way attacks on possible competitors?

      Law and morality aren't the same thing.

      1. Like, what difference does it make if the executive was not BG or SB? Those are not the only executives at MSFT, and they are not the only executives capable of committing MSFT to some kind of deal with BayStar.

      It doesn't to me; these were statements from Baystar.

      1. Like, according to a link posted somewhere above (this one) Microsoft was one of the ten top investors in BayStar, so any investment by BayStar MAY have a Microsoft thumbprint on it.

      Gotcha. Thanks for the fact (first one so far from anyone on this thread).

      1. Like "A Microsoft spokesman says that the company has no "direct or indirect" financial relations with BayStar" despite the pdf file linked to above found on BayStar's web site.

      That would follow. I'd like to see if they back pedal on that one or just leave the lie(s) out there.

      --
      A firewall can not protect you from yourself. Turn off what you do not need. Do not use the firewall to do your work.
    7. Re:The facts as they are being reported... by SillySlashdotName · · Score: 1

      Sorry. I appologize if my conclusion jumping was in error, but I thought your post met the criteria of a troll.

      Law and morality aren't the same thing.

      True, but the law relating to conduct of a monopoly is different than the law for other companies. In this case, IF Microsoft was drumming up support for TSG it may be anti-competitive behavior and warrent a smack down by the legal system. Notice the behavior was not open and public, and has been disavowed by Microsoft - IF Microsoft was drumming up financial support for TSG they were doing it in a mannor that seems to indicate they were aware of the, at best, appearance of improper - or immoral - behavior.

      It doesn't to me; these were statements from Baystar

      The BayStar statement was that they were contacted by "senior level executives", not BG or SB. Your post was that they were not BG or SB. My point is that there are many more "senior level executives" at Microsoft that DO have the power and authority to make decisions binding on the company, and to throw the weight of the 800# gorilla behind influencing investors to make decisions that benefit Microsoft.

      Gotcha. Thanks for the fact (first one so far from anyone on this thread).

      You are welcome, but remember, that is from late 2002. Microsoft may claim that they had severed all ties to BayStar at some time between then and now, so their claim of no financial relations may be literally true RIGHT NOW - but misleading as they MIGHT have "had relations" AT THE TIME OF THE BAYSTAR DEAL, even if they don't currently have a relationship.

      I'd like to see if they back pedal on that one or just leave the lie(s) out there

      Several good ways to lie -
      Tell the truth, but not all of it,
      Don't correct incorrect assumptions,
      Answer a question that was not asked, let questioner read into your answer,
      Do not respond responsively.

      I think Microsoft has the first one and last two down to a science.

      "Did Microsoft orchestrate the TSG funding?"
      "Microsoft has no direct or indirect financial relationship with BayStar."

      Answer non-responsive as the question was a Yes/No question, while answer was neither yes nor no, neither did it include a yes or no.
      Answer also may be true RIGHT NOW, but may not be true at the time of the financing activity. Questioner may think they are talking about the time of the incident, but that was not said by the Microsoft spoksman.

      --
      Acts of massive stupidity are almost never covered by warranty. --me.
    8. Re:The facts as they are being reported... by roman_mir · · Score: 1

      Learn to read in the Soviet Russia style.

      1. Baystar was contacted by some executive from MS Corp. about Baystar investing in SCO two months before Baystar did.

      2. The executives were not BG or SB but they were proxy speakers for BG and SB.

      3 There was an investment made by Microsoft through Baystar. Paul Allen owns Baystar and MS does too.

  61. New site logo by gmuslera · · Score: 3, Interesting
    Slashdot News about SCO. Stuff that could matter.

    SCO had done enough merits in slashdot to win its own specific (i.e. no caldera, when they had that name not were so deep in the dark side) logo, section, faq entry, exceptions in slash code and even users-optional tagline pack.

    Even when they lose their lawsuit (that seems less inminent than when all of this started) and the company is closed, buried and sold even the chairs and the pencils of it, still will be for years news about sco and their directors here (i.e. Darl McBride raped in prison, or even die in poverty, from the remember-when-we-roared dept.).

    Anyway, this story is more about Microsoft than about SCO, but well, Microsoft had the merits since the start of Slashdot and if there was nothing done about them yet, maybe never will.

    1. Re:New site logo by Anonymous Coward · · Score: 0

      Something like this would seem appropriate....

      http://www.totalobscurity.com/media/scrapbook/Be st of2002/Animals/BottomFeeder2.jpg

    2. Re:New site logo by Anonymous Coward · · Score: 0

      The new logo should be a large, wet cow patty, with lines depicting rising fumes...

  62. Because They Face No Consequences by MooseByte · · Score: 3, Interesting

    "But why would Microsoft want to back such a chancy scheme? Bad publicity when the case fails must more than make up for the FUD they've managed to spread."

    Because they face no real consequences? They've never had to pay any reasonable penalty for their behavior. Giving away free copies of MS products?!? That's a marketing expense, for cryin' out loud! "Allowing" hardware resellers to add something to the desktop? Oooooh! The pain! Make it stop!

    So what, exactly, does MS have to lose with even such a bizarre scheme as this?

  63. Paul Allen does not invest in BayStar by isn't+my+name · · Score: 2, Informative

    According to the Newsforge article, Baystar specifically confirms that Vulcan does not invest in Baystar.

    Of course, the same article indicates that Baystar refuses to staight that there are some MS or MS people investing in BayStar.

    1. Re:Paul Allen does not invest in BayStar by GizmoToy · · Score: 1

      I didn't fully read the Newsforge article (and I didn't see anything stating that Vulcan wasn't an investor), but how can that possibly be true? According to Baystar's own website Vulcan Ventures is the largest investor in Baystar (in 2002, at least). I seriously doubt they'd "confirm" that Vulcan is not an investor when their website specifically states otherwise.

      Here is the White Paper from their site

    2. Re:Paul Allen does not invest in BayStar by isn't+my+name · · Score: 1

      If you read the label on that chart, it shows the top 10 investors in all PIPEs since 1995. I'm willing to bet that is one of those misleading graphics that BayStar really regrets now. The graphic is probably showing the top investors in PIPE deals in general and trying to imply that those investors are working with BayStar.

      That would make sense in terms of BayStar admitting that MS pointed them to SCO but still denying the Paul Allen connection. (BTW, in the same Newsforge article, BayStar specifically refuses to say there is no MS investment money in BayStar, just that Paul Allen isn't working with them through Vulcan.)

    3. Re:Paul Allen does not invest in BayStar by GizmoToy · · Score: 1

      Ah, yes, that is pretty sneaky. I didn't even notice that. I did, however, go back and read the Newsforge article. I still found no mention that Vulcan is not an investor in Baystar. I saw where it said that Vulcan doesn't OWN BayStar, but that's about it. Care to point it out?

    4. Re:Paul Allen does not invest in BayStar by isn't+my+name · · Score: 1

      Actually, you could be right now. I had been involved in a discussion way, way back on the Yahoo SCOX board where a number of us had come to the conclusion that Paul Allen likely was not an investor via Vulcan--based partly on the reading of the chart I discussed. Based on my own bias, I probably read the line in the Newsforge article that way.

      What I am forgetting here is that we are dealing with SCOSpeak and its ilk. I need to parse more carefully.

      At least the Newsforge article mentions RBC. Maybe someone will start digging into that more.

    5. Re:Paul Allen does not invest in BayStar by GizmoToy · · Score: 1

      That's ok, not a big deal. I had just thought I missed it somehow. I couldn't for the life of me figure out how I missed it, even though I was specifically looking for it when I read it though.

      Appreciate the honesty, though - A quality usuall difficult to find in online.

  64. Fight back -- make plain OSS = jobs, MSFT != jobs by fruscica · · Score: 2, Interesting
    From a discussion thread w/ MSFTie Robert Scoble:

    Small businesses create most jobs (A Small Business Administration study found that nearly 77 percent of the 6.9 million jobs created from 1990 to 1995 were created by small businesses).

    Open source software lowers capital barriers to market entry.

    Proprietary software vendors will not create jobs for Americans:

    "Technology companies are seeing a rebound in business, but top executives this week said any jobs added to meet growing demand will likely be in countries where labor is cheaper than the United States."

    Reuters
    February 27, 2004

    So the OSS community should bring out its own heavy artillery, and just RELENTLESSLY hammer home the point that, ON THE WHOLE, OSS expedites job creation, MSFT et al. do not.

    That is a message that will RESONATE, and hence make it politically untenable to allow MSFT et al. to practice such underhandedness with impunity...

    IMHO :-)

    Frank Ruscica 3/6/04; 3:40:29 PM

    Frank, the problem is, that argument doesn't wash completely. Look at Greg Reinacker. He created a new company around Microsoft technology. And he's getting paid for it.

    Most people don't understand how Linux creates jobs when it's given away for free.

    Especially when they are getting fired from their jobs cause WalMart wants their products for less than it costs them to produce them.

    Robert Scoble 3/6/04; 3:53:10 PM

    Robert,

    I lost you there...

    Let's follow the money: if a small company uses LAMP technologies, the money it saves will go toward growing the business -- and hence, will generate jobs (that's how Linux creates jobs when it's given away for free). If the company buys licenses from a BigCo, the above-cited Reuters article tells us the money will not generate jobs for Americans.

    My takeaway, then, is: whenever a small company can substitute OSS for proprietary software, the American job market benefits.

    If Greg Reinacker is building atop MSFT technology for which no OSS substitute exists, he does not embody a true counterargument.

    If he is building atop MSFT technology for which an OSS substitute does exist, he is hurting the U.S. job market...

    Where Wal-Mart fits into this, I have no idea...

    Frank Ruscica 3/6/04; 7:18:54 PM

    Frank: that's a good theory. But, if a company can't afford Windows licenses, don't you think it's likely to offshore its labor too?

    Microsoft money does create jobs. 5000 in the past year alone (mine was among them).

    Also, the argument is that you can get the same done with open source software that you can with stuff you pay for. Really? I didn't know that GIMP is as good as Photoshop. I don't know any print shop that accepts files from an open-source version of Illustrator. There's tons of things that you simply can't do with open source. Also, if you're a small company you probably can't afford a Linux geek to be on staff. When I helped run a camera store, I surely couldn't afford a geek on staff.

    Most of the cost of software is NOT in the acquisition of it. If it were, your argument might have some merit.

    Robert Scoble 3/7/04; 3:04:23 AM

    Robert,

    You wrote:

    >Also, the argument is that you can get the
    >same done with open source software that you
    >can with stuff you pay for.

    Incorrect. I wrote:

    "My takeaway, then, is: whenever a small company can substitute OSS for proprietary software, the American job market benefits."

    Also, to be clear, by 'substitute' I implicitly mean(t): replace at You wrote:

    >if a company can't afford Windows licenses,
    >don't you think it's likely to offshore its
    >labor too?

    From the standpoint of making a data-driven determination, of course all we have to go on here is historical precedent. But the log

  65. Re:Hypocrites by Anonymous Coward · · Score: 0

    They can't. The typical Slashdotter is intelligent in a geek sense (knows a lot of obscure technical things), but not an exceptionally good critical thinker. Most are politically naive, and don't understand that a false claim remains false whether you see it on one, ten, or 1000 websites.

  66. Provides Protection from Short Sellers by barfy · · Score: 5, Insightful

    Why the stock buyback...

    Once there are significant amounts of short sellers vs the float, the stock price becomes essentially manipulated by the short sellers. IE, the very action chases away buyers, which forces the stock down, which causes the market makers to start selling and lowering the price to attract buyers to the shares that the shorts are selling etc etc, until the stock price is run into the ground...

    One way to short circuit that kind of activity, is to create some sort of floor in the price. A company can do this, by becoming a buyer of thier own stock at a given price. By providing buying action, the shorts are not rewarded, they stop selling the stock, and the behavior of the stock normalizes.

    There is no gaurantee this will work. Though it generally works most of the time, but it can be a war of attrition. Similar things happen with national banks and the currency market. And sometimes the banks lose after spending BILLIONS attempting to keep it from happening (Argentina, Mexico, Thailand, just to name a few).

    1. Re:Provides Protection from Short Sellers by cdn-programmer · · Score: 1

      I concur - excellent points.

      However one needs to look at where the floor is established. At 9 bux, people will sell every damn share they can lay their hands on.

      SCOX's long term value is ZERO. In the short term they were given something like $80 million so this did create some cash value in the company. After the lawsuit - it might all be gone.

      There are suits against SCOX and they likely will lose on them. This may drain the coffers rather quickly.

      As for the IP value of the Unix system V copyrights? Well - they are basically valuless. They are legally radioactive and it is instructive that Stallman foresaw the problem the closed source IP created and started the OpenSource movement. This being said, we have better code which is open source, it is readily available and there is an army of maintainers. Hense the only value of the System V source code is that it can be the subject of lawsuits.

      Thus, I don't really think SCOX trying to establish a floor is going to achieve anything. The problem the short sellers are facing is finding a source of shares.

    2. Re:Provides Protection from Short Sellers by Nynaeve · · Score: 1

      ... it is instructive that Stallman foresaw the problem the closed source IP created and started the OpenSource movement.
      You make RMS sounds like Hari Seldon. ;-)

    3. Re:Provides Protection from Short Sellers by Anonymous Coward · · Score: 0

      It will not work but they don't spend money either. They just declare that there will be a stock buy back for the next 24 months and part of the effect is there. Lawyers satisfied that their options have still value and that the company tries to keep it that way, the management buys time to cash in later on while still getting their salary + bonusses etc. Microsoft got its gain already and 24 months is too long for SCO anyway. "Who is cheating who" isn't the question "but how long it will last" is. The candle is now burning at two sides.

  67. Holy smoking gun batman! by goombah99 · · Score: 3, Informative

    The above poster is totally correct. Here is a link to the PDF file from Baystar's own website. On page 3 of this there is a chart showing the top ten investors in Baystar. Number one on this chart is Vulcan Ventures which has 1.8 billion dollars invested in Baystar!!!!

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:Holy smoking gun batman! by Anonymous Coward · · Score: 0

      I that's all PIPE, not Baystar PIPEs.

  68. How Convenient! by Kurt+Wall · · Score: 1

    They announce a stock repurchase plan just as their stocks begins to tumble. This might prop up their stock price, but not for long, and it won't do anything either to deter an SEC investigation or, in the bigger picture, hold up the house of cards that is the SCO lawsuit.

  69. It's ALWAYS a quid pro quo by mbkennel · · Score: 5, Insightful

    E.g.: Hey Baystar, go invest in this loser trog company to fight our battles, and when we need to do some investment banking transaction or investment, we'll make sure you can get a sweet part of the deal with a really big commission.

    Or, Steve and Bill said they'd put alot of money in your hedge funds if you work on this little problem of ours.

    Nothing written of course.

    it doesn't take too much imagination to think of plenty of reasons.

  70. TrollTech ownership by Anonymous Coward · · Score: 1, Interesting

    Canopy owns part of TrollTech, but the employees own much of it too.
    If Canopy goes out of business, the TrollTech shares from Canopy would be given to the liquidators of Canopy, if I've understood it. For TrollTech, it would be a change of ownership, not a bankruptcy.

    1. Re:TrollTech ownership by OmniGeek · · Score: 1

      So, following the likely course of things, majority ownership of TrollTech might pass into the hands of... IBM, as the winner of the countersuit against SCO. Or (puts on waaay-long-odds cap) perhaps the winners of a copyright-infringement suit against SCO based on the Linux kernel code we all suspect is in their "Linux Kernel Personality" code... including Linus Torvalds!

      --

      "My strength is as the strength of ten men, for I am wired to the eyeballs on espresso."
    2. Re:TrollTech ownership by arkanes · · Score: 1

      Employees own roughly 60% of the Trolltech stock (I don't recall the exact numbers). Canopy's investment is in the single didgits. They've got no signifigant influence over Trolltech. And SCO doesn't own any of Trolltech, no theres no way IBM could get any of those shares. Enough with the conspiracy theories and speculation over Trolltech, they're a non-issue here.

  71. So? by andih8u · · Score: 3, Insightful

    He says Microsoft didn't put any money into BayStar or the SCO investment. A Microsoft spokesman says that the company has no "direct or indirect" financial relations with BayStar, but declined to comment when asked whether execs called BayStar to suggest investing in SCO.

    Okay, so Microsoft didn't actually put any money into it, they simply called Baystar and told them investing would be a good idea? That's a pretty thin rope to hang someone by.

    --


    slashdot, news for crazed liberal socialist zealots
    1. Re:So? by the+eric+conspiracy · · Score: 1

      That's a pretty thin rope to hang someone by.

      Maybe so, but I'd bet that there is more than one rope.

    2. Re:So? by sanguine_shadow · · Score: 1
      That's a pretty thin rope to hang someone by.
      ...but with a little creativity, a thin rope can make an excellent garrote.
  72. Yup, it's true by Anonymous Coward · · Score: 0

    It's all a conspiracy! By the aliens!

  73. Microsoft will buy SCO by Anonymous Coward · · Score: 0

    Microsoft will buy SCO

    It all makes sense now. Microsoft is going to buy SCO if they win the lawsuit. By purchasing SCO they will suddenly get rights to the IP in Linux and can either sell it or shut it down and they have the money and legal department to do it.

    OMG. It is so clear. GO Microsoft. I am surprised I never saw this before.

    1. Re:Microsoft will buy SCO by pilgrim23 · · Score: 1

      the IP? Heck, doesn't SCO also own the old Novell IPX protocol? Looks to me like this is a opertunity to machine OWN Networking compleatly Heck when Microsoft is done, all Open Source will be left to work with is the old TOPS network or Banyan VINES.... Well....there is always Appletalk.......

      --
      - Minutus cantorum, minutus balorum, minutus carborata descendum pantorum.
  74. Re:Fight back -- make plain OSS = jobs, MSFT != jo by fruscica · · Score: 1

    I know, I know: OSS == jobs... I wrote the subject header in two installments, and at first I wasn't trying to shorthand via code syntax...

  75. Ahhh, but they are mistaken grasshopper... by Thud457 · · Score: 1
    for how can you attack the air?

    You do not fight the wind, you learn to sail.

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  76. Help me understand... by GreenCrackBaby · · Score: 5, Interesting
    Lawrence Goldfarb, managing partner of BayStar, says that senior executives at the software giant had telephoned him about two months before the investment. Would he be interested in investing in SCO, they asked? Goldfarb wouldn't identify the executives, but says neither Chairman William Gates nor CEO Steve Ballmer were among them. He says Microsoft didn't put any money into BayStar or the SCO investment. A Microsoft spokesman says that the company has no "direct or indirect" financial relations with BayStar, but declined to comment when asked whether execs called BayStar to suggest investing in SCO.


    Help me understand this....

    You manage a fund that has $400 million available for investment. Microsoft does not put any money in your fund. Senior executives from Microsoft call you up and say "Please put $50 million into this company called SCO."

    I'm sorry, but why did the fund's managers do what they did? It doesn't add up. You do not just invest 1/8 of your available capital because some guy calls you up and says, "hey, please do this."
    --

    "The market alone cannot provide sufficient constraints on corporation's penchant to cause harm." -- Joel Bakan
    1. Re:Help me understand... by a_n_d_e_r_s · · Score: 2, Insightful

      Well Paul Allen a high ranking executive in Microsoft and its 2nd largest shareholder is also the largest investor in Baystar.

      So it probably just wasn't some guy.

      --
      Just saying it like it are.
    2. Re:Help me understand... by frkiii · · Score: 1

      You are missing the point, it is logical.

      You invest 1/8 of your available capital because Microsoft asked you to. The asking by Microsoft, certainly has, even unwritten consequences, should the request not be complied with, IMHO.

    3. Re:Help me understand... by fridgepimp · · Score: 1

      Baystar's #1 largest investor, Vulcan Ventures is, for all intents and purposes, Paul G. Allen, Microsoft Co-Founder and major MSFT stockholder.

      Baystar's #9 largest investor is Microsoft itself.

      Where is the confusion?

    4. Re:Help me understand... by Anonymous Coward · · Score: 0

      To be fair, I think Microsoft is involved with this whole stinky mess, but Paul Allen is a _former_ high ranking executive at Microsoft. He _is_ a major investor in Microsoft which gives him financial incentive to help them. Also his company Vulcan Ventures is also associated with Baystar reportedly, so he does likely have some influence with them.

    5. Re:Help me understand... by man_of_mr_e · · Score: 1

      Actually, the chart you're referring to doesn't actually say that Vulcan or MSFT are investors in Baystar at all. Read the chart carefully.

  77. pithy analysis, a good chart by puzzled · · Score: 2, Interesting


    See lilmissmolly0, before she is buried under a flood of stock manipulator noise:

    http://ragingbull.lycos.com/mboard/boards.cgi?bo ar d=SCOX

    This one sort of tells the story - there was an ask of $9,000.00 on SCOX yesterday close and a bid of $0.01 - definitely interesting times for the SCOX management.

    http://finance.yahoo.com/q/bc?s=SCOX&t=5d&l=on&z =l &q=c&c=

    --
    I am very easy to get along with, but I don't have time to waste being nice to people who are being stupid. -Theo
    1. Re:pithy analysis, a good chart by TimMann · · Score: 1

      It appears that both Yahoo and ETrade always show a bid of 0.01 and an ask of 9000.00 on SCO when the market is closed.

      Looking at a few other stocks at random, it seems common for ridiculously low bids and high asks, though not always 0.01 and 9000.00, to show up when the market is closed.

      Maybe some mildly evil person always puts in bogus bids at the end of the day to wipe out the last real bid and ask prices, or maybe it means nothing at all. Anyone really know?

  78. OH MY GOD: microsoft is 9th largest baystar invest by goombah99 · · Score: 2, Interesting
    Cant beleive I missed this in my previous post: On that same chart which is dated 2002, it also list Microsoft as the 9th largest investor in Baystar. So paul allen is the number on investor in baystar (1.8 billion) and Microsoft has 0.6 billion invest baystar.

    all of the other major companies investing (janus, Warburg, Putnam, wellington, citadel) are just brokerage houses and are not going to be activist partners just passive investors. Thus microsoft and its senior advisor paul allen are in the driver's seat at this company

    --
    Some drink at the fountain of knowledge. Others just gargle.
  79. Army "Gifts" by Slavinski · · Score: 1

    Didn't the US Army just give cease and desist
    orders to MS for giving out free Office suites
    to the men and women in service?
    Talking about a violation of ethics no matter how you label it.

  80. OT: Think before you post :-) by hummassa · · Score: 1

    his /etc/fstab probably is (like mine):

    ...
    /dev/hdb1 /mnt/windows vfat user,noexec,noauto 1 1
    ...

    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
    1. Re:OT: Think before you post :-) by Kent+Recal · · Score: 1

      /dev/hda4 /tmp vfat user,noexec,noauto 1 1

      works great! (yes, i dual-boot)

  81. SCO only allowed to buy employee shares by isn't+my+name · · Score: 3, Interesting

    This is a repost from the Yahoo SCOX board. Apparently, there is a clause in the PIPE deal agreement that says SCO cannot buyback shares, but they can buyback employee shares.

    So, unless we are about to see another SEC document modifying the PIPE deal, then this 1.5 million announcement is either BS to prop the stock price or SCO is about to reward a bunch of insiders:

    Restrictions on the A1 Pfd
    by: thwackamole 03/11/04 11:49 am
    Msg: 108276 of 108282

    Going along with a previous poster's comments, it appears (to me) that the indenture on the A1 preferred stock prohibits them from buying back shares in excess of those issued for employee stock options.

    Otherwise they could ship all of BayStar's money to Canopy.

    So this buyback is basically a non-event.

    So long as any shares of Series A-1 Preferred Stock are outstanding, the Corporation shall not take any of the following corporate actions (whether by merger, consolidation or otherwise) without first obtaining the approval (by vote or written consent, as provided by the DGCL) of the Majority Holders:

    (v) redeem, repurchase or otherwise acquire, or declare or pay any cash dividend or distribution on, any Junior Securities. Notwithstanding the foregoing, the Corporation shall, without the prior approval of the Majority Holders, be entitled to repurchase Junior Securities from employees of the Corporation in connection with employee compensation plans approved by the
    Corporation's Board of Directors;

  82. Riggggggght. by digitaltraveller · · Score: 2, Interesting

    I doubt it's Paul Allen.

    If (and I stress if) the senior management in question was Paul Allen, he should be going to jail. Wall Street does not take pump and dump schemes lightly and that's exactly what this is; except in this case SCO is the proxy, rather than the principle in a zero-sum game.

    MS political contributions aside, the SEC is the least likely federal agencies to bend to political pressure because their credibility is what keeps the market in check. Pissing them off is not a good move. It wouldn't have been Paul Allen, his lawyers couldn't possibly be that stupid.

  83. Hmm. avoid the public light? by linuxtelephony · · Score: 2, Interesting

    From the Newsgorge article:
    This will allow SCO to repurchase its shares from time to time in accordance with the requirements of the Securities and Exchange Commission on the open market, in block trades and in privately negotiated transactions, depending on market conditions and other factors, the company said.

    Does this mean SCO can buy the stock options from McBride and others without having to go through the publicly traded market? Would this be a way for the execs and other higher-ups to hide their dumping of stock? In a private trade, couldn't SCO pay *more* than market value if they wanted to?

    --
    . 62,400 repetitions make one truth -- Brave New World, Aldous Huxley
  84. Slow Down - That's *ALL* pipes stats, NOT Baystar by Jayfar · · Score: 1

    Maybe some intesting stuff in the text of that Baystar report, but this isn't it. Lemme cut & paste from the heading above the graph you cite: "Top Ten Investors All PIPES since 1995." Now I'll go back to reading the pdf, to see if there's anything of real interest there...

  85. Wolf by essreenim · · Score: 1

    Baystar, a wolf in sheeps clothing.

    Actually I am f***ing sick of hearing about SCO.
    Seems like a foolish move by M$ actually - they just make the whole thing seem even more farcical.
    Still though, I don't know much about the U.S except that money talks so who know, maybe the future IS bright for the lowly SCO, and their pack..

  86. BayStar and M$ by Saeed+al-Sahaf · · Score: 4, Insightful
    Actually, the second item, Microsoft has no direct or indirect financial relationship with BayStar, is probibly technically true. At this point.

    If I "suggest" to someone that they invest in something that I have no finantial interest in (SCO), that "suggestion" does not create a finantial interest. At this time.

    I speculate that M$ "suggested" to BayStar that sometime in the future, perhaps, maybe, the software giant might possibly make some kind of investment in BayStar, of course totally unrelated to any investments BayStar might have made in SCO, hint-hint-wink-wink...

    What's funny is that a few months ago when all us paranoid tin-foil hat folks where saying M$ had their fingers all over this, people said "go back in your basement, way too much illuminati, blaw, blaw, blaw..."

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    1. Re:BayStar and M$ by geschild · · Score: 1

      "Just because I'm paranoid doesn't mean they're not after me."

      --
      Karma? What's that again?
  87. This makes no sense by rudy_wayne · · Score: 2, Insightful


    If Microsoft invested $50 million in SCO, that would make sense. $50 million can buy tham a lot of anti-Linux FUD. But what does Baystar gain? When SCO loses their absurd lawsuits and disappears, so does Baystar's 50 million.

    1. Re:This makes no sense by cpghost · · Score: 1

      Remember that the Baystar transaction was supposed to be kept secret. Microsoft openly funding SCO would have been harming the "credibility" of that FUD amongst both the courts and businesses. Going through Baystar was typical in many ways (and it comes to no surprise, should I add).

      Without whistleblowers, SCO would still get most of the heat from the IT world. Now, Microsoft has a lot of explaining to do (though they won't really bother that much).

      Microsoft: Close, but no cigar!

      --
      cpghost at Cordula's Web.
    2. Re:This makes no sense by Anonymous Coward · · Score: 0

      It's M$'s fiddy mil not Baystar's. Get it. They're just a middle man.

    3. Re:This makes no sense by flacco · · Score: 0
      If Microsoft invested $50 million in SCO, that would make sense. $50 million can buy tham a lot of anti-Linux FUD. But what does Baystar gain? When SCO loses their absurd lawsuits and disappears, so does Baystar's 50 million.

      well, OBVIOUSLY they have a secret quid pro quo arrangement on some future deal.

      jesus h christ people, this isn't brain surgery.

      --
      pr0n - keeping monitor glass spotless since 1981.
  88. Hey, I hate M$ as much as the next guy BUT... by smcavoy · · Score: 1

    The article confirms unamed executives approched them, and did not confirm they were acting on behalf of the company.

    Just the facts please

  89. Odd thing about LKP and their court proceedings by Anonymous Coward · · Score: 0

    is that they are saying that the ONLY way IBM could get their work on AIX to work in Linux was by copying UNIX code (theirs) into Linux.

    However, surely we have here the case where IBM/FSF can say "SCO have said that the only way to port stuff is to copy - they must have copied Linux code into their UNIXWare product!".

    Or something like that, anyhow.

  90. The paid by purchase of license's? by blanks · · Score: 0

    Anyone think that maybe Microsoft has 42,000+ linux machines somewhere they needed to license?

  91. The real secret is... by Anonymous Coward · · Score: 0

    Microsoft is just hoping to bring back XENIX and open up a can o' whoop-ass on Linux.

    1. Re:The real secret is... by Anonymous Coward · · Score: 0

      For those of you born in the late 80's... http://en.wikipedia.org/wiki/Xenix

    2. Re:The real secret is... by Anonymous Coward · · Score: 0

      Oh come on! That was worth at least a 2!

  92. Re:ANALSIS? by Anonymous Coward · · Score: 0

    It's the operating system used on the South Park Anal Probes. But dont worry its Open Sores and FreeWear

  93. Conspiracy theory huh? by Anonymous Coward · · Score: 0

    Any moderators care to go back to my old posts and mod them up, since I was right? I kept getting "conspiracy theory nutjob" responses.... I KNEW I was right.
    SCO didn't have the money to fight IBM, only 4-5 companys in the world do...

    l8,
    AC

  94. Re: stalling tactic by BigDumbSpaceApe · · Score: 1
    Yeah and from that view this is the sweetest deal they could find. They're rolling out Windows Server and have to fund just one company that can
    1) Try to revoke licenses of AIX, Dynix, etc.
    2) Scare other companies out of contributing to Linux (Sun, HP, etc.)
    3) Spread FUD about Linux amongst users.

    To you it's evil corporate behaviour. To Microsoft, it's marketing. They fscked with all the competing servers at once.

    --
    WWJD? JWRTFM.
  95. Slow Down - That's *ALL pipes stats, NOT Baystar by Anonymous Coward · · Score: 0

    Just to be clear, my reply was intended to the "Holy smoking gun" post, wherein the poster misunderstood the chart. That said, I'll bet there'll be plenty of smoking guns to go around (but watch out for Darl's, one as ill as he shouldn't be issued a firearms permit) before this whole sordid affair is over.

  96. BSD? by Anonymous Coward · · Score: 0

    "Destroy Linux, and the only current threat to the Microsoft monopoly is gone" is untrue. Try BSD, it's great, and free.

    But BSD is dying.

  97. Third degree burns, actually by jonabbey · · Score: 1

    Those are the burns where the skin blackens and peels back from the bone.

    I'd say she deserved a break that day.

    1. Re:Third degree burns, actually by DashEvil · · Score: 1

      Feel sorry for the guy that has to go down on her. That shit leaves nasty scars.

      --
      -If God wanted people to be better than me, he would have made them that way.
  98. Transcript of the Phone Call by ahodgkinson · · Score: 4, Funny
    NOTE: In order to preserve privacy, some names have been changed.

    BayStart operator: Hello, BayStart Capital, How my I direct your call?
    Caller: Yeah. Dis is Mario. I wanna talk to da boss. Now!
    Baystar operator: One minute please.
    Goldfahnder: Hello. Goldfahnder here.
    Caller: Is dis da Boss o' BayStart?
    Goldfahnder: Excuse me?
    Caller: Are you da Boss of BaySta?
    Goldfahnder: Oh. Yes, my name is Lawrence Goldfahnder and I am the managing director of BayStart Capital. What can I do for you?
    Caller: Yeah. Dis is Mario, I'm a friend of Bill, see. And Bill told me that youze guys gotta send some money over to SCO. Got that?
    Goldfahnder: What? Who is this?
    Caller: I told you already, Mario... A friend of Bill's. Ya don't get it, do ya? Bill says that you gotta give money to SCO.. or else! Got that? Or do I gotta come over and stick your head down the toilet an' clean your ears?
    Goldfahnder (somewhat surprized): Ahm, erm. Are you suggesting that we should invest some money in SCO?
    Caller: Yeah. Jez, for a smart guy like you, you sure are dumb. You could call it investment.. or whatever. Just send over money... a lotta money... now.
    Goldfahnder (shakily): Yes, Mr. Mario. I'll see that it gets done, right away.
    Caller: That's more like it. You do that, and don't make me come over and visit you... click.

    --
    ---- It won't be as bad as you fear or as good as you hope, but it will take twice as long as you plan.
    1. Re:Transcript of the Phone Call by Anonymous Coward · · Score: 0

      Doesn't it suck when you spend so much time on a post, hoping for a +5 Funny mod, and nobody finds it funny?

  99. Embrace, engulf, extinguish by Anonymous Coward · · Score: 0

    When Linux is toast, MS buys all the patents, then sets the price so high, nobody will be able to afford using it. They can then harrass the other Nix's out of business. This will only work if there is a friendly administration/DoJ in office, and it appears that might end with the Nov elections.

  100. strange feeling by chadseld · · Score: 2, Funny

    I'm a little freaked out that the conspiracy theories we came up with at the beginning of this whole thing might actually be true.

  101. This part is most unusual. by Pontiac · · Score: 2, Interesting

    I picked up this little tidbit from Thwackamole on the SCO Yahoo Forum

    So long as any shares of Series A-1 Preferred Stock are outstanding, the Corporation shall not take any of the following corporate actions (whether by merger, consolidation or otherwise) without first obtaining the approval (by vote or written consent, as provided by the DGCL) of the Majority Holders:

    (v) redeem, repurchase or otherwise acquire, or declare or pay any cash dividend or distribution on, any Junior Securities. Notwithstanding the foregoing, the Corporation shall, without the prior approval of the Majority Holders, be entitled to repurchase Junior Securities from employees of the Corporation in connection with employee compensation plans approved by the
    Corporation's Board of Directors.


    What the heck does that mean? basically without a majority vote they can't buyback stock from anyone except employee's..
    Hmm that would be people like the CEO and other senior executives??

    To put it another way they just gave executives a 13 million dollar payday.

    --
    If you think it's expensive to hire a professional to do the job, wait until you hire an amateur. --Red Adair
    1. Re:This part is most unusual. by benploni · · Score: 1

      What the heck does that mean? basically without a majority vote they can't buyback stock from anyone except employee's..
      Hmm that would be people like the CEO and other senior executives??
      To put it another way they just gave executives a 13 million dollar payday.


      Except that if the executives are the sellers, they have to file with the SEC for the sale. They wouldn't be able to keep it a secret, so that theory is hard to support.

    2. Re:This part is most unusual. by odin53 · · Score: 1

      This isn't really an unusual covenant and carveout. Probably the stock option plan(s) that SCO has provide for a right-of-first-refusal in each option exercise or a repurchase option for early exercised options (if they allow that), which would be fairly typical. It would be expected to argue for and win a carveout for such repurchases in a covenant that would otherwise prevent repurchases.

  102. Gee, then we just have to wait 9 months... by OmniGeek · · Score: 1

    That won't happen during Bush administration, for sure.


    Gee, then we just have to wait 9 months, and hope our fears about voting-machine fraud are overrated...

    --

    "My strength is as the strength of ten men, for I am wired to the eyeballs on espresso."
  103. oh FUCK by Knights+who+say+'INT · · Score: 1

    This is it. I'm installing Linux.

    There's just this much evil you can tolerate being a part of. If I was a Microsoft employee, I'd be organising a mass-quit list.

    I hope this is never forgotten.

  104. Who would really profit if Linux was destroyed? by brokeninside · · Score: 1
    I very well could be wrong, but it seems to me that Apple stands the most to gain from Linux being destroyed. Would Linux users migrate wholesale to Windows in any form? For the most part, they would not when alternatives like OS X exist. Then there are the BSDs, although if SCO succeeds against Linux, the BSDs will undoubtedly be next.

    Now if Longhorn were based around Unix as OS X is, then Microsoft could stand to gain from the brutal slaughter of Linux. Microsoft would obviously be the migration path for Unix on x86 short of IBM or some other vendor making a new big push into the x86 Unix space.

    But as it is, the only possible advantage to Microsoft is the FUD factor which has the potential to put off migrations to Linux while Microsoft finishes up Longhorn.

  105. It says investors in ALL PIPES, not Baystar PIPES by Jayfar · · Score: 1

    "Top Ten Investors All PIPES since 1995"

  106. Grease by Mr.+Underbridge · · Score: 1
    It wouldn't matter who made the call or when, as long as the money came from Microsoft. If it came directly from BillG himself, then it still wouldn't matter would it? He's the head cheese of Microsoft, and his money comes from Microsoft too, doesn't it?

    And Microsoft gets its money from grease, so what's the problem?

  107. The real question is... by bob670 · · Score: 1

    how much longer will the DoJ turn a blind eye to this, this has to violate the settlement on some level?

    1. Re:The real question is... by Xuranova · · Score: 1

      No not really. SCOs victory woud only mean that they collect on UNIX royalties. That doesnt help MSs bottom line directly. Now if people decide to move to Windows because of this, well theres nothing the DoJ can do about that either.

      --
      "There is no real right or wrong, just what the majority accepts at the time."
    2. Re:The real question is... by bob670 · · Score: 1

      I have to assume you are being purposely obtuse, MS funded SCO to damage Linux. If this isn't clearly anti-competitive behavior I don't know what is? It's one thing to turn a blind eye, something quite different to ignore MS when they thumb their noses at past DoJ settlements.

  108. David Boyes by Anonymous Coward · · Score: 0

    1. Fight against Microsoft (antitrust trial)
    1.a. Profit
    2. Fight for Microsoft (SCO)
    2.a. Profit
    3. Fight against Microsoft (countersuit?)
    3.a. Profit

  109. Jumping to Conclusions by youngsd · · Score: 5, Informative

    If you actually read the PDF, you will see that you (and Wired, for that matter) are jumping to conclusions. The chart showing Vulcan Ventures (and Microsoft, for that matter) is a chart of data from PlacementTracker showing the overall number of PIPE deals. The vast majority of which have nothing to do with Baystar. This paper is Baystar's way of convincing people that PIPE transactions are a good thing.

    None of which is to say that Vulcan and/or Microsoft don't invest through Baystar -- just that this PDF says nothing about it.

    -Steve

    --
    Democracy is a poor substitute for liberty.
  110. Any chance this will boost Linux adoption? by criquet · · Score: 2, Interesting

    The "fact" that Microsoft is so aggressively attacking Linux should be a huge sign of how much Microsoft has determine Linux its biggest threat. Good signs for Linux's capabilities. Not so good for the community and consumers until this all subsides.

    1. Re:Any chance this will boost Linux adoption? by Anonymous Coward · · Score: 0

      The "fact" that Microsoft is so aggressively attacking Linux should be a huge sign of how much Microsoft has determine Linux its biggest threat. Good signs for Linux's capabilities. Not so good for the community and consumers until this all subsides.

      I agree whole heartedly. We don't need to attack MSFT or something like that. They'll choke on their own FUD. M$ might be threatened by Linux, Lunux can't be threatened by M$!

      Let's just spend our time on making Linux better.
      Fighting MSFT is a waste of time :-)

  111. No smoking gun here, move along now by Anonymous Coward · · Score: 0

    mods say informative, but patently false. Read what it says above the page 3 chart please...

  112. Explains the cash by objwiz · · Score: 1

    That explains, at least a little bit, how SCO can afford the cash to have all of these lawsuits going on at the same time. Lawyers don't work for free and their base salary isnt based on their performance either.

  113. It's starting to unravel by NigelJohnstone · · Score: 1

    Read this:

    "Lawrence Goldfarb, managing partner of BayStar, says that senior executives at the software giant had telephoned him about two months before the investment. "

    Doesn't it sound like he's trying to explain away telephone call logs between Baystar and Microsoft?

    Next the money....

  114. Be nice to Baystar by BigBadBri · · Score: 1
    They also invest in Indian Motorcycles (no - not that India, you fools!), and as such are doing A Good Thing keeping kludgy old fashioned US mechanicals alive.

    --
    oh brave new world, that has such people in it!
    1. Re:Be nice to Baystar by Anonymous Coward · · Score: 0

      Indian Motorcycles - didn't they go bankrupt and stop operations and shut down and sell off their assets and the individual owners and dealers of Indian Motorcycles got together and collected donations for the "laid off" factory workers? Or am I mistaken?

  115. The question is... by Anonymous Coward · · Score: 1, Interesting

    Who made the phone call?

    Here are a few directors to choose from...

  116. Sorry, that statement is a little incomplete. by GMontag · · Score: 1

    A buyback occours only when the company feels that the share prices are too low.

    Another sound reason is if the management wishes to exercise more control over voting shares as management controls all of the votes of company owned stock.

    Granted, what you mention is close to the only reason ever mentioned in the press or in non-business courses, but it is nowhere near an exhaustive list.

    No, this is not a statement on the merits of the decision, it is a statement of basic Finance.

  117. They exchanged stock for that investment... by Svartalf · · Score: 1

    Considering that Baystar only gave them that $50 mil in exchange for 2.5+ million shares and some pretty nasty strings attached, I'd think that they'd be in some real trouble trying to buy back over half the shares with that money- Baystar'd be pissed off at the least and would probably try to get out at the first opportunity.

    The buyback's insane, just like about everything else that they've done over the past year plus.

    --
    I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    1. Re:They exchanged stock for that investment... by Licensed2Hack · · Score: 1

      Baystar's initial $50M investment was later converted into "shares of Series A Convertible Preferred Stock" with several interesting restrictions. These Series A Convertibles represent 3,850,000 shares of common stock. Read this S-3/A report, about a 1/3 the way down under the section heading "The holders of shares of Series A Convertible Preferred Stock have preferential redemption rights and rights upon liquidation that could adversely affect the holders of our common stock."

      Here is the full section:

      If the selling stockholders choose not to convert shares of Series A Convertible Preferred Stock, then, as holders of shares of Series A Convertible Preferred Stock, among other rights, they will be entitled to require us to repurchase for cash all the shares of Series A Convertible Preferred Stock held by them at a premium price if any of several redemption trigger events occurs. Our redemption obligation may be triggered by events that are beyond our control. These redemption provisions, if triggered, would require us to redeem the then-issued and outstanding shares of our Series A Convertible Preferred Stock for cash. If we were required to pay cash to the holders of shares of our Series A Convertible Preferred Stock, it could have a material impact on our liquidity, which may require us to obtain additional sources of cash to sustain operations and may negatively impact the holders of our common stock.

      Additionally, the holders of shares of our Series A Convertible Preferred Stock will be entitled to receive a preferential distribution of our assets prior to any distribution to our holders of common stock upon a liquidation, dissolution, winding up or other change in control transaction in which we sell all or substantially all our assets or merge or consolidate or otherwise combine with another company or entity. Upon the occurrence of a liquidation event, the holders of Series A Convertible Preferred Stock will be entitled to receive the greater of:

      the value of the shares of Series A Convertible Preferred Stock held by them determined by multiplying the closing sale price of our common stock on the Nasdaq SmallCap Market on the date of the liquidation event by the number of shares of common stock into which the preferred shares could be converted at the time of the liquidation event; or

      up to $50 million, the aggregate purchase price paid by the selling stockholders for shares of Series A Convertible Preferred Stock in our private placement, plus eight percent of that amount less the amount of any dividends paid to the preferred stockholders in the calendar year in which the liquidation event occurs.

      Depending on the amount of assets we have available for distribution to stockholders upon a liquidation event when shares of Series A Convertible Preferred Stock remain outstanding, we may be required to distribute all such assets or a portion of such assets that exceeds the preferred stockholders' pro rata ownership of our common stock assuming full conversion of their preferred shares into common stock, which could eliminate or limit the assets available for distribution to our common stockholders. Our potential obligation to pay to the law firms representing us in our efforts to establish our intellectual property rights a contingent fee of 20 percent of the proceeds we receive from a sale of our company, subject to certain limitations, could also contribute to eliminating or limiting the assets available for distribution to our common stockholders.


      Looks like the $50M that Baystar invested in TSG is not very risky at all. If anything "bad" happens to TSG, Baystar gets paid first. Plus the lawyers get 20% of any sale price, probably the only entity that will get paid off before Baystar.

      I read this when it first hit the sec.gov website and realized that a

  118. Re:Tell the truth, dammit free samples go to Army by Anonymous Coward · · Score: 0

    Read your recent headlines. Especially about the
    free samples of windows office 2003 that Micro$$$$$
    is handing out to army brass and high ranking GSA
    civilians. This is a violation of the Hatch Act
    and could be prosecuted against the recepients of
    those 'gifts'. Is it micro$$$$$$$ hope that their
    'benefactors' will now go light on them in regulation and purchasing decisions lest micro$$$$$
    denounce those civil 'servants' for having
    characters just like them?

    It is also known that micro$$$$$$ was a
    major investor in Caldera. Paul Allen, Gates
    major corporate investing partner in micro$$$$$$$$
    corp also owned controlling interest in Caldera
    and never sold it all. But he did profit
    mightily of manipulating the stocks downfall
    by excersizing options and selling and selling
    short into the bear market that caused Caldera
    stock to fall over 98 percent. He and not
    Martha Stewart should be in jail for stock
    manipulation. Don't believe me! Look at the
    record of Quicken.com and their notes about the
    internal insider trading amongst major players
    in that corporation.

    But in our society if you steal
    a nickle you go to jail for 30 years...look at
    California's three strikes prisoners who got
    life for stealing a piece of pizza. However if
    you steal billions and millions you get off
    scott free. Look at our president. He probably and at least allegedly stole
    the federal presidential election with a little help from his brother
    the Florida Gov and a bussed in mob to strongarm
    the Dade County election board into not counting
    the votes that well could have elected Gore. Look
    also at VP Cheney. He is probably stealing Iraq right
    now right under the noses of the world using
    Halliburton Corp as the means to do it. And then
    there is the case of Barrick Gold and Bush senior
    and Brian Mulrooney the ex Canadian PM and certain
    relatively unknown members of the Suharto family
    in a very large crooked scheme in Indonesia.....

  119. Interesting, lies, possibly criminal by Performer+Guy · · Score: 2, Interesting

    Now we can safely call SCO execs liars. It also means that SCO execs may have been caught lying to the Feds, and as Martha discovered we all know what that means.

    This may ultimately prove to be one of the more significant developments in this sordid case when it comes down to any criminal investigation.

  120. Feh, what else is new? by dacarr · · Score: 1
    This is just pointing to the real story. Microsoft is trying to undermine Linux, so they gave SCO gobs of money to turn themselves into a pawn by way of a third party investment firm.

    Now the question remains: just who of these two latter parties is going down?

    --
    This sig no verb.
  121. This makes no sense... by EmagGeek · · Score: 5, Interesting

    A company that invests in life sciences pouring fully one EIGHTH of their total managed fund into a FLOUNDERING software company?

    That makes NO sense... after all, when SCO dies, so do those 50 million clams...

    Unless....

    There were some back door agreement that indemnifies BayStar against total loss of that capital... say, for example, another memo were leaked that blew the whistle on such an agreement between them and a certain Redmond corporation..

    1. Re:This makes no sense... by Trailer+Trash · · Score: 1
      Unless.... There were some back door agreement that indemnifies BayStar against total loss of that capital...

      So, Microsoft is now offering indemnity? Cool!

  122. Your wrong. by Anonymous Coward · · Score: 0

    Darl is the kind of guy that would fu** a person in the ass, and not even have the god damned common courtesy to give him a reach around.

  123. Not about keeping it secret by Pontiac · · Score: 1

    Keeping a sale secret isn't the point.

    The point is having a guaranteed buyer for their stock when they get around to exercising their options. McBride is sitting on 600,000 options.

    You think he's going to just ride those into the ground when the stock collapses?

    This way he won't have to flog them on the open market.. he has a prearranged sale to the company ready to go when he needs it.

    --
    If you think it's expensive to hire a professional to do the job, wait until you hire an amateur. --Red Adair
  124. Simple.. by Kwil · · Score: 1

    You manage a fund that has $400 million available for investment. A company that has over 30 BILLION dollars sitting in the bank and is not a current investor of yours calls up and says "Could you please put some money into this stock?" 1/8th of your available capital is peanuts compared to a company that could quadruple your available capital without blinking..

    This is just an eye-on-the-pie thing. You show the potentially huge investor that you're receptive and think along the same lines as they do and hope that they scratch your back as well.

    --

    That Jesus Christ guy is getting some terrible lag... it took him 3 days to respawn! -NJ CoolBreeze

  125. Here's the confusion by GreenCrackBaby · · Score: 4, Informative
    Baystar's #1 largest investor, Vulcan Ventures is, for all intents and purposes, Paul G. Allen, Microsoft Co-Founder and major MSFT stockholder.

    Baystar's #9 largest investor is Microsoft itself.

    Where is the confusion?


    Here's the confusion:

    'A Microsoft spokesman says that the company has no "direct or indirect" financial relations with BayStar'
    --

    "The market alone cannot provide sufficient constraints on corporation's penchant to cause harm." -- Joel Bakan
    1. Re:Here's the confusion by Anonymous Coward · · Score: 0
      Here's the confusion:

      'A Microsoft spokesman says that the company has no "direct or indirect" financial relations with BayStar'

      Where's the confusion? The parent said "Baystar's #9 largest investor is Microsoft itself." That looks like a financial relation to me.

    2. Re:Here's the confusion by Anonymous Coward · · Score: 0

      The problem is the definition of "indirect." It could easily be interpreted in a variety of ways, you are interpreting it as "no connections whatsoever." It is certain that your interpretation is that one that MS *wants* you to make - even if they are innocent.

      But, perhaps MS really means "we did not give money to baystar for them to give to SCO." That does not rule out a more indirect link such as, "Some who is a major investor in MS also gave baystar money to invest in SCO too." That interpretation is entirely plausible as "not an indirect link" since technically MS didn't intitate anything, instead it was just some joe who happens to have their financial interests very closely aligned with MS's interests but is working "completely independantly."

  126. One other situational difference.. by Kwil · · Score: 1

    Presumably the company suing the employee should be able to indicate what code was actually illegally copied.

    --

    That Jesus Christ guy is getting some terrible lag... it took him 3 days to respawn! -NJ CoolBreeze

  127. MOD PARENT UP...here's why. by taumeson · · Score: 5, Insightful

    The Microsoft "representative" was an executive...and executives are empowered to make decisions for the company they are an executive of, no matter the time of day or whether or not they're in the office. Think about how many deals get made on golf courses, etc, and that'll give you an idea about when executives are able to conduct business.

    1. Re:MOD PARENT UP...here's why. by The+Cydonian · · Score: 1

      Heh, true; as an MS salesguy friend of mine here insists, the broad agreements are during dinner, but the details are during golf.

  128. What's the big deal? by Anonymous Coward · · Score: 0

    Why do people condemn MS for supporting SCO? They're just looking out for their own interests. No one condemns people who donate to Linus' legal defense, or people who donate to the EFF or FSF. Whoever's right will prevail in the end. If you're so confident SCO will lose anyway, which is looking more likely every day, you should be happy MS is wasting their money on SCO.

    1. Re:What's the big deal? by Hitchcock_Blonde · · Score: 1, Insightful

      "Whoever's right will prevail in the end."

      Yeah? What planet do you live on?

      --
      Karma Schmarma
  129. STOP FEEDING THE TROLLS!! by SillySlashdotName · · Score: 1

    STOP FEEDING THE TROLLS!!

    --
    Acts of massive stupidity are almost never covered by warranty. --me.
  130. I'm no laywer ... by Sonic+McTails · · Score: 1

    ... but as far as I can see, Microsoft market share could increase if SCO won this case. If you look at it, Microsoft was in a win-win situation. They were attacking open source software through SCO, and pumping SCO full of money. If SCO won, then some users might switch back to Microsoft, thus increasing there market share, and no one would relieze that they helped to this. Now, if, from what I understand about the law, isn't it illegal for Microsoft to help SCO in this case because of how this could help M$ ?

    --
    This signature was left intentionally blank.
  131. Pump and dump theory out the window by Anonymous Coward · · Score: 0

    "Yahoo Finance is reporting that SCO announced that the company's board of directors has authorized management, in its discretion, to purchase up to 1.5 million shares of SCO's common stock over the next 24 months. SCO has approximately 14.4 million shares of common stock issued and outstanding. Any repurchased shares will be held as treasury stock and will be available for general corporate purposes."

    If the company is buying back their own stock, they must believe in their case. How can they be dumping if they're buying back outstanding shares? Whether or not you agree with SCO, accusing them of misleading people to inflate their stock worth doesn't seem like their main game plan.

    1. Re:Pump and dump theory out the window by Vancouverite · · Score: 2, Interesting
      If the company is buying back their own stock, they must believe in their case. How can they be dumping if they're buying back outstanding shares?
      Not quite true. There are several more reasons why a company might pursue a buyback.
      1. A buyback announcement, in and of itself, will tend to push the stock price higher, which SCO would really like.
      2. There is nothing in the announcement saying that SCO will buy back, only that they are authorized to do so.
      3. The structure of the buyback program is such that SCO can choose who to buy back from, and at what price. A Buyback does not need to be at market prices. This provides a mechanism for buying off the shares of favored partners at greater than market, for buying the stock held by Canopy, or for paying the directors for their shares directly
      4. SCO is using money raised by selling stock to buy stock? Seem a little circular to you?
      Unfortunately, a buyback plan does not guarantee that SCO is not "...misleading people to inflate their stock worth". A buyback plan can be used for just that purpose.
      --
      We are the Music Makers, and We are the Dreamers of Dreams...
  132. Litigious Baystard. by Anonymous Coward · · Score: 0

    'nuff said.

  133. SCOX is on the long slide downwards by FatAssBastard · · Score: 2, Informative

    Here is a chart of SCOX stock over the last 3 months. This makes me very happy, how 'bout you? :)

    --
    /.: why the hell am I here?
  134. In the end MS is good for us. by aka_big_wurm · · Score: 2, Interesting

    They had them put money into SCO in the chance that really do own rights to the linux code. If it pays off they will make billions. Its like playing the loto for them 50 mil is like buying a 1.00 powerball ticket for a chance at 200 mil. If any of us had the chance to go back and invest in MS or Apple we would do it. MS has a chance to go back and invest in Linux. Now I am not a MS fanboy or anything, I really dont hope that SCO wins. But in the end MS is good for the software market. Why? Because they make all us software developers work harder to make our software better. Years ago people were saying IE would rule the world. For a while it did. However after Netscape went opensourse it has became a much better program than IE. One day Linux will be there but its not, it will be there when my mother can use a linux box.

  135. me angry....me killl.....me kill bill..... by NIN1385 · · Score: 1

    This doesn't mean jack shit until I get Bill's head on a gold platter. Does anyone want to start a pool on how long it will take for the government to stop taking bribes from Microsoft and actually enforce laws that were put there for a reason. Microsoft is only holding the world back with their horrible software and even worse operating systems. THIS IS THE REASON LINUX ISN'T BIGGER YET!!!! It's pretty shitty when the only way they can get people to keep buying their software is to sue the people that don't. TELL THE TRUTH MICROSOFT, AND ENJOY THE ASS RAPINGS!

    --

    If carrots got you drunk, rabbits would be fucked up. - Comedian Mitch Hedberg R.I.P. 03/30/68-2/24/05
    1. Re:me angry....me killl.....me kill bill..... by Anonymous Coward · · Score: 0

      Grow up.

  136. The sky is blue... by bill_doors · · Score: 1, Funny

    and the roses are red... Microsoft is behind SCO suit? oh! i can not believe it :P
    Why i am wonder? why i should?
    Damn it! redmond guys are the authors of all this mess... everybody know it.

  137. ONLY employee stock eligible for buyback? by baomike · · Score: 1

    I have seen two references to a contract provision
    in finanacing of last year, that prohibits SCO from buying back stock unless it is employees stock that was accquired in some incentive plan (option).
    Anyone know this as fact?

    If true the announcement says more than it means, and provides a good way for insiders to bail.

  138. PIPE by Anonymous Coward · · Score: 0
    ...overall number of PIPE deals
    What kind of PIPE? Capital Reinvestment And Consolidation Konsortium?
  139. The stock buyback bumped the price for one hour by Animats · · Score: 2, Interesting
    Today's buyback announcement boosted the price of SCO stock for about an hour, between 0930 and 1030 EST. But it didn't help. Thursday's high is still below Wednesday's high, which was below Tuesday's high, which was below Monday's high. The stock is down 50% since December. and about 20% this week.

    Note, that in typical SCO style, they didn't do a stock buyback, they announced a stock buyback.

  140. *clap* *clap* *clap* by Progman3K · · Score: 0, Flamebait

    Microsoft is trying to turn ITSELF into Linux!
    Hahahahaha!!!

    Here's the board meeting where the MS execs struck upon the plan -

    "OK, everyone knows Windows is a sinking boat, Right? So why not take all our money and pour it into the competition. While do that we have the GPL ruled unconstitutional, and BINGO - at the end of it all we are left sitting with all the marbles and the people who created it have NOTHING! MUAHAHA !!!"

    Let's face it, the plan COULDN'T have come from Darl, he's just a lackey.

    Darl is a stalking-horse, that's all.

    --
    I don't know the meaning of the word 'don't' - J
  141. Re:several Florida newspapers had their own recoun by Anonymous Coward · · Score: 0

    More proof that the short term memory is the
    first to go.

  142. M$ may have an option agreement with Baystar by Recalcitrant+Labrado · · Score: 2, Interesting

    Just a few comments on the original memo and Baystar's statements. The easiest way for Microsoft and Baystar to claim they have "No Financial Relations" with a straight face is for Microsoft to have given a "Put" option to Baystar. I'm betting that this is what they've done. This means that Microsoft has agreed to buy Baystar's SCO shares at some time in the future for a guaranteed price (ie baystar "puts" the shares to Microsoft). The option exercise price would be set so that Baystar therefore cannot lose money if SCO tanks and in addition would be guaranteed a substantial return on its investment. Baystar probably gets to keep the shares itself if SCO wins and its share price leaps. In other words Baystar is in a "can't lose" position and is probably set to double its money no matter what happens to SCO. If SCO needs more money Microsoft will "introduce" more Venture Capital funds to SCO after providing the VC firm with said Put Option. No VC in his right mind is going to pass something like this up. As for SCO's long term strategy (Don't get riled at the term "Long Term") it was obvious from the last para of original memo. I interpret it as saying that they intend to buy up whatever Unix IP they can find on the open market and use it as a foundation for even more lawsuits. The idea is to make themselves the dog in the manger in that no one is going to have clear title to anything involving Unix or Linux. Their exit strategy as it says in the memo, is to then sell their IP portfolio to Microsoft, who will of course make licences available for a small fee, or appropriate the whole thing as Microsoft Linux. So if you have any Unix patents in the cupboard, go and sell them to SCO;)

    --
    Just because I'm Paranoid doesn't mean they are not out to get me.
  143. Not quite right.... by Slashamatic · · Score: 1
    A company's ability to borrow, either from a bank or by issuing bonds is directly affected by the share price. A company with a poor share value and low-potential would normally find credit tight. You don't have to issue shares to get value out of stock and this is ignoring the obvious like derivatives.

    Oh, and I am a capital markets specialist!

    1. Re:Not quite right.... by mindstrm · · Score: 1

      Yes, I realize that.. my point is only that purchases on the open market do not result in direct financial gains for the company being purchased.

      This is a common misconception.

      I realze there are plenty of very real secondary benefits to having a strong stock price...but that wasn't the topic.

      Given a particular situation, a company man, in fact often will, realize benefits if their stock price rises.. increased flexibility with banks, the ability to issue new stock at rates that are good for the company, heck, increased publicity.... but there are also situations when the stock price cna climb or sick and it has little or no bearing whatsoever on the actual operation of the company.

    2. Re:Not quite right.... by Slashamatic · · Score: 1
      ...but there are also situations when the stock price can climb or sick and it has little or no bearing whatsoever on the actual operation of the company.
      Which is why any lender whether direct (like a bank) or indirect (a bond buyer) whould do their "Due Dilligence". However, many do not or only take a superficial look.

      The corrollaries of a strong share price are the abilities to perform well in correspondence to other companies in the same sector. In reference to our favourite companies, SCO suck but MS has done well.

  144. Due Dilligence is the watchword of venture capital by Slashamatic · · Score: 1
    and also what they haul the beneficiaries of their largesse over. They take risks but they must be enumerated and mitigated. They will also be scrupiously careful with their statements as if a lawyer is hanging on every word.

    First, it is remarkable that Goldfarb is saying this. It is also interesting what he is not saying. Like the old slashdot favourite of filling in the ??? before profit?

  145. SCOX down 2.6% for Thursday by Animats · · Score: 0, Redundant
    SCOX closed at $9.25, down 2.7% for the day. SCOX began the week around $12, so it's down more than 20% so far this week.

    The stock hasn't had a real up week since December of 2003.

  146. Hi there! It looks like your looking for WMD ? by Anonymous Coward · · Score: 0

    'Would you like to write a memo explaining why you can't find them?

    OR

    Would you like to write a resignation from your government position?'

    - Ah the good ole' days - when only Clippy was annoying you all day with its stupid behavior, not whole national governments...

  147. suing the devil by kardar · · Score: 1

    I don't remember where I saw this, but apparently there was an individual who sued "the devil" here in the U.S. Sued him for all the bad things the devil had made him do, all the people the devil had caused him to hurt - something along those lines.

    The judge threw out the case because the court didn't know what address to send the devil's subpeona to.

  148. 141,840,000 by z_gringo · · Score: 1

    I'd be surprised to learn that SCOX has 141 million dollars to repurchase shares. Of course if the price keeps droping, it will cost less, but not enough less to make any sense.

    Interestingly, SCOX announced this repurchase and still closed down nearly 3%. That's got to be a first.

    --
    -- -- Warning. Do not stare directly at the sun.
    1. Re:141,840,000 by Tune · · Score: 1

      Indeed. ...And that's about -22% last week. Pretty soon even Microsoft will want to get rid of its shares.

  149. Um, remember Harvey Pitt? by phr1 · · Score: 1

    Of Enron vs. accounting regulations fame? Looks like he's still SEC chairman. The SEC under the current admin seems determined to let big corps do whatever they want.

  150. Mods: this is a repost by Overly+Critical+Guy · · Score: 1

    See www.anti-slash.org. They've already gotten several reposts modded to +5 this week alone.

    --
    "Sufferin' succotash."
  151. Re:Mods: this is a repost by Anonymous Coward · · Score: 0

    In A.D. 2003
    War was beginning.
    Slashbot 1: What happen ?
    Slashbot 2: Somebody set up us the bomb.
    Slashbot 3: We get signal.
    Slashbot 1: What !
    Slashbot 3: Main screen turn on.
    Slashbot 1: It's You !!
    Overly Critical Guy: How are you gentlemen !!
    Overly Critical Guy: All your base are belong to us.
    Overly Critical Guy: You are on the way to destruction.
    Slashbot 1: What you say !!
    Overly Critical Guy: You have no chance to survive make your time.
    Overly Critical Guy: HA HA HA HA ....
    Slashbot 1: Take off every 'sig' !!
    Slashbot 1: You know what you doing.
    Slashbot 1: Move 'sig'.
    Slashbot 1: For great justice.

  152. Caldera and Microsoft Settle Lawsuit by bill_mcgonigle · · Score: 1

    Speaming of quid pro quo, one wonders how long this scheme has been in the works. Everyone was wondering why they really settled, but the terms of the agreement were kept secret.

    If I recall the food chain correctly, Canopy ate SCO who ate Caldera. Seems like it's come full circle now.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  153. Rubish. by jotaeleemeese · · Score: 1

    If SCO wins is because they showed the code that was infringed (ha,ha,ha).

    Thus that code is removed, the individuals that "contributed" are banned from Linux development, and we continue happily ever after.

    Or the Hurd finally becomes production grade.

    --
    IANAL but write like a drunk one.
  154. What's more interesting... by Karem+Lore · · Score: 1
    If Microsoft called BayStar to "suggest" that they invest in SCO, wouldn't that indicate that Micro$oft were aware of what SCO was ABOUT to do? I strongly belive, therefore, that Micro$oft and SCO were talking to each other prior to SCO's offensive on Linux. If this is the case, is this legal? Isn't this consipiracy or something?

    Why would BayStar invest in a failing company like SCO unless they were aware of the fact that it would sharply increase in the future? If Micro$oft is behind this, and the SCO/IBM case is shown to be unsubstantiated, I hope that M$ will be torn apart by any justice system that can. This is not funny anymore. They have been accused of abusing their monopoly already (in California I think, or is it Florida???), and still it doesn't stop them. I truly think that a "fair" penalty would be to force the termination of all OEM contracts and ban them from OEM licensing for the next 10 years...What do you think?

    --
    When all is said and done, nothing changes...
  155. Re: Don't worry about Microsoft by Anonymous Coward · · Score: 0

    With Bush in office, you don't have to worry about the communists keeping microsoft from making money.

    This isn't flamebait, it is bitter, pessimistic political commentary. I have plenty of Karma to burn...


    It does, however, show off your sick dualistic view on the world. The cold war has ended.

    !capitalism != communism

  156. Novel vs SCO by Anonymous Coward · · Score: 0

    Its kind of funny given that Novel and SCO were founded by the same person - Ray Noorda.

  157. he just made the international sign of the donut by nanowyatt · · Score: 1

    Get some culture, buddy.

    --
    Intellectuals! Liberals! Peacemongers! IDIOTS!!!