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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.

21 of 468 comments (clear)

  1. 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 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.

  2. 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

  3. 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...
  4. 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.

  5. 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 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.

    4. 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. 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.

  7. 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 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!

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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).

  13. 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.

  14. 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
  15. 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.