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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.

20 of 277 comments (clear)

  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 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.
    2. 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); }
  2. 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

  3. 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
  4. 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.

  5. 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.

  6. 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.
  7. 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.
  8. 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... ;-)

  9. 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
  10. 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!

  11. 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"??

  12. 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.

  13. 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
  14. 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!
  15. 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
  16. 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.