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SCO and Baystar Strike a Deal

comforteagle writes "As you'll no doubt recall, SCO financier wanted to cash-in on its stock because of how SCO was being run. It appears they've struck a deal. 'The SCO Group, Inc. today announced it has entered into an agreement with BayStar Capital II LP to repurchase and retire all 40,000 shares of Series A-1 Convertible Preferred Stock currently held by BayStar.'" Summary: Baystar and the Royal Bank of Canada invested $50 million in SCO in October 2003. In 6 1/2 months, they've now converted their investment to $13 million in cash and $13.7 million of common stock, for a loss of almost half their investment.

32 of 336 comments (clear)

  1. Ha ha! by BWJones · · Score: 5, Insightful

    In 6 1/2 months, they've now converted their investment to $13 million in cash and $13.7 million of common stock, for a loss of almost half their investment.

    Nelson: Ha ha!

    Seriously though. This should be a lesson to VC funds and financing operations that finance companies whose business models are built upon legal action and sucking off the hard work and sweat of people who make ideas work through the creation of products that improve our lives. These companies based on litigious action are typically fairly sleazy operations and will not generate any "good will" for the financing operations or companies.

    I personally would much rather support and fund (and yes, even make money from) companies who are out there to make a difference. Work to make something new or make a difference rather than prostituting yourself for mere money and parasitizing off of others hard work and insight.

    --
    Visit Jonesblog and say hello.
    1. Re:Ha ha! by Anonymous Coward · · Score: 3, Insightful

      Hopefully it'll be a lesson to the VC's limited partners too, to watch out for sleezy VC firms. The VC's probably still get handsome fees for managing the fund. It's the investors in BayStar who lost their shirt on this one.

    2. Re:Ha ha! by GPLDAN · · Score: 4, Insightful

      I agree that SHOULD be the lesson. Yet, Baystar reps constantly repeated the mantra that the litigation was not being focused on properly.

      I'm afraid that that the Baystars of the word learn, is to properly evaluate the IP case before funding it. In fact, a whole cottage industry is there for the plucking. Law firms that SPECIALIZE in consulting with investment firms, to determine if the IP case has merit. "Looking to invest in that no name company that has a submarine patent? Hey, talk to us first! We'll let you know if they have any chance of winning! Our lawyers only run $200/hr!"

    3. Re:Ha ha! by rice_burners_suck · · Score: 3, Insightful
      Your comment basically sums up my thoughts on this issue. I am disgusted whenever I read of a company that tries to make money through sleazy litigation.

      I can understand that, from time to time, there are legitimate issues in which companies need to involve the court system. But all too often, it seems like companies are being created based on the premise that corporations have a God-given right to eternal perpetually increasing profits, and that the government has a duty to protect those profits. And it is quite the opposite. Nothing says that any business deserves to exist, let alone make any profit. The only reason that a business should exist is because it is doing something constructive, from which all involved parties will benefit, and perhaps even because it's doing it a little better than the competition. I call this an innovative company. It is a company that didn't begin from the conscious decision to screw anybody over. It began because there was a problem to solve, and it solved it.

      The trouble with sleazebags like SCO is that they do not add anything constructive to the world. They exist because they made a conscious decision to profit by screwing people over. That is not an innovative company.

      I'd like to emphasize that I think there is nothing wrong with companies making profits. On the contrary, I am pleased when I see companies succeeding, because ultimately, that means the people working for those companies are making successful choices.

      But when some garbage company like SCO comes along and decides its sole purpose is to destroy an industry and profit from that destruction, the same way we obtain energy from matter by smashing it up in a nuclear reactor, that makes me mad, because I see how much of the work, blood, sweat, and tears of an entire community is going into the garbage, and how much energy, money, and effort must be wasted in defending against that garbage that could instead be used to advance the world and make it a better place.

      SCO is a garbage company. I hope this mess teaches all other investors not to touch that mass of stinking garbage with a nine foot pole. Because it's not worth it.

      SCO. We're garbage.

    4. Re:Ha ha! by ThisIsFred · · Score: 4, Insightful

      Yeah, Microsoft. Hmm. Stallman's ideas were equally brilliant and changed the computing landscape in a profound way (you can argue good or bad, just like with Microsoft). But Stallman doesn't live in a 68 billion dollar robo-house, so his ideas aren't interesting to the general public.

      --
      Fred

      "A fool and his freedom are soon parted"
      -RMS
    5. Re:Ha ha! by hopethishelps · · Score: 5, Insightful
      i run back to enjoy my commodity hardware...i guess i have to thank windows for that


      Absolutely not.

      The concept of the personal computer was popularized by Apple with the "Apple ][" and Dan Bricklin's spreadsheet, Visicalc. For the open architecture PC, we have to thank IBM and the companies who figured out how to write a legal BIOS: Compaq and Phoenix. IBM later tried to close the architecture by introducing a patented I/O bus, and we have to thank a group of PC makers, led by Compaq, who had the collective balls to stand up to IBM in the marketplace. That's what, and who, gave us the commodity open-architecture PC.

      All this happened before Windows had any significance. Windows had little market share before version 3.0 came out.
    6. Re:Ha ha! by CTachyon · · Score: 4, Insightful

      What about MS DOS?

      Prior to 3.3, MS-DOS was incompatible with itself, much less killer apps. I mean, one of the big new features of 2.0 was *directories*, fercrissake. It's more fair to say that the PC became popular in spite of MS-DOS, rather than because of it.

      --
      Range Voting: preference intensity matters
    7. Re:Ha ha! by Dick+Faze · · Score: 2, Insightful

      Yes, and he borrowed even that idea from the Steel industry around the turn of the century.

  2. some is better than none by lawngnome · · Score: 5, Insightful

    Getting some of their money is better than losing it all when sco gets their ass handed to them.
    Next time I would suggest in doing more research...

  3. This is great by JTMON · · Score: 3, Insightful

    One of the finest examples of real world karma in action..:)

  4. A hole below the waterline by Anonymous Coward · · Score: 4, Insightful

    Even the rats that funded this FUD operation see the handwriting on the wall. Half their cash is better than none....

  5. Look at the bright side by bstadil · · Score: 3, Insightful
    Look at the bright side. Baystar and RBC got shafted as they so richly deserve and there is potential more money to be had by IBM when SCO is ordered to pay legal fees.

    Obviously this requires they case is decided before they are totally broke. A big if, but looking better every day.

    Thirdly we will have a clear wipeout of SCO. If they went bust before the fat lady sings this could still leave some doubt (FUD residue) about the GPL etc.

    --
    Help fight continental drift.
  6. Profit by _Sprocket_ · · Score: 2, Insightful

    I suppose we won't be seeing any Baystar 3 step plans to profit jokes with this story.

  7. Somehow by FS1 · · Score: 5, Insightful

    I would call this poetic justice, but since we all know the money came from microsoft originally. A loss of about 24 million dollars is nothing to them.

    What is really sad here is that people who could do something about activities like this Baystar/SCO/Linux/Microsoft/Sun/IBM/etc debacle don't care.

    --
    A Fatal OE Exception has occurred, Sig will now reboot.
  8. Dump it! by gcaseye6677 · · Score: 2, Insightful

    Baystar had better dump that common stock right away. The price fell more than 7% today alone, and I can't imagine how bad its going to tank on the 10th, when SCO has to announce its earnings (the call got pushed back from tomorrow so they can have time to properly prepare their FUD). This will have to put a serious dent in their legal budget, and combined with the inevitable fall in stock price and decreasing revenues, I think the end for them might be very close.

  9. SCOX: A rant... by Anonymous Coward · · Score: 1, Insightful
    Now can the damn stock please crater?

    At closing today, it's lower than it was a few days ago...yet it's STILL above the $3/share it was a little over a year ago. !?!?!?! Why is that?

  10. Re:Wow by MoonBuggy · · Score: 2, Insightful

    MS have good business sense, that's what put them on the top today. I'd think even they, in their evil ways, know it's a bad idea to take up a suit against IBM that'd already bankrupted SCO, especially when SCO clearly don't have a case.

  11. Re:Actually a little less than half... by cpaluc · · Score: 2, Insightful

    heh, banks don't want your money, they want your debt.

  12. Re:So... by k98sven · · Score: 4, Insightful
    No. It was a $50 million dollar cash investment for new SCO stock.
    That means $50 million cash for SCO, and $50 million worth of SCO's stock.
    (AKA 'Reichsmarks', 'Confederate dollars', )

    Then it turned out that noone else felt that $50 million dollars of this SCO-money was actually worth $50 million. So they wanted their money back.

    They got $13 million. And some stock. The stock doesn't cost SCO anything.

    So SCO gets 50-13 = $37 million out of the deal. Not bad. But, they have totally screwed their reptutation with any potential investors.

    Now given that SCO:

    Is not going to win any of their lawsuits

    Their Unix business is losing money big time, and they have nothing to attract new business with, being generally dispised.

    They have no way of getting more funding from investors.

    They're sinking. Big time. However, Microsoft may very well pitch in to keep them afloat through the lawsuits.

  13. Re:Finally! Some proof that pushing paper alone by Proteus · · Score: 2, Insightful

    The fact that you think investors merely "suck off the hard work" of other people shows how little you (and most people) grasp economics. Without investment capital, many ideas cannot get off the ground; VC firms lose money all the time as they invest in new ideas.

    The upshot of this is that people get the opportunity to try new things even if they can't afford to take the risk personally -- this actually feeds money into the economy, creates jobs, &c.

    --
    We may not imagine how our lives could be more frustrating and complex—but Congress can. – Cullen Hightower
  14. Re:You think it's funny, but actually ... by GigsVT · · Score: 5, Insightful

    It's not screwing anyone. It's a standard hedge. It reduces the holders profit potential, but it lessens risk since it basically locks in the shares at the short price.

    The only way you could ever consider this screwing anyone is when SCO initially issued the convertibles... convertible debentures and convertible preferred and the like dilute the stock, the same as any other stock issue, it's just that convertibles dilute the stock in ways that might be subtle for the beginning investor. (The dilution isn't immediate).

    --
    I've had enough abrasive sigs. Kittens are cute and fuzzy.
  15. SubGenius fodder for sure by Weaselmancer · · Score: 5, Insightful

    You know the joke about the whole SubGenius thing..."If you're so smart, why aren't you rich?"

    Here is a prime example of why we are all SubGenii. We all knew that SCO would tank. We had a golden opportunity to make some serious cash. And you know what? I'll betcha not a single person on all of Slashdot cashed in on these fools. Damn.

    It's not often you have a sure thing in a horse race. And I just missed mine. Double damn.

    Weaselmancer

    --
    Weaselmancer
    rediculous.
    1. Re:SubGenius fodder for sure by Anonymous Coward · · Score: 5, Insightful

      Shorting is a big risk. When you buy a stock your potential losses are limited to your initial investment. When you short a stock your potential losses are unlimited. This is why I did not short SCOX, I was afraid someone like MS would buy them out, and then I'de be screwed. There is no such thing as a sure thing.

    2. Re:SubGenius fodder for sure by wayne606 · · Score: 3, Insightful

      The problem is that most of us think "the company sucks and is worthless, so I will short it". But you're really betting that the average investor, who may be a lot more vulnerable to SCO's evil PR, is going to agree with you in the immediate future. That's a very different thing...

    3. Re:SubGenius fodder for sure by Ruie · · Score: 2, Insightful
      I wonder if Baystar is now in position to pull a short squeeze.

      I.e. they lend others theirs shares to short and buy them up simultaneously.

      Then when the time is up to return the shares Baystar is the only game in town and they sell their shares (which they have 2x or more of) at a profit. The actual shares they are left with are then irrelevant.

    4. Re:SubGenius fodder for sure by Technician · · Score: 2, Insightful

      Didn't have the balls to play on the short side, because I can't tell who all is in that bed...

      That's why I'm not shorting MS stock. They may lose the server market and some desktop market to Linux, but this being in bed with Hollywood with the DRM thing may make them the next living room cable TV subscription box. There are enough people that don't want in bed with MS, it could go either way.

      --
      The truth shall set you free!
  16. Re:Apparently not. by alw53 · · Score: 2, Insightful

    They have a ton of stock to unload and they have to try and prop the price up while they unload it.
    They are limited to 10% of the average daily volume by the terms of the agreement, so it's going to take them awhile.

  17. Re:Just goes to show... by kcbrown · · Score: 2, Insightful
    Now for the REAL question - with evidence that Microsoft was behind the feeding of SCO, will the DoJ find the balls to actually investigate? Perhaps if the SEC launches action against the SCOzos...

    You actually expect any arm of the government to actually do something against Microsoft?

    <snicker>

    And you think that the DoJ's previous behavior is because they lack balls rather than because they're on the take?

    Bwahahahaha!

    --
    Use 'slashdot stuff' in the subject line in any email you send me if you want to get past the spam filter.
  18. Re:Wow by Compuser · · Score: 3, Insightful

    This makes Boies look like a genius.
    1. Take a ridiculously bad case for buttload of money.
    2. Wait until the client runs out of money.
    3. Scram before the case is resolved so there is
    no case loss on your resume.
    4. Duh!

  19. Re:Finally! Some proof that pushing paper alone by Marxist+Hacker+42 · · Score: 3, Insightful

    At one point in my life, before the death of three companies that tried to go public only to get all long term R&D money yanked away in pursuit of the three-month bottom line, I actually played around with being a conservative. It went so far that I voted for Bush in 2000- BIGGEST MISTAKE OF MY LIFE. Within a year I had been pushed out of private industry alltogether- and it was 26 months before I finally landed a job with government. There is no good left in capitalism- it's broken to the point that long term research or even short term breakthroughs have become impossible. And we wonder why the computer revolution has hit a plateau.

    --
    SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
  20. this is basically meaningless by flacco · · Score: 1, Insightful
    surely, microsoft soothed baystar with promises of enough future business to cover their losses.

    remember: this is not a business investment. it's a third-party-funded smear campaign against Free software. there's plenty of money available to keep this going, and to keep all the players happy.

    dance, puppets - dance on your strings.

    --
    pr0n - keeping monitor glass spotless since 1981.
  21. Re:Finally! Some proof that pushing paper alone by dont_think_twice · · Score: 2, Insightful

    I'll give you an example. Two brothers, Bob and Joe, have become very wealthy hockey players. Bob pisses away his money. He buys expensive cars, has statues erected and lives the high life. Many people are employed and jobs are created to provide the expensive items he is buying. However, these items are quickly consumed and there is no lasting benefit to society.

    Joe invests his money in a telecommunications company. Using investor's money the company is able to fund research into high-speed data transfer methods. Money that Joe made from his hockey career is now paying for this research. Jobs are created, total knowledge of society is increased and society (consumers/businesses) receive better products and technology. This is the magic of our free markets.


    Now take a different example: Bob spends his money on expensive cars. The car company takes the money they made off his purchases and invests it in R&D, and develops an entirely new power source, revolutionizing transportation.

    Joe, on the othe hand, invests his money in a telecommunication company that subsequently fails. The technology the company develops is lost and Joe becomes a homeless preacher screaming "God will seek vengance on your souls" to passerbys in Times Square.

    The point? That your examples are meaningless. You simply attributed a positive outcome to the action you endore, and a negative outcome to the action you disagree with.

    The whole idea of a "market" is that, on average, any investment will return approximately the same value. Usually higher risk investments, such as those that VC's engage in, return more, since it is necessary to have a lot of money in the first place to participate in those. But in general, the market itself performs the equalization, making sure that there is not a huge advantage to investing in one area.

    Investing money is only beneficial to society if the end result of the investment benefits society. Is it beneficial to invest in a company that makes nuclear weapons to sells them to terrorists? In that case, I think we would rather that you spend your money on the Ferrari.