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BayStar Interviewed Regarding SCO Investment

Gonzo_Warrior writes "BayStar's managing partner explains what led him to 'ask' SCO for their money back. In this article, Lawrence Goldfarb describes '...the wayward corporate behavior on SCO's part' that led him to reevaluate BayStar's position. In a letter to SCO last week, BayStar claimed that '...SCO's behavior violated provisions of the investment agreement and that BayStar's convertible preferred stock be redeemed.' The article notes that since its founding in 1998, BayStar has never before asked a company for its money back." CNet has a story based on talking to a BayStar spokesdrone.

277 comments

  1. I don't get it. by Anonymous Coward · · Score: 5, Interesting


    SCO's stock price, which fell 38 cents yesterday to $6.80 a share, has dropped 30 percent since last Thursday, the day BayStar sent its redemption letter.

    .. but now it's at 7.96. That's why I'm a geek and not a Wall Street suit, I can't see any logic in the stock market. Isn't this NYTimes article more bad news for SCO?

    1. Re:I don't get it. by avkillick · · Score: 4, Interesting

      Actually good news for SCO. THe first indication that Baystar may actually back off on it's threat/request in exchange for for changes in the way SCO does business.

      --
      OpenOffice tips:richhillsoftware.com
    2. Re:I don't get it. by Rainbird98 · · Score: 1

      It's called "Day Trading". The same sort of thing happens with stocks like Sirius Satellite and Taser.

    3. Re:I don't get it. by vondo · · Score: 4, Interesting
      Not really. All the article says is that Baystar is unhappy with how SCO has been acting in public. And we all *know* how they've been acting in public. This could be a sigh of relief. Investor's might have been worried that Baystar concluded SCO's case had no merit. That would have been bad for their investors.

      On the other hand, Baystar doesn't have their money yet, and if they came out and said "SCO's case has no merit" the stock might tank to the point where they couldn't get it. (SCO's market cap is ~$100M, Baystar is asking for 20% of that back in cash.)

    4. Re:I don't get it. by OglinTatas · · Score: 4, Insightful

      SCO did just name a new financial officer, and the market may also be anticipating more change in leadership following Baystar's request. Darl says he won't quit though. But he's been talking out of his ass for a while now.

      IANA stock analyst. The only bath I ever took was in the market.

    5. Re:I don't get it. by pubjames · · Score: 1

      Yep, SCO's stock seems to be zooming up this morning.

      I don't get it either.

    6. Re:I don't get it. by Zocalo · · Score: 4, Interesting

      Relax, this is just a rally on an overall downward trend - they are still doomed. What happens is that investors think the worst is over following bad news and buy back-in; they'll dump again on the next set of bad news - SCOX has another financial coming up, and there are show and tell dates in the IBM case looming too. Then there are people who need to buy stock to cover shorts; the higher the stock goes the less they make. There's lots more insight into this kind of thing from Melanie Hollands of IT Manager's Journal right here if you are interested.

      --
      UNIX? They're not even circumcised! Savages!
    7. Re:I don't get it. by antirename · · Score: 3, Insightful

      Their biggest investor is saying (in the Cnet article) "your products are crap, just stick to suing people". This is good news for SCO?

    8. Re:I don't get it. by Anonymous Coward · · Score: 1, Informative

      Not really. Before this article it sounded like BayStar wanted their money back and were going to get it. Now BayStar's reasons for the redeption event sound less severe and that SCO will be able to weasel their way out of it. In fact they probably already have, as it looks like they got a new CFO which was probably their way of appeasing BayStar. Looks like SCO dodged the bullet this time.

    9. Re:I don't get it. by meringuoid · · Score: 5, Interesting
      A large proportion of the SCO stock is shorted. What this means is that people borrow shares in SCO and sell them. Later, when SCO's stock value has dropped, they buy back those shares to return them to whoever they borrowed from in the first place.

      It could well be that SCO has dropped far enough that a lot of these people are buying - taking the profit on their short sells. That would produce an upward trend.

      But then IANAStockmarketGuy. All I know about this sort of stuff I learned from SCO :-)

      --
      Real Daleks don't climb stairs - they level the building.
    10. Re:I don't get it. by tindur · · Score: 1

      Isn't that what the call Dead Cat Bounce?

    11. Re:I don't get it. by ch-chuck · · Score: 5, Informative

      fell 38 cents yesterday to $6.80 ... but now it's at 7.96

      I think that's what professional investors call a Dead cat bounce.

      --
      try { do() || do_not(); } catch (JediException err) { yoda(err); }
    12. Re:I don't get it. by BCoates · · Score: 2, Interesting

      But isn't that a sign that the shorters think this is the lowest price SCOX will be at for a while -- so pretty much the same thing as for any other buying?

    13. Re:I don't get it. by Anonymous Coward · · Score: 0

      "That's why I'm a geek and not a Wall Street suit"

      Exactly!. I Am A Geek because in WallStreet everything is ilogic, that's why i post on ... oh, wait ...

    14. Re:I don't get it. by David+Leppik · · Score: 1

      The upward swing in the stock may be from too many people shorting it. Short sales are a bet that the stock will go down, but they involve a stock purchase, which is reflected in an increase in the stock price.

    15. Re:I don't get it. by Spoing · · Score: 2, Interesting
      1. [SCOX stock price].. but now it's at 7.96. That's why I'm a geek and not a Wall Street suit, I can't see any logic in the stock market. Isn't this NYTimes article more bad news for SCO?

      I'm in total agreement on this with you; it makes no friggen sense. For example, this time last year, it was well below 1/2 of the current price ($8.15 a few moments ago, $3.00 last year).

      I can predict 3-18 months into the future what the trends will be for some stocks...and I'm 100% wrong within that time frame. The market takes an additional 3+ months to figure it out even when the trend (to me) is obvious.

      Should have invested gobs of money in IBM after they fell out of favor. The mid-90s restructuring and comeback was predictable and sucessful.

      --
      A firewall can not protect you from yourself. Turn off what you do not need. Do not use the firewall to do your work.
    16. Re:I don't get it. by beacher · · Score: 2, Funny

      Heh. Look closely at the NYT article again.. Every major company has a hyperlink to their stock market index except for SCO. I'm not sure if it's automatically done by the back end, but it's a funny oversight.
      -B

    17. Re:I don't get it. by meringuoid · · Score: 4, Informative
      But isn't that a sign that the shorters think this is the lowest price SCOX will be at for a while -- so pretty much the same thing as for any other buying?

      For some of 'em, yes: but I gather this sort of deal comes with a time limit. Sooner or later you have to pay back the stock you borrowed - could be that a lot of people are in that position. Many others might have standing orders - 'buy back if this stock drops below 80% of what I paid for it', for instance.

      I'd agree with what the other (probably better informed) posters are saying - SCO will drift up and down, but their overall trend is heading rapidly towards a Schwarzschild radius of their own making ;-)

      --
      Real Daleks don't climb stairs - they level the building.
    18. Re:I don't get it. by vidarh · · Score: 1
      Or it may mean that the people in question have decided they are likely to earn more elsewhere. SCO has dropped so much that for someone who shorted at the top, it would take fairly large percentage wise drops from the current level to significantly add to their profit, so their money might be put to better use in other shares.

      There could be a zillion different reasons that's unrelated to their performance, so unless this turns into a lasting trend it's not worth reading too much into it.

    19. Re:I don't get it. by alw53 · · Score: 1


      I wonder how many shares SCO has bought pursuant to its recently-announced "stock buy-back program" :)

      Maybe I'll send a query to their investor relations email address just to see what they say.

    20. Re:I don't get it. by vidarh · · Score: 2, Informative

      SCO's market cap has NOTHING to do with whether or not they would have the cash on hand to redeem Baystar - the only thing that affects that is SCO's assets. They could make SCO's shares tank as much as they want, and it wouldn't change SCO's cash holdings.

    21. Re:I don't get it. by _Sprocket_ · · Score: 1


      Their biggest investor is saying (in the Cnet article) "your products are crap, just stick to suing people". This is good news for SCO?


      It is if your income is derived from investors. Assuming that the investors think you can make money doing it. Keep in mind that SCO was already losing ground as a tech company.

      Not that I think its a good thing. But then, my business is technology. Not business itself.
    22. Re:I don't get it. by Alan+Hicks · · Score: 3, Informative
      I gather this sort of deal comes with a time limit

      Not neccessarily a time limit, but it does come with interest. You essentially borrow the stock from guy 1, then sell it to guy 2 at the price you bought it for. Now you have a lot of money in your pocket, but you owe guy 1 all that stock (currently the value of your money). He charges you interest on that, If you wait too long and the price doesn't drop enough, even if it does drop, you could loose money to interest.

      --
      Slackware, what else when it must be secure, stable, and easy?
    23. Re:I don't get it. by walterbyrd · · Score: 1

      Shorters are usually in for the shorter term, they don't hold there positions for several years like the longs do.

      Scox hit a new ten month low yesterday, and another intraday ten month low this morning. A lot of shorters may have decided to take profits now, rather than risk another month long ramp up of scox's stock price. You can always short again later.

      Of course the market makers will do what they can to perpetuate this trend, and 5-minute day traders will also jump in; perpetuating the trend.

      In any case, this is *not* long term investors. Scox has no value, and everybody knows it.

    24. Re:I don't get it. by hpa · · Score: 3, Insightful

      Remember, Baystar basically bought a lawsuit. They did that on behalf of Microsoft, who is their client either formally or informally - we don't know for sure which way.

      SCO's public behaviour is increasingly becoming an embarassment for them both in the courtroom and as far as the credibility of their FUD. That means Baystar/Microsoft is no longer getting what they paid for, so they're rattling SCO's chain.

    25. Re:I don't get it. by The+Pim · · Score: 1

      Giving something a (ridiculous) name does not explain it.

      --

      The evaluation of an action as 'practical' . . . depends on what it is that one wishes to practice.
    26. Re:I don't get it. by Crazy+Eight · · Score: 2, Insightful
      Baystar doesn't have their money yet, and if they came out and said "SCO's case has no merit" the stock might tank to the point where they couldn't get it.

      With this in mind I have to wonder if Baystar's disposition towards SCO is even more negative than the public story indicates. This is still a serious vote of no confidence that damages Baystar's investment and, of course, they know it. So how badly do they really want to bail out in light of their willingness to let this degree of friction get public?

    27. Re:I don't get it. by davandhol · · Score: 1

      Good thing he linked the term to an online dictionary, then, huh? :)

    28. Re:I don't get it. by SlashDread · · Score: 1

      A funny tee slogan comes to mind:

      I learned to play the stock market from SCO, and all I got was this louzy ...

      peace

      "/Dread"

    29. Re:I don't get it. by Curunir_wolf · · Score: 1
      SCO's stock price, which fell 38 cents yesterday to $6.80 a share, has dropped 30 percent since last Thursday, the day BayStar sent its redemption letter.

      So how long before SCO files a lawsuit against BayStar for defamation, or some such. After all, "contracts are what you use to sue ... with"!!

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
    30. Re:I don't get it. by The+Pim · · Score: 1

      Actually, I was referring to the dictionary entry.

      --

      The evaluation of an action as 'practical' . . . depends on what it is that one wishes to practice.
    31. Re:I don't get it. by STrinity · · Score: 1

      Not neccessarily a time limit, but it does come with interest. You essentially borrow the stock from guy 1, then sell it to guy 2 at the price you bought it for. Now you have a lot of money in your pocket, but you owe guy 1 all that stock (currently the value of your money). He charges you interest on that,

      And to make it more complicated, you're supposed to (I'm not sure if it's just standard practice or an FEC rule) keep the money in escrow -- but you can put it somewhere where it'll draw interest and counterbalance at least some of what you owe the original owner. Also, if the price goes down, you can remove some money from escrow, but if it goes up you have to put some of your own into the account.

      And this is why most small investors don't short stocks (if they even know what it is).

      --
      Les Miserables Volume 1 now up with my reading of
    32. Re:I don't get it. by tverbeek · · Score: 2, Insightful
      I can't see any logic in the stock market.

      I'd be worried if you did. There is none. The stock market is an irrational system, loaded with confidence schemes, accounting tricks, high-stakes gambling, and "wealth" created from and vanishing into thin air. Despite which it is treated as the cornerstone and bellweather of our economic system, and presented by pundits as the ideal way to "invest" our resources for the future.

      --
      http://alternatives.rzero.com/
    33. Re:I don't get it. by Anonymous Coward · · Score: 0

      I trade for a living. Disclosure: I have no position in SCOX right now, although I've been short in the past year.

      First, there are always 20 different reasons why something happens in the market, and if you're really smart, you can figure out 10-15 of them. Can you predict what a million line C program will do all the time? Then think about the complexity of a million *people* doing their thing.

      Second, I agree with the posters who said that Baystar's position is not a prediction of doom for SCO. Baystar is not saying "your lawsuit sucks". Baystar is saying "focus on your lawsuit, be more like IBM -- quit squabbling with the Slashbots and spend more attention on your legal briefs".

      Remember, SCO took $150 million out of Microsoft's hide over DR-DOS. And the same parent group, Canopy, took $40 million out of CA. Canopy+SCO have two successes already in the lawsuit biz. That's why Baystar is telling them to focus on that line of business.

    34. Re:I don't get it. by gcaseye6677 · · Score: 2, Interesting

      When the BayStar financing deal was first announced, I recall a lot of people saying this was "death spiral financing". They described how this was done with .coms that were running out of cash and that the financing institution typically provided money in exchange for a large portion of the corporation (or preferred shares). Apparently, the financing organization benefits from a reduction in stock price since they can acquire more of the company, or some other benefit like that. These financers would sometimes short the company stock just to drive the share price down. Could it be that BayStar made this announcement, knowing that it would drive down SCO's share price so that they would get whatever benefit would come out of it? Since BayStar is very unlikely to actually get their money back, this seems like the only real motivation for them to make the announcement.

    35. Re:I don't get it. by cosmo7 · · Score: 1

      That's why you check the volume. If volume is low then a stock's price is more erratic, and the spread is higher.

      Obviously when SCOX did its latest slump the volume went up, then the stock rose on low volume. Stocks can do some very strange things when there are only a few people buying and selling them.

    36. Re:I don't get it. by Anonymous Coward · · Score: 0

      you act as if this definition at the beginning of the article is ambiguous.

      dead cat bounce
      (ded kat BOWNS) n. A temporary recovery from a major drop in a stock's price. Also: dead-cat bounce.

    37. Re:I don't get it. by rjdohnert · · Score: 1

      Just like we know how the Linux community has been acting, like children. If you dont want to fight with someone than you ignore them instead you guys just keep going at it like a bull in a china shop.

    38. Re:I don't get it. by Herschel+Cohen · · Score: 1

      The stock price is even higher now. The rise is based upon Baystar telling potential investors it believes in the litigation and two it would like to business focused on that pursuit. At most it wants the company, SCO, to stop wasting their time on a real business and concentrate, quietly upon how to win their cases. And if the current management will not shut up, perhaps change the few at the top. Overall very encouraging prospect for those out for a killing with very little effort other than waiting.

      One might further infer if they got their wish they would find further resources (cash) to back the lawsuites.

    39. Re:I don't get it. by whoever57 · · Score: 1
      Not really. All the article says is that Baystar is unhappy with how SCO has been acting in public. And we all *know* how they've been acting in public
      The thing is: SCO was acting that way in public before Baystar invested, so either Baystar expected Darl and minions to change their behavior, or Baystar is now spewing bullshit.

      Given their statements that they expected to make money regardless of the merits of SCO's case, Baystar has shown themselves to be without morals, so I don't believe anything they say.

      --
      The real "Libtards" are the Libertarians!
    40. Re:I don't get it. by Citizen+of+Earth · · Score: 1

      Darl says he won't quit though.

      I think he'll wait for them to push him out and then sue them like he did his last employer. He probably knows that his options aren't going to vest very well.

      My car gets 42 miles per gallon of biodiesel. How many miles per gallon of blood does your vehicle get?

      Probably less than 10, but I ride the bus.

  2. Another article by Andreas(R) · · Score: 0, Troll

    Here's another article about BayStar Confirms Microsoft Connection to SCO Investment.

    Evil M$.

    1. Re:Another article by Andreas(R) · · Score: 4, Informative

      And the URL.

    2. Re:Another article by picklepuss · · Score: 2, Interesting

      What disturbs me the most about eWeek lately is the fact that every single article on Linux has those stupid M$ "GettheFUD" ads showing.

      What's really funny about those ads: If you go to their site, they offer to mail you a package with the MS vs. Linux papers and a trial copy of Advanced Server 2003. Now that in itself is not funny. But the fact that the form where you enter your information was broken in every browser I tried besides IE. Nice One! If someone's not using Windows, MS doesn't let them get information on converting to Windows.

    3. Re:Another article by Herschel+Cohen · · Score: 1

      Simple!

      Just means if you are not using their software you already know too much to have a free copy have any impact. Anyway everybody on the internet uses IE!
      <b>
      Mozilla 1.3.1
      Mozilla/5.0 (X11; U; Linux i686; en-US; rv:1.3.1) Gecko/20030425</b>

  3. To quote Schock Mercenary by TerryAtWork · · Score: 0, Troll

    It's very, very non-refundable.

    Sco, Sun, Cisco and all the rest are doomed.

    They'll all be replaced by cheap P-Boxes running Linux or, when we smarten up, OpenSBD.

    --
    It's Christmas everyday with BitTorrent.
  4. Since 1998 eh? by mccalli · · Score: 5, Funny
    The article notes that since its founding in 1998, BayStar has never before asked a company for its money back.

    All the way back to 1998, a whole six years ago. Now there's history for you. Almost dynastic in its scope..

    Cheers,
    Ian

    1. Re:Since 1998 eh? by pete-classic · · Score: 5, Informative

      Perhaps you've never read a newspaper before? This is a common journalistic method of inserting a fact without dedicating a whole sentence to it.

      It also states that in over 400 investments they have never done this before. So while the history isn't exactly epic there is enough to show that, to date, they have resorted to this sort of action in fewer than one quarter of one percent (.25%) of cases. This strikes me as fairly significant.

      -Peter

    2. Re:Since 1998 eh? by mccalli · · Score: 4, Interesting
      So while the history isn't exactly epic there is enough to show that, to date, they have resorted to this sort of action in fewer than one quarter of one percent (.25%) of cases. This strikes me as fairly significant.

      And me also, but for different reasons. I've been in the financial services industry since before this company was founded, and I've never heard of a comparable case. The moral to me is to distrust Baystar as a potential investment partner.

      Cheers,
      Ian

    3. Re:Since 1998 eh? by Anonymous Coward · · Score: 1, Funny

      As they say - Europe is where they think 100 miles is a long distance, and the U.S.A. is where they think 100 years is a long time.

    4. Re:Since 1998 eh? by Brento · · Score: 4, Funny

      The moral to me is to distrust Baystar as a potential investment partner.

      You needed more reasons than their investment in SCO?

      --
      What's your damage, Heather?
    5. Re:Since 1998 eh? by Anonymous Coward · · Score: 1, Interesting

      The moral to me is to distrust Baystar as a potential investment partner.

      I get the feeling that the moral to most people would be to not violate investment agreements.

    6. Re:Since 1998 eh? by Anonymous Coward · · Score: 0

      The moral to me is to distrust Baystar as a potential investment partner.

      Or distrust SCO as a potential investment.

    7. Re:Since 1998 eh? by liquidsin · · Score: 4, Insightful

      I'm not in financial services, so I really don't know your reasoning, but why would you think this means don't trust Baystar? This has only happened in less than .25% of their investments, and they're doing it because SCO allegedly broke one of the contract stipulations. If anything, I would say the moral is "don't fuck with an investor who has the legal grounds to take their money back".

      --
      do not read this line twice.
    8. Re:Since 1998 eh? by twitter · · Score: 0, Flamebait
      How do you jibe saying this:

      I've been in the financial services industry since before this company was founded, and I've never heard of a comparable case.

      With saying this:

      All the way back to 1998, a whole six years ago. Now there's history for you. Almost dynastic in its scope..

      Tell me, big investment man, is this unusual or not. I'm not sure I'll trust your answer having seen this piece of sparkling judgement from you:

      The moral to me is to distrust Baystar as a potential investment partner.

      You should already have known that Baystar is a Microsoft shill with poor judgement. Why would you have ever have trusted that?

      What you might conclude is that the SCO stock fraud is coming undone sooner than expected. Must have been the whistle blower. Or was it was the federal put up or shut up order, or the complete lack of evidence produced before or after? It should be clear to even the dumbest, greediest "investor" that SCO never had anything but a big mouth and a purchased famous name.

      --

      Friends don't help friends install M$ junk.

    9. Re:Since 1998 eh? by corbettw · · Score: 2, Insightful

      Here's a useful Google link for ya, that might help you understand the grandparent's original point about Baystar's dynasty:

      define: sarcasm

      --
      God invented whiskey so the Irish would not rule the world.
    10. Re:Since 1998 eh? by SlashDread · · Score: 1

      What exactly do you compare?

      I know numerous "venture capitalists" deals that go bust halfway, usually nulling the invested company. Heck, look at all them busted startups in the bubble timeframe.

      Often because the invested comp. does not meet sales targets orso, this one is on the premiss that the CEO is a nutter. Sounds reasonable to me.

      peace

      "/Dread"

    11. Re:Since 1998 eh? by Anonymous Coward · · Score: 0
      Moderators: Please note that "twitter" is a known fanatical psycophant whose obnoxious offtopic rants are legend here on Slashdot. It doesn't matter what the topic is, he'll find a way to scrape in some pointless Microsoft bashing. While nobody expects us to love Microsoft in any way, his particularly tepid style of calling anyone he replies to "troll" or "liar" because he happens to disagree with whatever they're saying is well documented and should not be rewarded. If anything, twitter is the type of person that should not be part of the open source/free software community. He is an anathema to all that is good about free software.

      I'm posting this so that you (the moderator) have some context to consider twitter and not mod him up whenever he posts his filler preformatted rants about installing Knoppix or whatever that unfortunately get him karma every single time and allow him to continue posting his trademark toxic crap (read on) day in and day out. You may consider this a troll - I consider it community service. And I ain't kidding.

      If you're a /. subscriber, I invite you to look through some of his posting history. I guarantee that you'll be hard pressed to find someone that is more "out there" than twitter. You'll also probably notice he's got quite an AC following. Don't just read his posts, make sure you go through the replies.

      For example, in this recent post twitter not only calls the OP a troll but attempts to "tell it like it is" while making some vague argument about "GNU". Yes, if you're confused, you're not alone. The reply (modded +4) proceeds to simply destroy his bogus argument. You will notice he did not reply. This is what some people call "drive-by advocacy". A sort of I'll just leave you with my thoughts here and move on to the next flamebait kind of deal. In fact, he almost never replies because he knows that his fanatical arguments simply do not hold up to any sort of discussion. It's not that he's chosen the wrong cause - he's just going at it in a completely wrong way.

      More? Just read though this post and the subsequent replies. I guess this stands on its own.

      More? Bad spelling in astounding conspiracy theories, more offtopic FUD and uninformed "I'm right, look at me" rants, promptly proven wrong. Worse even, twitter wants to be RMS, apparently (that first one is a winner). I mean, really. You think?

      FUD, FUD, FUD, FUD, offtopic FUD, and more FUD. This guy is like the Monty Python SPAM skit, but with FUD and more FUD instead of canned meat. Amazed

  5. Baystar just looking for changes by avkillick · · Score: 5, Insightful

    It sounds to me that Baystar is unhappy with the way SCO has been doing things and will likely come to an agreement that allows SCO to keep the money (for the moment) in exchange for some management changes - perhaps.

    --
    OpenOffice tips:richhillsoftware.com
    1. Re:Baystar just looking for changes by mackman · · Score: 2, Informative

      I think they already did.

    2. Re:Baystar just looking for changes by deadlinegrunt · · Score: 2, Interesting

      Here.
      For the tinfoil hatters:

      Perhaps Microsoft, secretly orchastrating these arrangements, felt the heat and did not like the way it was heading considering they have a track record with being associated with events like these; the results of which do not favor Microsofts image.
      OR
      This is Microsoft's way of getting rid of a business "ally" since it is becoming apparent to even mainstream media they have no future; which includes Microsofts primary interest in killing the FOSS movement and Unix server market mindshare.
      OR ...

      Sorry, just trying to get in character for the audience.

      --
      BSD is designed. Linux is grown. C++ libs
  6. Of the 400 companies they've invested in ... by burgburgburg · · Score: 5, Informative

    over the years, SCO is the first that they've asked for the money back from. If that isn't a tell, I don't know what is.

    1. Re:Of the 400 companies they've invested in ... by Mateito · · Score: 1

      I predict that in 10 years, people will be still making "SCO is dying" posts on slashdot. .. along with the "Apple is dying", "BSD is dying" and "Natalie Portman's careere is dying".

    2. Re:Of the 400 companies they've invested in ... by Anonymous Coward · · Score: 0

      I saw "Garden State" last night. It was pretty good. Shook Zach Braff's hand afterwards. He wiped his hand on my shirt.

  7. a learning process by CresentCityRon · · Score: 1

    Maybe they need to lose a few bucks then they'll learn how to ask for their money back a little faster.

    1. Re:a learning process by Anonymous Coward · · Score: 0

      Or maybe they need to lose a few bucks to learn
      to invest in companies that at least have a chance
      at being profitable. And its always a good idea
      to research a company before you give them a bunch
      of money.

  8. have investor money, will travel by WormholeFiend · · Score: 2, Funny

    "SCO's management, he said, was traveling too much and spending too much when it should have been concentrating its efforts and resources on its legal strategy."

    nice. money for nothin, but does he get the chicks for free?

    1. Re:have investor money, will travel by Anonymous Coward · · Score: 0

      Would that be Jack Chick?

    2. Re:have investor money, will travel by El · · Score: 0, Troll

      money for nothin, but does he get the chicks for free? Yes, but being a Mormon, he has to marry them first...

      --

      "Freedom means freedom for everybody" -- Dick Cheney

    3. Re:have investor money, will travel by rozz · · Score: 0, Offtopic
      money for nothin, but does he get the chicks for free?

      let's see

      if the chick hates Linux => Daryl is her hero => he gets her for free

      if the chick loves linux, then we can say she's a linux-chick ... which is open&free for all by default!

      amazing conclusion - Daryl gets ALL the chicks for free!

      oh wait, 99,9% of the chicks never heard of Linux ... i guess he still has to pay for these...life is hard

      --
      "There is nothing more frightful than ignorance in action." Johann Wolfgang von Goethe
    4. Re:have investor money, will travel by dipipanone · · Score: 1

      money for nothin, but does he get the chicks for free?
      Yes, but being a Mormon, he has to marry them first...


      That isn't free in any sense that I'm familiar with -- neither freedom *nor* beer.

    5. Re:have investor money, will travel by DougJohnson · · Score: 1

      I hear he gets the chicks for about $50

  9. Re:Make your bets! by univac99 · · Score: 2, Informative

    I think you are looking at the wrong stock. SCO groups symbol is scox not sco! Currently trading at 7.98 on yahoo!

  10. Baystar by Roskolnikov · · Score: 1

    Pulling funding from SCO will just make them act much like a cornered animal. Those SCO/Linux licenses might just become a collectors piece.

    --
    Unix, an obscure operating system developed by bored researchers in an attempt to get a better game playing experience.
    1. Re:Baystar by tindur · · Score: 1
      Those SCO/Linux licenses might just become a collectors piece.

      When SCO loses the case I will rush to buy a licence from them. Of course I'm willing to bargain. Anybody else?

    2. Re:Baystar by Roskolnikov · · Score: 1

      I was thinking along the lines of a lawsuit against SCO for selling me the right to use something they didn't have the right to sell. :)

      --
      Unix, an obscure operating system developed by bored researchers in an attempt to get a better game playing experience.
  11. They're looking at the endgame by Ars-Fartsica · · Score: 5, Insightful
    The endgame for SCO only has two results, and they aren't approaching either with vigor according to BayStar:

    1. Concentrate on and press the legal issues and win. Results for BayStar are obvious.

    2. If the court cases are to be lost/abandoned etc then SCO needs to have some public goodwill in order to attract new customers.

    It isn't doing (1), all we are seeing is grandstanding and namecalling.

    It surely isn't doing (2) - SCO is the most hated company in tech.

    Darl fancies himself a scrapper who can take the heat, but he's sacrificing SCO and all of the shareholder equity to buttress his ego. A CEO should put shareholders first.

    1. Re:They're looking at the endgame by supersnail · · Score: 2, Insightful

      What would happen if SCO won?

      The wierdness of there case:-
      IBM wote JFS for its own UNIX system therefore its UNIX and we own it would set a precedent which could lead to even more bizzare cases.

      e.g. FreeBSD Your operating system uses an amended version of our TCP/IP stack therefore we own it, -, all you Windows users belong us

      --
      Old COBOL programmers never die. They just code in C.
    2. Re:They're looking at the endgame by atlacatl · · Score: 1

      Funny you mention hate...I use to have "SCO Unix" in my resume and I have removed it since the Linux incident...I truly don't think it will hurt my job prospects :)

      --
      Esta es una firma en Espanol.
    3. Re:They're looking at the endgame by Threni · · Score: 1

      > ..I use to have "SCO Unix" in my resume and I have removed it since the Linux
      > incident...I truly don't think it will hurt my job prospects :)

      I imagine you're better off leaving it in. An on the case interviewer might bring it up and you could joke about it and it'd break the ice and show you follow the industry.

  12. Can't see the Darl from the cheese by curtisk · · Score: 2, Interesting
    The public statements from Darl McBride, SCO's chief executive, were too frequent and too grand for BayStar's liking.

    Why is this behavior obvious to everyone but SCO, and our courts?

    --

    Sehr geehrter Toilettenbenutzer!

    1. Re:Can't see the Darl from the cheese by Erwos · · Score: 2, Insightful

      Because:
      1. There's nothing illegal or wrong about giving frequent and grand about public statements, at least here in the US of A, where we have the right known as "free speech".
      2. SCO is _expected_ to talk smack about their competition. Did you think they were just going to politely assault one of the biggest computer firms out there? No way. They've got to go out with guns blazing if they're going to attract investors.

      Let's face it: SCO, so far, has done nothing illegal. They've made total bastards out of themselves, sure, but there's nothing illegal about that in this country.

      -Erwos

      --
      Plausible conjecture should not be misrepresented as proof positive.
    2. Re:Can't see the Darl from the cheese by ethanrider · · Score: 1

      IANAL and IAN the SEC BUT:

      Aren't publically traded companies required not to make knowingly misleading statements to their investors?

      --
      ACMD eht detaloiv evah uoy ,erutangis siht no noitpyrcne eht gnikaerb yB
    3. Re:Can't see the Darl from the cheese by Anonymous Coward · · Score: 0

      Yeah, he's like the Larry Flint of obscenity.

    4. Re:Can't see the Darl from the cheese by curtisk · · Score: 1
      There's nothing illegal or wrong about giving frequent and grand about public statements, at least here in the US of A, where we have the right known as "free speech".

      Free speech, LOL...well thats a debate for another day, but as a CEO of a public company, that may be a whole different story. Yes, they sure have their guns blazing to attract investors, but by your logic the "pump and dump" move is perfectly fine, he can just spout bullshit in the guise of "free speech"? LMAO

      --

      Sehr geehrter Toilettenbenutzer!

    5. Re:Can't see the Darl from the cheese by SnappleMaster · · Score: 1

      IANAL also. There are most likely laws to that effect in place BUT when dealing with corporate America you have to use common sense. Every corporate mouthpiece will bend the rules (and the truth!) and present his/her company in the most favorable light. You should never take any statement made by any corporation at face value - buyer beware and all that jazz.

      Remember, unless it is an outright lie there's really no quantitative measure for "misleading". Once you are in the grey area between factual truth and bald lie, it's all subjective.

      --
      Be happy. Nothing else matters.
    6. Re:Can't see the Darl from the cheese by corbettw · · Score: 1

      Free speech, LOL...well thats a debate for another day, but as a CEO of a public company, that may be a whole different story

      No kidding. Go ask Martha Stewart what she thinks of free speech protections for executives.

      --
      God invented whiskey so the Irish would not rule the world.
    7. Re:Can't see the Darl from the cheese by Flashpot · · Score: 1

      >>Remember, unless it is an outright lie there's really no quantitative measure for "misleading". Once you are in the grey area between factual truth and bald lie, it's all subjective Your spokesman makes or breaks your credibility with his language and delivery. DMB has been carrying on like Vince McMahon. Or Ballmer. Or both. Still, the Baystar request to change top level management seems like a slapdown many here have been waiting for...

      --
      That which does not kill her only prolongs my agony.
  13. Baystar may want to fire Darl by jaymzter · · Score: 5, Interesting

    More on this at Groklaw and the Mercury News

    "BayStar Capital Management LLC believes SCO needs to hire executives with more savvy about intellectual property cases and spend less money on its Unix products, BayStar spokesman Bob McGrath said Wednesday."

    "SCO's chief executive is Darl McBride, whose cash compensation totaled $986,047 in the company's fiscal year ending last October. That pay package troubled BayStar, McGrath said, given SCO's small size - the company has annual revenue of $79 million and about 300 employees."

    Baystar may finally be the one's to shut oldSCO's mouth for us so that IBM can finish the execution cleanly

    --
    If thou see a fair woman pay court to her, for thus thou wilt obtain love
    1. Re:Baystar may want to fire Darl by meringuoid · · Score: 5, Funny
      Baystar may finally be the one's to shut old SCO's mouth for us so that IBM can finish the execution cleanly

      Cleanly? Baystar are offering a clean execution: SCO run out of money and implode. IBM want SCO hanged, drawn and quartered in public, the dismembered remains sent to the four corners of the land and Darl's head on a spike outside the Tower of London.

      IBM are soft.

      --
      Real Daleks don't climb stairs - they level the building.
    2. Re:Baystar may want to fire Darl by drinkypoo · · Score: 4, Insightful

      Read what you C&P'd again. Baystar thinks that they need to spend less money on Unix and more money on executives with more savvy about IP cases. In other words, they want to get rid of Darl, and hire someone who can actually win cases to cripple Linux. (Not that such an outcome is likely or even reasonably possible.) Baystar is not our friend, unless they successfully take money away from SCO which will stop their operations rapidly.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:Baystar may want to fire Darl by shadowcabbit · · Score: 3, Interesting

      Wait wait wait:

      "SCO's chief executive is Darl McBride, whose cash compensation totaled $986,047 in the company's fiscal year ending last October. That pay package troubled BayStar, McGrath said, given SCO's small size - the company has annual revenue of $79 million and about 300 employees."

      One of the company's employees takes home 1/80th (or so) of the annual take.

      Something here is odd... though to be honest, this kind of reeks of Valenti's reasoning behind his comment about how $100,000 "wasn't much to live on" (in reference to independent music artists; for source, see pretty much any sig in the MP3 raid threads).

      --
      "Why Subscribe?" Good question...
    4. Re:Baystar may want to fire Darl by tehcyder · · Score: 1
      One of the company's employees takes home 1/80th (or so) of the annual take
      Well, you need to provide comparative figures for this to mean anything much, surely?

      What's the average salary for someone in an equivalent position to Darl? $100,000? $10,000,000? I doubt it.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    5. Re:Baystar may want to fire Darl by Anonymous Coward · · Score: 0

      what if IBM is going to Baystar and Royal Bank of Canada, and making them the deal they can not refuse.... offering to over the losses if they go ahead and suck all the air out of SCO's room?
      No money -> SCO goes tits up, and IBM buys the gutted corpse for a song....
      live by the sword, die by the sword.....

    6. Re:Baystar may want to fire Darl by Frizzle+Fry · · Score: 1

      Givn that the company only has 300 employees total, having the top one get 1/80th of their take doesn't seem that unreasonable.

      --
      I'd rather be lucky than good.
  14. Baystar wants the money by AmericanInKiev · · Score: 3, Interesting

    Since BS is essentially bankrolling a luxurious experiment by a few well paid lawyers - it seems that for its part - it would rather have the money back than continue to invest in the salaried of attorneys - which can only mean that it doesn't think the risk/reward ratio is positive any longer.

    A strange because it suggests that the business model really was FUD - that they didn't have a leg to stand on - but they could threaten in the hopes of creating an avalanche of copitulation (large firms signing up for licenses) If this had happened prior to court - the case could have been dragged out - while the revenue came in. Clearly MS was willing to lower some of the risk by cost sharing - but from where I sit - they don't have any more of a case than they can make - and there will likely be no more response to identified code - than removing it - and since it is clear now that no-one has acted intentionally - the reality of huge punative awards is unrealistic.

    Kudos to OS for dodging the biggest bullet to date - I doubt there are any more of greater significance looming on the horizon - the other legal accomplishment would be to uphold the GPL without frightening the world that OS is similar to the RIAA.

    AIK

    1. Re:Baystar wants the money by gabebear · · Score: 2, Interesting
      the other legal accomplishment would be to uphold the GPL without frightening the world that OS is similar to the RIAA.

      That would be IBM's Countersuit in this mess. SCO is the perfect target to go after for GPL violations. This could turn out to be VERRRY good for Linux people.

    2. Re:Baystar wants the money by shadowcabbit · · Score: 1

      Since BS is essentially bankrolling a luxurious experiment by a few well paid lawyers...

      Truer words have never been spoken. This whole endeavor has been fueled by BS since day one.

      --
      "Why Subscribe?" Good question...
    3. Re:Baystar wants the money by jfruhlinger · · Score: 1

      Since BS is essentially bankrolling a luxurious experiment by a few well paid lawyers - it seems that for its part - it would rather have the money back than continue to invest in the salaried of attorneys - which can only mean that it doesn't think the risk/reward ratio is positive any longer.

      Read the article. BayStar wants SCO to spend *more* of its resources on it's intellectual property efforts (read: lawsuits) and less on its Unix business.

      jf

    4. Re:Baystar wants the money by AmericanInKiev · · Score: 3, Insightful

      When you want out of a deal - you rarely say "I want out because I found a prettier women to spend my time with." You generally say - you've stopped doing your part of the deal - so I want out, and pray like hell nobodyy figures out the real reason.

      I'm not saying you're wrong about motives - but what people say are the motives and the motives are disticts. In this case - actions speak volumes, the words mere wallpaper.

      AIK

    5. Re:Baystar wants the money by pjrc · · Score: 1
      Saddly, Baystar is not fed up with the litigous behavior, and in fact they want SCO to focus only on the lawsuits. Baystar is unhappy the SCO is chasing after too much PR and they are continuing their worthless Unix business. Baystar wants them to shut up, focus on the lawsuit, and drop their unix products.

      Rather than the article slashdot linked to, which only gives a second-hand summary of the interview someone else did with Baystar, try reading this article with direct quotes from Baystar's Bob McGrath.

      I'll quote the most important statements for you....

      "We think they need to strengthen the senior team to get people with experience and background in the legal issues," McGrath said.

      ....

      BayStar asserts SCO's Unix products business doesn't hold long-term value for shareholders, McGrath said. SCO reported $9.7 million in Unix products revenue and $1.6 million in Unix services revenue in its quarter ended Jan. 31.

      "We think there are limited prospects of that business ever generating growing and significant revenue," McGrath said. "And we believe it is diverting resources from going where they would have the most value--the intellectual property process."

    6. Re:Baystar wants the money by AmericanInKiev · · Score: 1

      And Darl is in there saying they are just unhappy about the stock price going down.

      Getting the words from Bob' mouth makes them only marginally more credible in the context of a public relations nightmare and two ongoing life and death lawsuits. It's not like this is mother Theresa extolling the virtues of personal sacrifice - this is Bob hoping he can buy into the liabiities of others and make legal hay. From such minds rarely springs truth in any recognizable form. This is a chess match and you expect the players to say - "I moved my queen to this corner because it creates an opportunity later to fork the queen with a protected knight?"

      I suggest that whatever reason is given - the purpose of the reason given is to distract from the reason itself.

      I have suggested the reason is that the risk/reward benefit went south as soon as the code was made public, and nobody cared. Linus said - that's my mistakes from when I was still in diapers. Linus has further said - we will remove that code from linux without even requiring a reboot. And he has pointed out that SCO is arguing about code it licensed (That would be like me suing someone who downloaded sting because I own a legitimate CD). In Short - the public has ruled on SCO and has voted against it. The arguments have been aired, both sides have been heard, and the jury that matters - which is the licensee buying mega-corps have turned in their virdict. If SCO want to appeal this public decsion to the courts it can, but Baystar is pulling out at a time which suggests they are not going to support the continuation of the appeal.

      With 300 employees they need 30,000,000 in revenue - they have only 10M or a third of that with no real prospect of tripling it any time soon. So Bob's point that the core business is dead is well taken. However an employee buyout of the assets could yield a job saving bankrupcy - secure the product line for downstream users - but would destroy creditors - which would include BOB.

      Bob's only real hope is to seperate the liability from the core business - and the shareholders would be best served by sticking by the IP value - because the UNIX stream can only barely hold its own weight. So Bob's pitch to drop the employees and the UNIX business (into an employee buyout/ banrupcy I would hope) and steam ahead with IP is the stronger of available decisions.

      But given the writing on the wall, the best move is to get out and preserve as much capitale as it can now - because as a late creditor, it would otherwise be one of the last in line at the asset auction.

      AIK

    7. Re:Baystar wants the money by Crazy+Eight · · Score: 1

      That may be what we know from the articles, but the fact that this spat between partners in crime has become public at all says something that makes any injunction to get-with-the-suing-mother-fuckers a bit beside the point.

  15. No Confidence. by Flashpot · · Score: 5, Insightful

    Regardless of the language, to me it looks like a no-confidence vote.

    --
    That which does not kill her only prolongs my agony.
  16. join the risk! by CresentCityRon · · Score: 2, Interesting

    "For his part, Mr. Goldfarb said that with reforms in
    management practices to address BayStar's complaints,
    it might keep its funds in SCO."

    This is troubling. Baystar thinks they have a chance.They are saying get rid of some yooboos and stop living off our cash and we'll still play with you. I think SCO has done it already with the CTO leaving. Thie question is if that is enough good faith. The stock is up. Someone might think so.

    1. Re:join the risk! by AhBeeDoi · · Score: 1
      This is troubling. Baystar thinks they have a chance.They are saying get rid of some yooboos and stop living off our cash and we'll still play with you. I think SCO has done it already with the CTO leaving.

      I thought it was the CFO who was leaving. Their CTO is Linus Torvalds. :^)
  17. Disappointing, but not surprising by mmurphy000 · · Score: 5, Insightful
    The net is not that BayStar is having second thoughts about pursuing claims against IBM and Linux, but that BayStar thinks SCO management is wasting time and money by going about it inefficiently.

    An inefficient SCO is scary enough. One that drops the hype and just goes about this quietly could be worse. If nothing else, it would reduce the number of SCO-related articles here on /.

    On the other hand, maybe that's a good thing... ;-)

    1. Re:Disappointing, but not surprising by Anonymous Coward · · Score: 0

      Don't forget BayStar don't have their money back yet. And if they said that they think the case has no merit then SCO's stock would fall faster (and BayStar would get less cash back).

      They may well think the case has no merit but won't be saying anything like that until they have their money back.

  18. Yahoo Link by Archangel+Michael · · Score: 4, Interesting

    http://finance.yahoo.com/q/ecn?s=SCOX

    This one shows the standing orders for buys and sells, which if you do a comparison, shows possible daily trend. More Sell orders can mean declining price. Also look for the variation of prices between the sell and buy sides. A huge descrepancy can mean valuation problems within the market.

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    1. Re:Yahoo Link by Anonymous Coward · · Score: 0
    2. Re:Yahoo Link by Anonymous Coward · · Score: 0

      Looks even funnier when you use a linear rather than log scale for the price.

    3. Re:Yahoo Link by Eivind · · Score: 1

      Sort of. But you have to look at the limits too, not only how "many" orders there are for buy and sell. If "Last" was 7, and there are tons of people who want to sell at 7, but hardly any buyers who want to pay more than say 5, it does indeed indicate the stock is likely to drop. If however, Last was 7, and there are *tons* of people who want to sell their stock at 9 while there are only a few people who want to buy at 8, this does not indicate a downward trend. I guess my point is, look at the price, not only the order-depth.

  19. NOT FLAMEBAIT!!! by Anonymous Coward · · Score: 0
    Michael was the one who used the term 'spokesdrone', that is the flamebait. I have friends and colleagues in the industry, and it's ridiculous that he denigrates all these people as 'drones'.

    The parent comment is a direct, ontopic reply to a line the editor wrote in the story. How is that 'flamebait'?

  20. Re:Make your bets! by Isca · · Score: 2

    OK! WHOOT! I'm a CLASS-A Idiot this morning :) I looked up SCOR, not SCOX SCOX is at 8.05, *up* a 1.25 today. As another post put it, I'm glad I'm not an investor, this kind of news causing the stock price to go up just befuddles me.

  21. Finger pointing by Lord+Grey · · Score: 5, Interesting
    From the article:
    Microsoft initially recommended that BayStar take a look at SCO. But there is nothing unusual about that, Mr. Goldfarb [managing partner of BayStar] said. BayStar often talks to the investment and venture arms of major technology companies like Microsoft, Intel and Cisco. "It was evident that Microsoft had an agenda," Mr. Goldfarb said.
    Does anyone remember the leaked memo that pointed to Microsoft's interest in the BayStar investment? Many people in that thread guessed that perhaps Paul Allen arranged the deal on the golf course or over the weekend or something. Apparently, that point is moot. BayStar and SCO both knew who was behind it.

    What about the statement from Blake Stowell of SCO that, "Contrary to the speculation of Eric Raymond, Microsoft did not orchestrate or participate in the BayStar transaction."?

    Now, who needs a tin-foil hat?

    --
    // Beyond Here Lie Dragons
    1. Re:Finger pointing by El · · Score: 1

      What about the statement [eweek.com] from Blake Stowell of SCO that, "Contrary to the speculation of Eric Raymond, Microsoft did not orchestrate or participate in the BayStar transaction."? What did you expect from a man whose initials are "BS"?

      --

      "Freedom means freedom for everybody" -- Dick Cheney

  22. Re:This reminds me of a funny story by capn_buzzcut · · Score: 0, Offtopic

    1. I love "eating" pussy as much as the next guy, but that made me cringe. 2. How the hell did the SCO story remind you of THAT?

    --
    "And now, Frank N. Furter, your time has come. Say 'goodbye' to all of this, and 'hello'... to oblivion!"
  23. SCO's new plan by SteakandcheeseUm · · Score: 4, Funny

    The SCO website is planning a different legal strategy.

    The Large Button on top of their page is advertising "SCO Forum 2004 *The power of Unix*" On the bottom of the button it says:
    Register Early and WIN!
    What do you win?
    ...A court hearing most likely.

    1. Re:SCO's new plan by frostfreek · · Score: 1

      I clicked the Register To Win button... and read the following:

      SCO Forum has been exciting the last couple of years and the upcoming event will be no exception.
      Building upon the Power of UNIX® theme that you have already seen presented to the partners through webinars and online, we will be focusing on our core business and its past, present and future.
      Additionally, this is the 25th anniversary of SCO and the products that you love. Be ready for a look back at the past 25 years!


      Apparently, SCO has no money left to pay professional copy writers, and are using gradeschool kids, or something.
      Seriously, that is some crappy writing!

  24. Darl's big mouth by aelfric35 · · Score: 1
    The public statements from Darl McBride, SCO's chief executive, were too frequent and too grand for BayStar's liking.
    Is it just me, or do Darl's pontifications become all the more amusing as the SCO case loses whatever teeth it may have had?
    --

    "Den som vover mister Fodfaeste et Oieblik; den som ikke vover mister Livet." -Soren Kierkegaard
  25. What a bunch of morons at Baystar by Profane+MuthaFucka · · Score: 4, Insightful

    We all know the type. Slick management type, wearing neatly pressed suits. Reads the type of trade publications that feature head shots of middle and upper managements atop articles full of jargon, but devoid of content. Power lunches. Golf trips. Owns a Lexus. Won't give a lowly programmer type the time of day.

    These fools with millions and millions of dollars to spend somehow didn't get the information that the rest of us got for free.

    I'm not sorry for them. Not even a little bit.

    --
    Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    1. Re:What a bunch of morons at Baystar by meringuoid · · Score: 2, Funny
      These fools with millions and millions of dollars to spend somehow didn't get the information that the rest of us got for free.

      You got your information for free? Mine cost $699!

      --
      Real Daleks don't climb stairs - they level the building.
    2. Re:What a bunch of morons at Baystar by AlecC · · Score: 2, Insightful

      I think you exaggerate. *If* SCO were to win at the level they claim, the returns would be enormous. Baystare were backing an outsider. They make dozens of bets of this order, and expect quite a lot of them to bomb. If the others pay off with a serios multiplier, that is fine by them. SCO is probably on the riskier end of their betting, but not outside the envelope.

      Like most here, I don't think SCO own enough IP to make a big suit stick. The idea that they own all *nix-alikes is laughable. It might, just possibly, be that a little code they have rights to found its way into Linux via IBM. Improbably, IMO, but stranger things have happened.

      Which raises the question of how much damages SCO should be able to claim in the unlikely event of their getting something to stick agaisnt IBM. You can only claim for sales you can reasonably claim to have lost (unless punitive damages are ordered, which seems unlikely). SCO will, of course, claim that every installation of Linux in the worls is worth $699 to them - but the court is unlikely to wear that. If, for example, it were found that some of the SMP code infringed SCO's copyright (as originally alleged), then it would be reasonable to restrict it to SMP machines. The you would have to show that, in the absence of free Linux, the users of such machines wouldn't have bought (e.g.) Solaris. So how much can SCO *really* claim?

      --
      Consciousness is an illusion caused by an excess of self consciousness.
    3. Re: What a bunch of morons at Baystar by Black+Parrot · · Score: 5, Funny


      > We all know the type. Slick management type, wearing neatly pressed suits. Reads the type of trade publications that feature head shots of middle and upper managements atop articles full of jargon, but devoid of content. Power lunches. Golf trips. Owns a Lexus. Won't give a lowly programmer type the time of day.

      We all know the type. Scruffy employee type, wearing wrinkly shirts that have been sitting in the dryer for 4 days. Reads perl programs full of ASCII art that actually compiles and runs, though devoid of meaning to the MBA. Pizza lunches. Beer hikes. Runs linux. Won't give a snooty manager an honest answer to "How long is it going to take?"

      These fools with millions and millions of lines of code to give away somehow didn't get the million dollar bonus we got.

      --
      Sheesh, evil *and* a jerk. -- Jade
    4. Re: What a bunch of morons at Baystar by Anonymous Coward · · Score: 0

      I guess we know which type you are. Nice to meet you Mr. Cheney.

    5. Re: What a bunch of morons at Baystar by edraven · · Score: 1

      The most honest answer I ever heard to "How long is it going to tak?" was "How long is a piece of string?"

      Chuck

    6. Re:What a bunch of morons at Baystar by Anonymous Coward · · Score: 0

      While I'm not sorry for them either, I wouldn't charaterize them that way.

      Someone from Microsoft talked someone at Baystar into pushing the SCO deal through. Yes they should have looked into the facts earlier, but I'm glad that someone there decided (albeit late) to take a closer look.

      Surprise surprise, after taking a closer look they wanted out.

    7. Re:What a bunch of morons at Baystar by Progman3K · · Score: 1

      >I'm not sorry for them. Not even a little bit.

      When the whole thing'll crumble, who do you think will be left with the aftermath?

      Not the executives with golden parachutes.

      It'll be everyone who has their money in Baystar funds.

      That means the little guy, of course.

      I feel sorry for them.

      --
      I don't know the meaning of the word 'don't' - J
  26. SCOX going down by pair-a-noyd · · Score: 1

    I was graced with an ad proclaiming I could buy SCOX for $4 a share through sharebuilder.com while looking up the currents...

    Hmmmmmmmm......

    1. Re:SCOX going down by UrgleHoth · · Score: 2, Funny

      Well, you know what they say, "easy scome, easy sco."

      --

      Dogma - "let's just say we'd like to avoid any empirical entanglements."
    2. Re:SCOX going down by chez69 · · Score: 2, Funny

      shouldn't that be sleazy come, easy sco?

      --
      PHP is the solution of choice for relaying mysql errors to web users.
  27. CTO left today by CresentCityRon · · Score: 2, Interesting

    Perhaps he was an easy sacrifice to the money gods. It would seem though that SCO's officers like the limelight more than the business of business.

    Hopefully they'll keep wasting investor cash. That is the quickest way of halting this strange saga.

    1. Re:CTO left today by Anonymous Coward · · Score: 0

      Did you mean the CFO? Or did their Tech board guy go too?

      Man the rats are fleeing that ship. And it seems so seaworthy too.

    2. Re:CTO left today by Anonymous Coward · · Score: 1, Funny

      Perhaps, instead, it was to make room for the CLO (Chief Litigation Officer)... :-D

  28. Baystar wants SCO to pursue IP full-time by Extra+Ketchup · · Score: 5, Insightful

    I found it interesting that Baystar wants SCO to give up on UNIX to pursue the "intellectual property process." In other words, Baystar wants SCO to give up the only service it offers and pursue legal action against Linux (and Linux users) even more than it is now! In fact, if they do this (and a few other things), then Baystar might change their mind about recalling their stocks..

    I wonder who would benefit most from this (cough Microsoft cough cough....)

    ps - I do like the idea of no more Daryl McBride, except for the fact that he probably will help the Linux community more in the end with all his irrational rantings and ravings!

    1. Re:Baystar wants SCO to pursue IP full-time by Anonymous Coward · · Score: 1, Interesting

      I think they would have done this long ago, if it were not for the fact that they would have a pile of pissed of developers. Who knows what skeletons they could dig out of SCOs closet.

    2. Re:Baystar wants SCO to pursue IP full-time by Spoing · · Score: 2, Interesting
      1. I found it interesting that Baystar wants SCO to give up on UNIX to pursue the "intellectual property process." In other words, Baystar wants SCO to give up the only service it offers and pursue legal action against Linux (and Linux users) even more than it is now! In fact, if they do this (and a few other things), then Baystar might change their mind about recalling their stocks..

      SCO excutives decided to make enemies and maybe an incredible amount of money. SCO products are horrible when compared to most of the other options out there. Over time, they would have to restructure (ala Novell) or slowly scale back as customers slowly went away.

      If SCO wins, Baystar could have a cash cow that could last decades and drag in a boatload of investors to Baystar. If SCO looses, Baystar is out $20 million and has to cover those losses or loose investors. If Baystar says "give me my money back" they can tell investors "see, we are looking after your investments".

      If SCO wins or looses, Baystar has invested in SCO...and they have to show that the money was spent wisely or they will be in deep trouble with current and future Baystar investors.

      1. I wonder who would benefit most from this (cough Microsoft cough cough....)

      No doubt they would. The 'score or we're taking the ball home with us' tactic is smart even if Microsoft benifits (and MS has).

      --
      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:Baystar wants SCO to pursue IP full-time by UnanimousCoward · · Score: 3, Insightful

      I wonder who would benefit most from this (cough Microsoft cough cough....)

      Step back for a second and think about it from Baystar's point-of-view independent of M$. Baystar is in the business of getting the best return on their investment, and the best return on their investment would be realized in winning a court case. So of course they want SCO to focus on the litigation aspect--Baystar doesn't give a flying whatever about Unix...

      --
      Twelve-and-three-quarter inches. Unyielding. This wand belonged to Bellatrix Lestrange.
    4. Re:Baystar wants SCO to pursue IP full-time by Anonymous Coward · · Score: 1, Insightful

      At least on some level, SCO's strategy makes sense. They still have some loyal dealers, ISVs, and customers out there, and those folks are no doubt taking SCO's Linux FUD more seriously than people who aren't customers.

      The problem is that everyone knows that SCO UNIX is in "legacy" mode, so SCO at least has to pretend that they are building it up it as a Linux alternative.

      If SCO cuts software dev, customers are going to flee like rats, lawsuits or no. That puts SCO's revenue at $0.

    5. Re:Baystar wants SCO to pursue IP full-time by kilgortrout · · Score: 0

      Baystar just wants to get paid. What do you expect them to publicly say? "You lied to us about the strength of your case and we want our money now". They could then watch the stock price go to zero along with the probablility of ever getting a cent out of SCO. They are bolstering the stock price by publicly stating that SCO should pursue their IP claims more diligently and professionally as if those claims had merit in hopes of getting their money out before this house of cards comes crashing down.

  29. #2 by Anonymous Coward · · Score: 0

    >> SCO is the most hated company in tech.

    Wouldn't that be M$?

    1. Re:#2 by gl4ss · · Score: 2, Insightful

      * >> SCO is the most hated company in tech.

      Wouldn't that be M$?*

      no, there are quite a lot of people who choose ms products over others for no other reason than their being ms products and quite a lot of ceo/cto/suits have 'trust' in them as a 'good choice'.

      not so for sco.

      --
      world was created 5 seconds before this post as it is.
    2. Re:#2 by Anonymous Coward · · Score: 0

      Hey, e.e. cummings, there's a new thing everybody's talking about. It's called a 'shift key'. Everyone's using it (except for people who think it makes them somehow 'avant garde' to not shift, in which case they are only exposing their own shallowness).

    3. Re:#2 by budgenator · · Score: 1

      Actualy Microsoft made SCO, Microsoft once had a product called xenix, a 16 bit unix offering, which they sold to the Santa Cruz Operation.

      Ironicly IBM, the most hated company in tech at the time, gave DOS to Microsoft which made the company and allowed them to become the most hated company in tech. They then sold xenex to SCO which evolved into the most hated company in tech, which in turn sued IBM. Seems kind of like sueing your grandfather.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
  30. And the inpenetrable sentence award goes to.... by adamofgreyskull · · Score: 4, Funny
    BayStar, he said, then did a lengthy assessment of SCO's intellectual property claims and whether, if the dispute ever came to a jury trial, the lawyer SCO has hired, David Boies, one of the nation's top litigators, could win.
    STEVE LOHR!! Of the New York Times. Kudos, Steve Lohr!
    1. Re:And the inpenetrable sentence award goes to.... by puppet10 · · Score: 2, Funny

      Come, on, I, think, he, could, have, fit, a, few, more, commas, in, there, I, mean, its, not, every, word; possibly, he, could, have, worked, in: some, semicolons, and colons, as, well.

      --
      -------- This space intentionally left blank --------
    2. Re:And the inpenetrable sentence award goes to.... by catscan2000 · · Score: 1

      Although it has many commas, it still is grammatically correct. The thing that threw me is the comma after Boies, since it's used to describe David Boies instead of returning to the previous phrase. It's actually three different phrase levels, which can, as you already noticed, decrease readability.

      Rephrased:
      He said that BayStar then did a lengthy assessment of SCO's intellectual property claims and whether the nationally recognized lawyer SCO has hired, David Boies, could win if the dispute ever came to a jury trial.

      Ahh, much better :-).

  31. Anyone else notice by Pisco · · Score: 5, Funny

    Offtopic but.... Link on SCO's home page: "Why SCO could Win: Week Two. -- eWeek.com." However, if you actually click on it the article title on eweek is "Why SCO Thinks It Can Win"??

    1. Re:Anyone else notice by Anonymous Coward · · Score: 0

      I'm sure it's just a typo. No one at SCO would ever distort the truth.

    2. Re:Anyone else notice by imroy · · Score: 1

      Those two "stories" are from our good pal Rob Enderle. They're probably just click-bait, to get people looking at the banner ads. He rants and raves in his usual fashion and eventually concludes that SCO will win the court case. The guy is a nutter and clearly has an agenda against Open Source(tm) and Linux. In one of his pieces I remember reading the little "about the writer" blurb at the bottom. According to this blurb, he dreams of building a house free of Open Source software. Good luck connecting to the Internet without a BSD-derived IP stack, Rob! You lunatic.

    3. Re:Anyone else notice by Anonymous Coward · · Score: 0

      This is the great, you gotta listen to this.

      http://www.thescogroup.com/company/broadcasts/sk yr adio/

      then click the link.

      It's Darl explaining the IP lawsuit as something like - if you live on a ranch and have cows, and you round them up and check the brand(the burned on mark on a cow), and have the wrong cow, you have the right go and check all the other cows on other farms and round them up too, or something like that - it is HILARIOUS!!!

      Darls best - by far!! I hope SCO never replaces him, but I CAN see why Baystar would want to...

      have fun and go Darl

  32. Indeed by EachLennyAPenny · · Score: 2, Funny

    Before 1998 there wasn't Google, MySql, iMac, Seti@Home, Microsoft Access and well... Microsoft Windows 98. :)
    Look here for more.

    1. Re:Indeed by Anonymous Coward · · Score: 0
      Microsoft Access was first released in 1992.

      The company named Access Software that was acquired in 1999 by Microsoft according to the site you linked to, has nothing whatsoever to do with Microsoft's database product.

  33. What's more interesting is.... by Excelsior · · Score: 5, Interesting

    More interesting is the article over at ZDNet. In that article, Baystar contends that Darl should step down, and that SCO is wasting it's time with the Unix business. Baystar suggests that SCO make litigation its only business.

    1. Re:What's more interesting is.... by Extra+Ketchup · · Score: 1

      Which doesn't seem too bright on Baystar's part, considering recent events in the SCO vs IBM case. Maybe somebody should send an email to Baystar asking them to invest in a legitimate Linux-based business (Novell, Redhat, etc.)

    2. Re:What's more interesting is.... by tb3 · · Score: 1

      Microsoft wouldn't like that ...

      --

      www.lucernesys.comHorizon: Calendar-based personal finance

    3. Re:What's more interesting is.... by rhizome · · Score: 1

      You assume a couple things: that Baystar is *trying* to invest in a legitimate Linux business; and that the events that have transpired in SCO v. IBM have anything to do with Baystar's ability to extract cash from SCO's position in the stock market.

      --
      When I was a kid, we only had one Darth.
    4. Re:What's more interesting is.... by Trogre · · Score: 1

      Baystar suggests that SCO make litigation its only business.

      *sigh*

      I smell another PanIP in the making.

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
  34. educate and reeducate by S3D · · Score: 2, Funny
    letters SCO has sent "were designed to educate the marketplace, and we will continue to try to educate the marketplace,"
    in the glorious tradition of the reeducation camps...
  35. Thanks for the no-reg NYT link by Anonymous Coward · · Score: 2, Interesting

    I would like to thank the submitter for using the google partner link to the NYT article.

  36. Re:Make your bets! by evenmoreconfused · · Score: 1

    It went down several days ago when the Baystar news came out.

    It's going up today (perhaps) because Baystar has just clarified their position to say they might leave the money in if SCO gave up any pretense of being in the software business and replaced their top management with people who are better in legal fights. /me thinks Baystar knew all along what SCO was planning to do.

    --
    No. Well...maybe. Actually, yes. It really just depends.
  37. Baystar is not an Ally. by Dareth · · Score: 5, Insightful

    Baystar's problem is not with SCO's position on the issues, but their handling of the issues. Some quotes from BayStar spokesman Bob McGrath in the article make this clear.

    "We think there are limited prospects of that business ever generating growing and significant revenue," McGrath said.
    "And we believe it is diverting resources from going where they would have the most value--the intellectual property process."


    BayStar asserts SCO's Unix products business doesn't hold long-term value for shareholders"

    In fact, if SCO would get their act together and focus on just legal issues they would consider continuing support for them.

    "We think they need to strengthen the senior team to get people with experience and background in the legal issues," McGrath said.
    If SCO addresses BayStar's concerns, McGrath added, the investor is open to reversing its redemption request."


    It is bad sign when your investors tell you to stop acting like a technical business and persue your legal intellectual properties as your business model.

    --

    I only look human.
    My mother is a halfling and my dad is an ogre, so that makes me an Ogreling
    1. Re:Baystar is not an Ally. by Jeff+DeMaagd · · Score: 1

      Exactly how can SCO put less emphasis on selling software and more on IP? They are already heavily imbalanced as it is and they aren't generating any new IP-based "product", or innovating for that matter.

  38. Even more telling... by goldspider · · Score: 2, Informative
    SCO's management, he said, was traveling too much and spending too much when it should have been concentrating its efforts and resources on its legal strategy"

    I think it's even more telling of BayStar that they believe SCO should be investing more in thier legal team, as opposed to, I don't know, DEVELOPING GOOD PRODUCTS AND IMPROVING RELATIONSHIPS WITH THEIR CUSTOMERS!!

    --
    "Ask not what your country can do for you." --John F. Kennedy
  39. SCO buyback? by bstone · · Score: 2, Insightful

    Didn't Darl file for a buyback when the stock was at $10, saying that the company felt that the price was a bargain? By now, since the stock has slipped so much since then, shouldn't SCO be jumping at buying back all those shares at an "even better" bargain?

    Or was the buyback filing and press release just another attempt to pump up the stock price through FUD? Does anyone else think that the buyback filing and subsequent press release was purely a stock-pumping ploy?

    1. Re:SCO buyback? by BigBadBri · · Score: 5, Informative
      The buyback was an attempt to stop the stock price from infringing the terms of the Baystar deal - it had to be pushed over a $10.49 limit to stop penalties being triggered.

      --
      oh brave new world, that has such people in it!
    2. Re:SCO buyback? by bstone · · Score: 1

      So it WAS purely an attempt to manipulate the stock price? Doesn't the SEC police that type of activity? (You don't mean that SCO lied when they gave that story of what a "bargain" the stock was, do you?)

    3. Re:SCO buyback? by odin53 · · Score: 1

      The buyback was an attempt to stop the stock price from infringing the terms of the Baystar deal - it had to be pushed over a $10.49 limit to stop penalties being triggered.

      It may have been the case that it was an attempt to manipulate the stock price (btw, this is not always bad or wrong), but the clause you're probably referring to gives *SCO* the right to redeem Baystar's stock, which is certainly not a penalty.

  40. BayStar *wants* SCO to be a lawsuit mill... by OmniGeek · · Score: 4, Interesting

    BayStar doesn't see the SCO UNIX business as viable (no surprise there), and wants SCO to become an IP lawsuit mill. Wazzup with that? There's *no chance* SCO can survive that way, 'cause they don't HAVE the IP to win their current cases, let alone any new ones. So either:

    1) BayStar got into this "sure thing" by bad judgement, is blowing smoke about their present motivations, and actually want some money out now, quick, before "the plane hits the terrain", or

    2) BayStar is shilling for soMeone elSe and doesn't give a soaring adlunar coition about SCO's prospects for survival or monetary return, or

    3) they are in some altered reality where they still think SCO *can* win. In that case I don't want any of what they're smoking, it impairs judgement too much.

    --

    "My strength is as the strength of ten men, for I am wired to the eyeballs on espresso."
    1. Re:BayStar *wants* SCO to be a lawsuit mill... by Anonymous Coward · · Score: 0

      SCO *can* win cases against it's former customers. It's not a streach to think that some have copyright violations they aren't even aware of. If you read the article carefully BayStar never though SCO owned Linux and they are unhappy with those statements.

    2. Re:BayStar *wants* SCO to be a lawsuit mill... by Moofie · · Score: 2, Funny

      "soaring adlunar coition"

      Point to you, sir.

      --
      Why yes, I AM a rocket scientist!
  41. FYI - Stock Market by Prince+Vegeta+SSJ4 · · Score: 1
    but now it's at 7.96. That's why I'm a geek and not a Wall Street suit, I can't see any logic in the stock market. Isn't this NYTimes article more bad news for SCO?

    What's more likely is that this bad news was already factored into the stock price:

    • You can bet that people were aware of the Baystar agreement.
    • SCO has a high of over $22, and has taken a significant hit anyway, this news could be bad, but not AS bad as investors expected.

    I've been following SCOX (the stock ticker) ever since seeing /. ers beff with them. I believe it started tanking soon after everyone (linux commuity)) got up in arms about the suits. Would've been a good stock to short, but I don't have the stomach to short a tech stock (infinite loss potential + volatility of an SCO)

  42. BayStar made a bad investment by Rick+and+Roll · · Score: 3, Insightful
    Okay, so BayStar made a bad investment. They are adults and they should face the consequences. They knew SCO was in a risky business from the outset. Microsoft giving them the tip did not force them to take it. It was their decision.

    Why should SCO have to pay them back so quickly? The lawsuit was total BS right from the beginning. First making a false claim, and then raising it to $5B? It's more obvious that they are taking it to any length and not making rational business decisions.

    But really, wasn't the lawsuit irresponsible right from the start? They didn't show any actual or empirical evidence of the copyright infringement. If BayStar was stupid enough to think that SCO would win, to invest in them, damn right, they should have to stick with it.

    If they win against SCO, though, I won't be complaining. SCO is a dishonest company, and they deserve to be put out of business. It's a shame that a company (well, two companies, actually) that used to be innovative, and a good company to do business with, be run in to the ground by a bunch of litigous bastards.

    1. Re:BayStar made a bad investment by marika · · Score: 1

      The money was backed by the Royal Bank of Canada. Banks don't care about the foundation of the lawsuit. I am not even sure they really knew what they were dealing with. I agree with you, SCO is a dishonest company.

      --
      This is totally insecure, but very convenient.
    2. Re:BayStar made a bad investment by Rick+and+Roll · · Score: 1

      Well, hopefully the Royal Bank of Canada will have learned their lesson and stop dealing with BayStar. I see this move as a mark against BayStar. Before this, companies considering BayStar would have not had any big reason not to trust them. Now they have one.

  43. Bay Star = Leech! by Newer+Guy · · Score: 1

    Bay Star is a 'hedge' company, another way of saying they are a leech. They buy companies that are worth more parted out and then call the scrap man. But then again, they DO have that LONG six year legacy to fall back on, don't they?

  44. A better lesson. by khasim · · Score: 2, Insightful

    Don't invest your money in some other company's war.

    Baystar will be out $20 million because their people were persuaded by Microsoft's people to fund SCO's attack on Linux.

    Some Baystar people need to be fired for that one.

    1. Re:A better lesson. by roca · · Score: 1

      "The Empire will compensate you for your losses."

      http://www.geocities.com/Hollywood/Bungalow/3606 /b oba1.wav

    2. Re:A better lesson. by bugnuts · · Score: 1

      Wow! you managed to fit microsoft, sco, and starwars into a single line, like a skinpatch of jocular fun applied to the forehead of every /. reader to handle those nasty cravings. :o

      bravo!

    3. Re:A better lesson. by Citizen+of+Earth · · Score: 1

      Baystar will be out $20 million because their people were persuaded by Microsoft's people to fund SCO's attack on Linux. Some Baystar people need to be fired for that one.

      Yes, but six months from now, when Microsoft makes a PIPE investment of its own into BayStar for $50M, these people will be getting bonuses for the $30M gain. You can be sure the recommendation included many promises of back scratching. Of course, Microsoft can't be too pleased about BayStar making its threats public, unless Microsoft wanted to rattle SCO's chain also, to get Darl & Co. to shut the hell up.

  45. Quite simple... by Kjella · · Score: 4, Informative

    ...there's the long-term investors. They go by the percieved real value increase. The real value doesn't change significally over short periods of time. These typically look for underpriced / overpriced stock and measure investments in years.

    The rest are all trying to second-guess what others will want. The mid-term traders try to predict the long-terms, the short-terms the mid-terms and the daytraders the short-terms.

    This typically result in "waves" in the stock price even where the real change is slim and none. Think of it as a bullwhip where the realinvestors give a nudge, and it comes out as a snap. Even if the original nudge is purely downward, the whip will go both up and down until it resettles.

    This whole picture is even more clouded by derivates such as options and futures, which can act both as accelerators and brakes to such a process. You have e.g. the short squeeze and the dead cat jump, caused by options coming to a close.

    The stock market has its logic. But it is definately that of its own, where expectations drive almost everything. Witness the 1929 stock crash or even the dotcom wave to see that. Eventually reality will catch up and ask "Yes, but do we make any money in the real world?" but it takes literally years.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  46. Triumph the Insult Comic Dog... by emtboy9 · · Score: 4, Funny

    "We understand (BayStar general partner Larry Goldfarb is) disappointed that the stock price has been going downward lately," Stowell said. "We haven't been real excited about that ourselves. But we believe the long-term prospects of the company are good."

    Good for me to POOP ON!

    --
    "Our funds have never taken part in toxic or death spiral convertible financings of any sort" -BayStar's managing partne
  47. Ahhh by mfh · · Score: 2, Interesting

    Sarcasm never seems to lose it's edge. However, there are some interesting revelations to this statement:
    > All the way back to 1998, a whole six years ago.

    BayStar formed as fate itself would begin to turn on the dot-bombs. BayStar, and the rest of the world, witnessed the plethora of cunning weasels around the world die of financial mass-suicide; but why invest in SCO to begin with? I find it hard to believe that BayStar would forget about the dot-bombs long enough to jump into SCO stock, with both feet -- unless for Microsoft's heavy-handed tactics, by means of an investment recommendation. Such a recommendation seems terribly crooked, as Microsoft is not a trader and has no business telling anyone which stock to buy. Any freshman would know that the SCO follows the dot-bomb philosophy (to a T), grabbing all the loans and investments they can, as if the very bundles of neatly wrapped Benjamins somehow could form a flotilla of Titanic-sized life-jackets.

    So someone at BayStar realized that the SCO was bad for business and they pulled out. Good. But you have to ask why they jumped into that deal, and examine Microsoft, again.

    --
    The dangers of knowledge trigger emotional distress in human beings.
  48. Re:This reminds me of a funny story by Anonymous Coward · · Score: 0
    I love "eating" pussy

    If I were you man, I'd be ashamed to admit that in public. Real men don't cry or eat pussy.

  49. real money by CresentCityRon · · Score: 2, Insightful

    yeah. That is REAL money. Just think what that could have been used for: funding a great new product, trying to dampen a social ill somewhere, anything really.

    In the end what a shame.

  50. NOW I know... by Anonymous Coward · · Score: 0

    Linux is an operating system that is distributed free. It is improved and debugged by a worldwide network of programmers, who share the basic source code

    ...however, is it GWbasic or Qbasic?

  51. Well, Yeah by Bill,+Shooter+of+Bul · · Score: 1

    It makes their life alot easier, if everyone using any other operating systems would just register them, so they can send them an invoice and/or lawsuit.

    --
    Well.. maybe. Or Maybe not. But Definitely not sort of.
  52. Re:Bush administration has a woman fired for a pho by Anonymous Coward · · Score: 0

    Coffins are real, BushCo and his Nazi Party don't want You to see Dead Americans. Remember there are hundreds of young Americans dead, thanks entirely to George W. Bush the war criminal.

  53. Sad state of affairs when... by Wun+Hung+Lo · · Score: 3, Interesting

    litigating is seen as (or in this case, REALLY IS) more profitable than actually creating or servicing a product. If this isn't a case of rich people trying to get richer without any effort (and I don't know about you, but I don't consider hiring a team of legal sharks to do dirty work effort), than I don't know what is. Go ahead and flame me, but this is everything that is wrong with capitalism as currently being practiced in this country. Reminds me of an old "Wizard of ID" cartoon. "Don't you know what the golden rule is?" "Sure, whoever has the gold makes the rules!"

  54. Learn to fucking read you fucking fuck! by Anonymous Coward · · Score: 0

    No, moron, my point was that by hiding the true costs of the war, the chickenhawks are DISHONORING the people that died because their country sent them to fight.

    1. Re:Learn to fucking read you fucking fuck! by Anonymous Coward · · Score: 0

      Soilders that die in battle shoudl be ground up to make dog food.

  55. Invest more? Baystar wants them to stop by burgburgburg · · Score: 4, Interesting

    investing in UNIX completely. Since Baystar's investment can only make them money if SCO wins the IBM lawsuit, this makes sense. Spending time on an actual product, building a good relationship for longtime company growth, etc. won't make them a dime. As far as they're concerned, it's wasted money.

    1. Re:Invest more? Baystar wants them to stop by JoelClark · · Score: 1

      That would have worked pre-lawsuit, but they've made a name for themselves by threatening, suing and generally extorting their customers.

      Right now, the best thing they can do is to litigate to the last breath. And that sucks for us.

  56. Skilling is an amateur by Anonymous Coward · · Score: 0, Offtopic
    Skilling's blood alcohol level was 0.19

    Amateur.

    I don't lose control/pass out until at about 3.20.

    That's an empirically determined fact.

  57. Re:This reminds me of a funny story by Anonymous Coward · · Score: 0

    I feel sorry for your girlfriend already. Or is this why you don't have one?

  58. Dynamite by Performer+Guy · · Score: 3, Interesting

    Incriminating stuff on Microsoft's recommendation from the article:

    "It was evident that Microsoft had an agenda," Mr. Goldfarb said.

    This from the guy at Baystar who was involved in the deal. Earth calling D.O.J. Earth to D.O.J. come in please.

    1. Re:Dynamite by Anonymous Coward · · Score: 2, Funny

      Earth calling D.O.J. Earth to D.O.J. come in please.

      You have reached the D.O.J. automated attendant. Please listen closely to the following options and make your choice at any time.

      Press 1 if you're the RIAA

      Press 2 if you have evidence against Martha Stewart or another rich white woman or black guy

      Press 3 if you have evidence against Tommy Chong

      Press 4 if you are an agent of Microsoft, Enron, Halliburton, Tyco, Ernst & Young, Morgan Stanley, or other Fortune 100 company or top investment firm. Directions to the D.O.J. golf club buffet this Wednesday will be provided.

      Press 5 if wish to report steroid use by a prominent athlete who is a registered Democrat.

      If none of these options address your query, please hold for an operator. Approximately wait time is six months, four days, eleven hours and thirty-six minutes.

  59. Mod Parent Up... by agilen · · Score: 2, Insightful

    The reason for the increase today is because they named a new CFO yesterday. Look for it to continue its downward trend next week.

  60. omg now I cannot eat at mc donalds anymore :( by trapped_techie · · Score: 1

    SCO sells two versions of Unix, OpenServer and UnixWare, which are used chiefly by companies such as McDonald's with numerous smaller outlets, restaurants or offices. That is bad, I cannot eat a quarterpounder or big mac anymore until they drop their IT infrastructure. This is a sad day.

  61. That's a good point to keep in mind. by khasim · · Score: 4, Insightful

    The enemy of your enemy is NOT your friend.

    I'm sure that Baystar would leave their money with SCO if Microsoft could find a way to funnel $20 million to Baystar.

    SCO wants money.
    Baystar wants money.
    Darl wants media attention.
    Microsoft wants to cripple Linux.

    We'll see how this plays out.

    1. Re:That's a good point to keep in mind. by timothy_m_smith · · Score: 1

      I understand the skepticism about Microsoft's position in this situation, but you also have to take a look at what Baystar does as a hedge fund. In general, these types of funds are involved in higher risk investing in order to get much higher returns than the general market or S&P 500. $20 million is probably not a significant sum to these people as many hedge funds only allow investment at the $1M level and up. If SCO was to win a couple billion in lawsuits Baystar would stand to make a massive profit.

  62. A shot across the bow by ewg · · Score: 3, Insightful

    This is a shot across the bow of SCO management. In other words, a public warning to the management team that their days are numbered unless they focus on what their owners want.

    --
    org.slashdot.post.SignatureNotFoundException: ewg
    1. Re:A shot across the bow by edraven · · Score: 3, Informative

      Unfortunately, their investers seem to want them to forgo their legitimate business interests and restructure their company around the pursuit of frivolous lawsuits. That kinda sucks.

      Chuck

  63. BayStar wants SCO to focus on its lawsuits by wotevah · · Score: 4, Informative
    This is somewhat disconcerting:

    From this news article from yesterday:

    An investment firm threatening to withdraw its financial support of SCO Group Inc.'s Linux licensing battle wants the company to shake up its management and sharpen its focus on the potentially lucrative legal fight. BayStar Capital Management LLC believes SCO needs to hire executives with more savvy about intellectual property cases and spend less money on its Unix products, BayStar spokesman Bob McGrath said Wednesday.
  64. Spokesdrone?!?! by Anonymous Coward · · Score: 1, Interesting

    It's little editorials like this (calling a PR spokesperson a "spokesdrone") that keep Slashdot from being considered as a serious news site. When I first saw the article, I was hoping that perhaps Slashdot had scooped the interview from other major news outlets. Seeing how the Slashdot editors treat the PR department of major corporations, I can understand why Slashdot is incapable of providing an interview of anyone who *really* matters in the business world (not to say the OSS software engineers, programmers and zealots don't make a difference, but they have yet to make a serious impact in the marketplace). I'm not saying the editors have to forget their ideals out to snag the interviews (and news) that matter, but a little dignity in thir work goes a long way for credibility.

    But hey, if this is a sounding board for the editors to get their personal views of the world off their chest, then by all means, go ahead. Just don't start whining to the general populous about the low number of paid subscriptions.

    1. Re:Spokesdrone?!?! by Anonymous Coward · · Score: 0

      You are, of course, absolutely correct. To call a coporate PR person a "spokesdrone" does a major disservice to both spokes (many of which provide excellent service in the wheels of my bicycle) and drones (for where would we get honey if there were no drone bees?). A more accurate appelation would be "paid liars and dissemblers". So far as interviewing the presumed movers and shakers of the corporate world goes, who cares? What they say will be carefully tuned to reveal as little as possible of the ugly truth.

  65. Re:omg now I cannot eat at mc donalds anymore :( by Anonymous Coward · · Score: 0

    a quarterpounder or big mac anymore until they drop their IT infrastructure. This is a sad day.

    You eat that shit? I can't remember the last time i step into a McDonald's. I must have been 6 or 7 years old, too young to judge and to young to know what good food tastes like. Try something else. No, not Subway, it's the same tasteless shit.

  66. McBride Paid more than Gates by obsid1an · · Score: 1

    If you go check out SCO's and Microsoft's company profiles it seems that Darl is taking home more than Bill. How can a shareholder see the CEO of a 300 employee company take home over $1 million when a company is in the red and be confident is beyond me. Looks like Baystar is coming to its senses.

  67. because of this by Anonymous Coward · · Score: 0
    1. Re:because of this by dipipanone · · Score: 1

      But that's hardly surprising -- that was the basis that they made the investment in the company in the first place.

      They bought in because they believed that SCO could have a big payday in the IBM case. They were threatening to dump because they believed that Darl McBride's big fat lying mouth was likely to screw up any chance that they ever had of collecting.

      It appears that -- for the moment at least -- they've settled for the CFO's head on a plate -- but hopefully Mr. Crack Pipe McBride won't be able to keep his big yap shut long enough to make his eventual demise inevitable.

  68. Ahh, now it makes sense by Anonymous Coward · · Score: 1, Interesting

    But to make SCO's case stick, the company needs to change its management, focus on its legal case and communicate in a more "sensible, businesslike fashion," BayStar spokesman Bob McGrath said.

    Knowing how conservative these groups are, especially when criticizing a company your company has invested in, one can only imagine what might have happened to spurn this. It's not like SCO's weak case wasn't obvious to anyone with knowledge of the situation.

    This is the kind of PR spin you put on a situation where, say, Baystar's CEO walks into McBride's office and finds him wearing a diaper and playing with Barbie dolls.

  69. Your stereotype is vapid by Valdrax · · Score: 1

    We all know the type. Slick management type, wearing neatly pressed suits. Reads the type of trade publications that feature head shots of middle and upper managements atop articles full of jargon, but devoid of content. Power lunches. Golf trips. Owns a Lexus. Won't give a lowly programmer type the time of day.

    Actually, if you read the article, BayStar's #1 complaint with SCO is the fact that they're paying their executives too much, blowing too much money on travel, and making too many publicity stunts instead of quietly focusing on the bottom line.

    In other words, BayStar is criticizing SCO for acting like the stereotype you put forth.

    --
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  70. What's wrong with this picture? by Anonymous Coward · · Score: 0
    Mr. Goldfarb described a company that had become too engaged in publicity and debate with the passionate advocates of the free Linux operating system. SCO's management, he said, was traveling too much and spending too much when it should have been concentrating its efforts and resources on its legal strategy.

    The way I remember it, SCO was "engaged in publicity and debate" way before BayStar jumped on the bandwagon. All of sudden they realize this?
    1. Re:What's wrong with this picture? by frkiii · · Score: 1

      Yes, so BayStar just admitted they are either 1) a bunch or morons or 2) knew about that SCO was "engaged in publicity and debate" with slim prospects for winning vs. IBM and gave SCO the money anyway.

      More clearly, they are either 1) a bunch of morons or 2) paid shills doing Microsoft's dirty work with full knowledge that they were doing so.

  71. moral of the story by Johnny+Mnemonic · · Score: 4, Insightful

    The moral of this story: when Microsoft points you to a place that you can spend tens of millions of dollars of your own money, they aren't doing it just because they like your tie. They are doing it for their own reasons, and won't really care if it turns out badly for you.

    I hope BayStar doesn't get a dime back from SCO--hopefully they'll consider the merits of the issue more carefully next time Microsoft gives them a "hot tip." And hopefully BayStar losing tens of millions to SCO puts a chill through the investment community to beware of Microsoft advice.

    --

    --
    $tar -xvf .sig.tar
    1. Re:moral of the story by cschmidt · · Score: 1

      I hope BayStar doesn't get a dime back from SCO--hopefully they'll consider the merits of the issue more carefully next time Microsoft gives them a "hot tip." And hopefully BayStar losing tens of millions to SCO puts a chill through the investment community to beware of Microsoft advice.

      Investment firms don't go around spending money just because a big company tells it to. BayStar considered the merits of the issue very carefully and were well aware of Microsoft's tactics:
      1) "It was evident that Microsoft had an agenda," Mr. Goldfarb said.
      2) "The issues for us were, first, is the intellectual property claim valid, and if it went to a trial would David Boies win or not?" Mr. Goldfarb explained. "Right, wrong or indifferent, it was our position that we would prevail."

      --

      Who am I to blow against the wind? -- Paul Simon
  72. Baystar explanation not very convincing by dcavanaugh · · Score: 2, Interesting

    Baystar requests redemption just to shake up SCO management? If they didn't like Darl, why did they give him the money in the first place?

    The SCO management team is the same one that existed when the deal was made. SCO products are the same. Other than adding litigation as a line of business, they are the same company that existed at the time of the PIPE deal.

    Redemption is an extreme action on Baystar's part, and I don't buy their explanation that the only problem is now SCO's senior management and their non-litigation products. Whatever the real reason is, this is NOT it.

    I think MSFT is at it again, lobbying Baystar to give SCO a chance to avoid redemption, in exchange for ?????? This whole concept of "Make a few changes and you can keep the money" is 100% bogus.

    1. Re:Baystar explanation not very convincing by InfiniteWisdom · · Score: 2, Insightful

      Baystar requests redemption just to shake up SCO management? If they didn't like Darl, why did they give him the money in the first place?

      They aren't trying to shake the SCO management out of the goodness of their heart, to reform the world. They invested in SCO because they believed they had a big-enough shot at their lawsuit to at least raise their valuation significantly. Not it turns out Darl's antics detract from that, so they decided to crack the whip.

      They invested in SCO in the first place because of their perceived gain potential from the lawsuit, not because of the great sales they excpected for SCO Unix.

    2. Re:Baystar explanation not very convincing by dcavanaugh · · Score: 1

      IMHO, the issue of dumping or keeping SCO's Unix products is a smokescreen. Just like the "problems" Baystar has with SCO senior management. Whoever is really driving the deal has somehow convinced Baystar to give SCO a chance to avoid redemption.

      Nobody knows what motivated Baystar, but now they need to set the stage for SCO to do something -- anything that can be declared a Baystar victory. Manufacture a problem, scream for a solution, cancel redemption. Any problem and any solution will do.

      Another conspiracy theory is that SCOX will sell it's non-controversial products at an inflated price to MSFT, thus facilitating the next "round" of funding. After all, they "had to" unload these unprofitable lines of business because Baystar said so.

  73. No, that would be the CFO... by blorg · · Score: 1

    ...and it clearly says in the article that the change was long planned and nothing to do with Baystar. Baystar's complaint with SCO is all their public posturing; they would prefer that SCO quietly pursue the case in the courts. The serious changes that they want at senior management level are related to stopping this public posturing - and that means Darl.

    Secondarily, they want SCO to quit the UNIX business altogether so that they can put all their focus on their IP litigation. They just want SCO to shut up and do this quietly. Given the brain-dead decisions that can be made by an uninformed judiciary (I'm thinking the MS-Eolas decision here), SCO publicly hanging themselves on a weekly basis is probably a good thing for Linux. So Baystar are not exactly the knight in shining armour.

  74. "A notification not a legal action" by roman_mir · · Score: 2, Insightful

    "We're unsure what their issues are," Marc Modersitzki, a SCO spokesman, said yesterday. He added that the BayStar letter was "a notification, not a legal action," and that SCO hoped the two sides could settle the matter. - so if someone is not suing you but trying to be civil about things and is just asking you nicely it means you do not have to be civil back, you must always wait for a court date to solve your differences? No wonder USA is known as the most litigious nation in the world.

  75. best part of the whole artical... by Robbie+Gage · · Score: 1

    "It was evident that Microsoft had an agenda," Mr. Goldfarb said. need I say more?

  76. Re:Bush administration has a woman fired for a pho by Anonymous Coward · · Score: 0

    Sure that's real bad. Take a look at WWI when troop deaths were measured in 1000s per DAY

  77. Already discounted information by mdfst13 · · Score: 5, Interesting

    Since it has been known for a while that their products are crap, it doesn't make much difference if someone says it. However, if Baystar sticks to the money back demand, it bankrupts SCO, making the stock worthless.

    Some people still believe that there is a possibility that the lawsuits may bring in money. A bankruptcy precludes that (even if the lawsuits continue under a new owner, the money won't go to the stockholders). Thus, Baystar not forcing them into bankruptcy is good for SCO stock.

    Which should we find more convincing: where Baystar put their money (if they remove the money back demand, they are indicating that they think they will get more money if they wait, i.e. that SCO will be more valuable after the lawsuits); or what they say (that SCO has crappy products).

    Yes, we have now gotten to the point where the comment, "your products are crap, just stick to suing people," actually is a rosy view of SCO's future. No one believes in their products. At least some people still believe in their lawsuits. SCO is no longer a tech company. They are just a bundle of lawsuits hoping that one will carry through to a big reward from the deep pockets of IBM, Daimler Chrysler, or AutoZone.

    1. Re:Already discounted information by tricops · · Score: 2, Informative

      Except Baystar only contributed $20 million of the $50.

      It's still important/would be nice if this little fiasco would cause Royal Bank to follow suit and ask for their $30 back. Of course, that $30 had the lately added clause that it couldn't be used for lawsuits, but I'm still pretty ticked off about it.

      --
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  78. Damn! by dawg+ball · · Score: 1

    There goes Darl's pension fund... Pity.

  79. Live by the sword, die by the sword by riehle · · Score: 1

    Reading this article I started to wonder about the likelihood of investors taking legal action against SCO and Daryl in particular when (not if) this whole charade comes crashing down. Daryl has been making public claims of millions of lines of stolen code, etc, etc. When the smoke clears I can only imagine some investors are going to set their sights on SCO.

  80. Re:omg now I cannot eat at mc donalds anymore :( by f00zbll · · Score: 1

    dude, don't eat that poison. Eat in and out instead. not only do they treat their employees well, but they have the best employee retention in the fast food business. In fact, In and Out rocks. If I had to work at a fast food place, it would have to be In and Out. McDonalds will kill you anyways.

  81. Diminishing Return by InfiniteWisdom · · Score: 2, Insightful

    But isn't that a sign that the shorters think this is the lowest price SCOX will be at for a while -- so pretty much the same thing as for any other buying?

    In addition to everything others have said... there's also diminishing return at work. If you shorted stock at $10 and its $2 now, a further fall of your maximim gain possible from this point on is pretty small. Not counting broker fees, interest etc., if you'd shorted $1000 of stock, you'd now make $800 in profit. Assuming its value falls away completely, your profit will only increase by a further 25%. On the other hand, the potential for loss is unbounded.

  82. Re:NOT FLAMEBAIT!!! -- mwahahaha by Anonymous Coward · · Score: 0

    stop fighting!!.. there's no point.. the dark side is stronger.. quicker... it has unlimited negative mod points!!

    you are completely right but the /. guys will keep moding you down even if you start a Mod war..

    resistance is futile..

  83. fixed link by corbettw · · Score: 1
    --
    God invented whiskey so the Irish would not rule the world.
  84. My bad. by CresentCityRon · · Score: 1

    CTO was a typo vs CFO. oops.

    Something "long planned" - hmm. Its easy for them to say. But I wonder.

  85. Incriminating how ? by Anonymous Coward · · Score: 0

    Explain to me how is it criminal for a company to recommand to another to invest in a company which is sueing a competitor ?

    Seriously, i'm not a U.S. citizen. Under which article of law will microsoft be pursued ? What can the SEC do exactly ?

    I think a lot of /.ers are jumping to conclusions, without prior knowledge of what the legal issues are.

    1. Re:Incriminating how ? by Anonymous Coward · · Score: 0

      Because Microsoft has been judged a monopoly. IANAL, but Microsoft's move is anticompetitive.

  86. This just to make Melissa.. by SlashDread · · Score: 1

    look more innocent. but ha! Were on to them! We know who she sleeps with. Monopoloptic muppet play. Get in governement liberales.

    peace

    "/Dread"

  87. Warning: Possibly OT by falsified · · Score: 1

    Why does this seemingly bad news for SCO not affect the stock price? SCOX is up 19% today. What the fuck is going on?

    --
    HI, MY NAME IS ISAAC.
    1. Re:Warning: Possibly OT by Anonymous Coward · · Score: 0

      People know that BayStar will not be able to get their money back. That's what's happening, in my crazy and uneducated opinion.

    2. Re:Warning: Possibly OT by ctid · · Score: 1

      It's not bad news for SCO. BayStar said originally they wanted their money back, but didn't say why. People naturally assumed that BayStar had finally caught on to the fact that SCO are a bunch of crooks. Investors thought that if BayStar pulled out, the stock would be worthless. Now BayStar has clarified its position. It claims that it thinks SCO will win its court case (obviously they can't say anything else in public, to do so would be to throw away $20million) and that they just want some different executives, ones who are more used to fighting legal battles (ie ones who behave more like IBM's executives are behaving). On this "news", people who are not interested in the case have started buying again, thinking that SCO has a chance of winning its court cases. The behaviour of SCO's stock price isn't really an issue. SCO's chances of surviving are effectively zero.

      --
      Reality is defined by the maddest person in the room
  88. Corporate Outcast by Sylven_1969 · · Score: 0

    McBride has been setting himself up for the big fall since he started making his incredibly outlandish claims. Furthermore he has dug a hole to china to bury himself in with the public in general by citing that open source software is unconstitutional. This is the first step in his losing ground, I think you'll see him and the company go into a full downhill roll within the next three months. I believe it will end when they hit bottom and SCO is either bankrupt or bought out and Daryl will easily be "The Biggest corporate outcast of the Century*. This guy isn't going to be able to get a job scrubbing toilets by the time he's finished.

    --
    Jay Dale "If you're not living on the edge then you're taking up too much space!"
  89. Grr... by chrisfnet · · Score: 1

    I know this article was copied from somewhere. I don't know where.. but I'll find it, maybe.

    Meanwhile... give me all your money.

  90. All part of the plan by Anonymous Coward · · Score: 0

    I've said it before and I'll say it again. This is all part of the plan. Sure I'm taking this completely out of my butt and I have absolutely no proof, but it's the only thing that makes sense.

    Consider:

    1) Darl McBride is *not* an idiot.
    2) Baystar is *not* full of stupid investors.
    3) SCO (and Unix) are expendible.

    If I were to engage in a lawsuit that I could not possibly win, wouldn't I want to have a contingency plan? If I was investing in a company that could not possibly survive, wouldn't I want to have a contingency plan? If I'm in it for the big bucks, what do I care about SCO, Unix or SCO shareholders?

    My version of events:

    1) Microsoft sees an opportunity to make some ground on Linux. My guess is that McBride actually had the idea and brought it to MS, but you never know.

    2) MS uses it's contacts with Baystar to inject the cash necessary to launch FUD against Linux.

    3) The FUD attack is almost certain to destroy SCO. So, why invest in SCO?

    4) Baystar puts clauses in its contract to be able to extract it's money before SCO goes kablooie. Check in a few months and you will probably see that they will also retain the rights to Unix.

    5) FUD attack is almost certain to destroy SCO. So, why become CEO of SCO?

    6) When Baystar takes it's money back, SCO will die a swift and horrible death. Share holders will very likely sue SCO causing it to bo bankrupt immediately. This will get the board of directors off the hook for any legal problems associated with FUD (never came to trial, never happened).

    7) Most Executives have cashed in stock options already, but not McBride. Look for him to pick up a juicy job at eith MS or an affiliate.

    My point is that in order for the board to avoid legal hassles, SCO *must* die before the case against IBM goes to trial. The Baystar claw-back is just facilitating this. Planned all ahead of time.

    Also look for MS to lobby the US government asking for protection from "free" software. They will cite the SCO case -- the unfair competition lead them to their demise before they could launch their court case.

    The death of SCO is not victory. The war has not even begun!

  91. SAVE THE DARL by Anonymous Coward · · Score: 2, Funny

    The community should come together and petition SCO and BayStar to keep McBride. It took YEARS after Dan Quayle left office for someone this high quality to come along. Let's not let him get away this easy...

  92. Why did BayStar invest in the first place? by OwlWhacker · · Score: 1

    "We think they need to strengthen the senior team to get people with experience and background in the legal issues," McGrath said. If SCO addresses BayStar's concerns, McGrath added, the investor is open to reversing its redemption request.

    Hmm...

    SCO has provided no evidence that it has a case, and doesn't appear to really know what it's doing.

    BayStar obviously doesn't think the senior team is much good, which makes you wonder why it invested in SCO in the first place.

    As BayStar sees the Intellectual Property issue as the only way SCO can survive, why has it taken a gamble, considering that there is no evidence that SCO even has a case?

    Did Microsoft say, "Hey, invest in SCO", and BayStar blindly followed, without even researching SCO's claims?

    SCO spokesman Blake Stowell said the Lindon, Utah-based company wants to resolve the issue but said it's not likely to make the three changes BayStar seeks.

    SCO is blindly continuing as it has done from the start, kicking back and relaxing, just content to believe in its dreams.

    "We think there are limited prospects of that business ever generating growing and significant revenue," McGrath said. "And we believe it is diverting resources from going where they would have the most value--the intellectual property process."

    BayStar seems to be saying that SCO is dying, and this entire case is the only desperate grasp at holding onto life that it has. When you're desperate you'll do anything, which basically makes SCO's entire case a gamble that it can afford to take, seeing that it will lose anyway.

    What did BayStar invest in this for?!

    SCO doesn't expect to drop that effort, Stowell said. "Unix is our core business, and I don't see that changing," he said.

    Outsiders can see that SCO's business is dying, but SCO is blindly pushing onward. Surely this reveals that SCO is ignoring any possibilities that it could fail in any of its attempts, but is carrying on regardless? Who would put anything into this company?

    BayStar also has objected to SCO's vocal nature. Stowell stood by SCO's practices. For example, letters SCO has sent "were designed to educate the marketplace, and we will continue to try to educate the marketplace," he said.

    Again, outsiders can see that SCO is doing no more than shouting out abuse like a little kid who's own foolish self-confidence makes him believe he is invincible. SCO is blind to how others perceive its actions, and how it reveals its weaknesses.

    I wonder why BayStar ever put money into SCO? Nobody else is paying any heed to this case, people and their governments are still planning their moves to Linux and Open Source software.

    If BayStar feels that SCO isn't doing enough to build up its legal case, surely that's admitting that it doesn't feel SCO currently has a good enough case? Why did BayStar take a risk on SCO?

    It makes you wonder what Microsoft has been saying.

  93. Dr. Evil? by SlowMovingTarget · · Score: 2, Funny

    BayStar to SCO: "No, no... Not evil enough..."

  94. Re:Bush administration has a woman fired for a pho by Herschel+Cohen · · Score: 1

    You forgot - this war is over!!! We Won! Bush said so.

    What you are forgetting, is WWI was a "World" war, much larger scale with dumber generals, etc.

  95. This is fantastic by Panoramix · · Score: 2, Insightful
    At least some people still believe in their lawsuits.

    Great! With Baystar withdrawing their money, SCO was instantly bankrupt (RBC would certainly do the same, to avoid investor liability). No warning shot, no nothing, immediate bankruptcy. That would have been the worst outcome of the whole saga, for us, because then IBM, RedHat, and Novell (and perhaps Chrysler and Autozone) would not have the chance to obliterate SCO in court, clearing away the FUD around Linux in the process.

    Now, if Baystar is satisfied with canning Darl and his cronies, and making the new management focus in the lawsuits, and agrees to keep SCO in life support, we stand an excellent chance of watching many wonderful things. Think of...

    • RedHat, and all of us by extension, come out with a declaration, written by a federal judge, that Linux does not infringe anyone's "IP".
    • SysV copyrights are finally declared (publicly) unenforceable, becoming public domain. Not that that code is of much use to Linux developers, of course, but that would make much harder for Microsoft to try this particular trick again in the future.
    • IBM hits Canopy where it really hurts, giving us an excellent thief-head ornament for our porch.
    • Judge Kollar-Kotelly gets interested in the recent declarations of Baystar (regarding how Microsoft "recommended" investing in SCO).
    • The SEC treats us with some jailtime for Darl, Stowell, Bench, et al... Well, one can only hope.

    Naturally, I do not expect all of these to happen, I don't think we are that lucky. But, overall, I think these are great news. Go, Bay Star! Keep your money in SCO, help Microsoft screw the Linux hippies!

    1. Re:This is fantastic by AhBeeDoi · · Score: 2, Insightful
      The SEC treats us with some jailtime for Darl, Stowell, Bench, et al... Well, one can only hope.
      What's with all the imprisonment fantasies? No matter how bogus the SCO lawsuits may be, it is not illegal to file them. No matter how mendacious their public statements may be, they can still make them is a free society (albeit, not without social consequences). SCO has not been accused of financial market manipulation that would draw attention from the SEC.

      Litigation as a business model may be offensive and parasitic but unless it becomes criminalized nobody is going to prison.

    2. Re:This is fantastic by Anonymous Coward · · Score: 0

      Litigation as a business model may be offensive and parasitic but unless it becomes criminalized nobody is going to prison.

      What if it can be proven that they fraudulently demanded money for protection from litigation when they knew that the basis for that litigation was exceedingly dubious?

    3. Re:This is fantastic by Eggplant62 · · Score: 1
      SCO has not been accused of financial market manipulation that would draw attention from the SEC.


      Yet. Wait awhile, it'll all wash out. This has been the *finest* pump & dump ever crafted.
  96. Interesting quote by Kelz · · Score: 1

    "There is no middle ground," Mr. McBride wrote. "The future of the global economy hangs in the balance."

    Which side are you on Darl?

  97. Quick read summary from Motley Fool by HungWeiLo · · Score: 2, Informative
    --
    There are a huge number of yeast infections in this county. Probably because we're downriver from the bread factory.
  98. Donate your liver! by Anonymous Coward · · Score: 0

    Baystar clearly says that they want SCO to concentrate on litigation instead of development.

    They've bought the pig for slaughtering, not for further fattening it, and they are not being coy about that.

  99. Oh come on by shadowcabbit · · Score: 1

    Don't tell me NOBODY got that joke.

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