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SCO Possibly Delisted from NASDAQ

canfirman writes "Reuters is reporting that SCO could be delisted from the NASDAQ because "it has not filed its annual 10-K report with the SEC". The company claims it's because "it is examining matters related to stock issued as part of its compensation plans". SCO Stock is sitting at $4.30 at opening today. It'll be interesing to see where it goes from here."

37 of 366 comments (clear)

  1. Summing up the SCO vs IBM trial by robyannetta · · Score: 5, Funny
    Judge (to SCO): Where's your evidence?

    SCO Lawyer: Ladies and gentlemen of this supposed jury, I have one final thing I want you to consider: Ladies and gentlemen, this is Chewbacca. Chewbacca is a Wookiee from the planet Kashyyyk...

    Judge: Wait a minute! I'm not going to let you use the Chewbacca defense. This is a carny-like head game from the television show South Park.

    SCO Lawyer: But Chewbacca lives on the planet Endor. Now, think about that. That does not make sense! Why would a Wookiee--an eight foot tall Wookiee--want to live on Endor with a bunch of two foot tall Ewoks? That does not make sense! But more important, you have to ask yourself, what does this have to do with this case? Nothing. Ladies and gentlemen, it has nothing to do with this case! It does not make sense! "Look at me, I'm a lawyer defending SCO, and I'm talkin' about Chewbacca. Does that make sense? Ladies and gentlemen, I am not making any sense. None of this makes sense! And so you have to remember, when you're in that jury room deliberating and conjugating the Emancipation Proclamation... does it make sense? No! Ladies and gentlemen of this supposed jury, it does not make sense. If Chewbacca lives on Endor, IBM must have stolen our code we GPL'ed and put on our public FTP site. [pulling a monkey out of his pocket] Here, look at the monkey. Look at the silly monkey! [Judge's head explodes]

    --
    - Just my $0.02, take with a grain of salt, your mileage may vary.
  2. NASDAQ Confirms It... by Your+Anus · · Score: 5, Funny

    SCO is dying...

    --

    In the USA, we like stuff watered down, like beer, television, and freedom.
  3. That's what happens... by Jimpqfly · · Score: 5, Funny

    ... when you don't fill your TPS Report.

  4. requirements? by AviLazar · · Score: 4, Interesting

    Since SCO has stocks issued to the public, aren't they required to fill out the proper paperwork? How does one who own SCO stock supposed to sell his stock? Can they do this w/o getting sued by their share holders?

    --

    I mod down so you can mod up. Your welcome.
    1. Re:requirements? by DenDave · · Score: 4, Insightful

      Actually the district attorney will probably end up dragging McBride and his CFO in his office asking what the heck the monkey business is about. After reading above post I expect that McBride will pull a monkey out of his sleeve ..
      Whilst I am not purporting to give legal advice, common sense dictates that if you own SCO stock, you should be on the horn to your lawyer jsut about.... now...

      --
      -if at first you don't succeed, stay the heck away from paragliding.
    2. Re:requirements? by oliana · · Score: 5, Funny

      1999

      --
      In Soviet Russia, asses suck this joke.
    3. Re:requirements? by Anonymous Coward · · Score: 5, Informative
      why would shareholders sue their own business?

      Because the company was mismanaged. Because the executives were negligent in performing their duties.

      Shareholder lawsuits happen all the time. You don't follow business news, do you?

    4. Re:requirements? by BreadMan · · Score: 4, Informative

      Companies that don't do the minimal filings can get trade on the pink sheets market, but that's not very liquid.

      IIRC, I don't think a copy can list on the bulletin board unless they do the necessary filings under the 1934 securities act, like the 10-K and other annual reports. Maybe I'm confusing the bulletin board with something else.

      Getting a delisting notice is not good, but not the end of the world. Having that "E" on the end of your symbol until you get your paper work in will get you dropped out of a lot of mutual funds who won't hold stocks that don't conform to the market's rules. If you want to make a bet on SCOX, you can try going short if you think they won't make the reporting deadline. Peeking at the short ratio, looks like a lot of people are thinking the same.

  5. Up up and away by vivek7006 · · Score: 4, Funny

    SCO Stock is sitting at $4.30 at opening today. It'll be interesing to see where it goes from here.

    It will go up. Where else would it go? Afterall they own linux code. And very soon every linux user will be paying them $699 license fees

  6. It's a trick... by RyanFenton · · Score: 4, Funny

    They just don't want people to be able to watch their stock anymore, so they've made this move to change their stock symbol. Security through obscurity, indeed.

    Ryan Fenton

  7. Another link.. by slashkitty · · Score: 4, Informative
    --
    -- these are only opinions and they might not be mine.
  8. A funny SCO joke... by PortHaven · · Score: 5, Funny

    Knock! Knock!

    Who's there?

    SCO!

    SCO who?

  9. SCOX - SCOXE by ballpoint · · Score: 5, Informative
    --
    Flourescent (adj): smelling like ground wheat.
    1. Re:SCOX - SCOXE by Jerky+McNaughty · · Score: 5, Informative

      E means they are deliquent in SEC filings; usually it's related to earnings (as it is in SCO's case). Other letters used commonly are Q (bankruptcy filings; bad) or Y (trading as depository receipts (ADRs); not bad, for example, ERICY).

  10. Re:Ding Dong! by DataPath · · Score: 4, Funny

    You're getting ahead of yourself. We're still at the part where the which is saying "I'm melting! I'm melting!"

    Only after the witch is well and truly gone do you sing that. In the meantime, we stare in simultaneous horror, awe, and delight.

    --
    Inconceivable!
  11. Re:Gloating? by seanadams.com · · Score: 5, Insightful

    this whole story seems little more than gloating and hardly worthy of a /. post

    This isn't gloating, it's war. We can gloat when the litigious bastards are out of business completely.

    Slashdot is read by zillions of people who can not only sell their SCO, but also advise others to do so. Slashdot is also read by all kinds of mainstream journalists who might not otherwise notice what SCO is up to. One could argue it's been a damned effective campaign so far. Were it not for /. clearing up the FUD, their stock would probably still be flying high on rampant speculation.

  12. I hope they make sure... by macserv · · Score: 5, Funny

    ...to use the new cover sheet on their 10-K report. Did SCO get that memo?

  13. Yeah, interesting's right... by GillBates0 · · Score: 5, Funny

    It'll be interesing to see where it goes from here.

    I predict it'll be going downhill....if there's any downhill left, that is.

    /\ \o/
    \ | <--- Darryl
    \^
    \
    \

    --
    An Indian-American Hindu committed to non-violent thought/speech/action alarmed by the global explosion of radical Islam
  14. They'll appeal by sfjoe · · Score: 4, Interesting


    The rules that lead to being delisted are pretty cut-and-dried. However, a company with a solid business plan to rescue themselves will more often than not be given a break and allowed to remain listed while they work things out. Failing to file your 10-K is almost never an "accident". Add to that the fact that SCO really has no business plan beyond lawsuits and I think we'll likely be seeing them de-listed fairly rapidly.

    --
    It's simple: I demand prosecution for torture.
  15. not really likely to get delisted... by draos · · Score: 5, Informative

    If the nasdaq adds an 'e' to the symbol then SCO will have 30 days to file the 10-k before they are delisted. Also the nasdaq routinely allows companies to extend the 30 day deadline if the company can make a case for why they are late in filing....so while they are likely to get an e I find it unlikely they will allow themselves to be delisted.

    1. Re:not really likely to get delisted... by DrXym · · Score: 5, Informative

      According to the news release, they'll be delisted on February 25 - i.e. one full week from now unless they appeal.

  16. Re:Gloating? by ArmchairGenius · · Score: 5, Interesting

    Not filing your SEC filings is always bad. When it gets so bad NASDAQ delists you, it means that you are about to get sued, and get sued hard. I can pretty much guarantee a Section 10(b) fraud class action gets filed against SCO in the near future. And I also am willing to bet the SEC will start investigating them as well... Good thing they have plenty of lawyers....

  17. Re:Gloating? by gstoddart · · Score: 4, Insightful
    While I'm no fan of SCO, particularly after their get-rich-quick plan to sue IBM and license code-which-may-or-may-not-be in Linux, this whole story seems little more than gloating and hardly worthy of a /. post. Is the news that slow today?


    Well, TFA is a Reuters article pointing out that the SEC is considering de-listing a publically traded company because they are in arrears wrt the paper-work they are required to have on file.

    This publically traded company is involved in lawsuits that affect several companies and technologies.

    It's not as if it's a link to some guys blog -- clearly Reuters thinks it's worth mentioning.

    --
    Lost at C:>. Found at C.
  18. Re:It this the first sign that they are folding by The+Angry+Mick · · Score: 4, Funny
    Problems filing 10-K indicate serious problems in their accounting department.

    Like the slow realization that all of their income was just sent to David Boies and now there's nothing left to pay the temps that put together the filing for the SEC?

    --

    I'm not tense. I'm just terribly, terribly, alert.

  19. If they go down. by DrStrangeLug · · Score: 4, Insightful

    If SCO dies during the trial , where does that leave the whole Linux IP issue ? Not proven ? Wouldn't it be better if they can at least survive until they get totally defeated in court, as a deterrent against other legal attacks ?

    1. Re:If they go down. by Jason+Earl · · Score: 4, Interesting

      Getting buried in a countersuit that completely bankrupts your company without even getting all the way through trial is about the biggest deterrent that I can imagine. The next SCO wannabe will think twice before suing Big Blue. Once SCO is gone the entire question of whether or not Linux is tainted with illegal UNIX code becomes moot. With SCO out of the way the only company that has even a little bit of a shot of using UNIX copyrights against Linux becomes Novell, and Novell has essentially bet the future of the company on Linux.

      It was a stretch for Caldera (now SCO), a long time Linux distributor to pretend that they didn't know that their copyrighted code had been included in Linux. After Novell's involvement in the SCO vs. IBM case even the dimmest jury would find it impossible to believe that Novell didn't intend to distribute Linux under the terms of the GPL.

      In essence, as long as the folks who own and control the old UNIX copyrights are actively distributing Linux the community has very little to fear.

      It would be nice if the GPL was tested in court, if only to shut up all of the GPL naysayers, but that would simply be a bonus.

  20. Same thing happened with Enron stocks by ishmalius · · Score: 4, Interesting

    After Enron crashed, their stocks certificates actually became worth more as souvenirs than any possible redemption value (little or none.)

  21. SCO Website by rokzy · · Score: 4, Interesting

    anyone else notice that under "products and services", SCO lists its court cases?

    very funny and depressing at the same time.

  22. Screw the Lawyers by Doc+Ruby · · Score: 4, Interesting

    SCO's paying their lawyers in stock, which explains their entire strategy: keep the stock price elevated, and cash them in, before they inevitably lose the case and it all collapses. Delisting SCO right away could castrate that strategy, if the lawyers haven't sold any stock yet. Maybe those sharks won't be able to afford to defend themselves from an SEC investigation of that criminal strategy, and get disbarred.

    --

    --
    make install -not war

  23. I predict a scooby doo ending. by RobertKozak · · Score: 5, Funny

    Were it not for /. clearing up the FUD, their stock would probably still be flying high on rampant speculation.

    Darryl : "aaarg. And I would have succeeded if it weren't for those pesky slashdotters and their stupid dog!"

    --
    Bet this .sig looks familiar.
  24. Re:SELL SHORT? by bigtallmofo · · Score: 4, Informative

    Couple points:

    1. Many brokers don't let you short a stock that is below $5.
    2. Delisting a stock decreases liquidity which can make it very difficult to cover your short if the stock rises precipitously.

    Unlike buying a stock which has a limited downside potential (the stock goes to $0 in which case you lose your entire investment), shorting a stock has a theoretically infinite downside potential. If you short a stock at $4.30 and it goes up to $1,000,000 per share, you've lost almost a million dollars for each share you shorted. Of course, that's not realistic, but the point is that shorting a stock is not to be taken lightly.

    --
    I'm a big tall mofo.
  25. We're about to find out the dirt on Darl by Animats · · Score: 5, Informative
    SCO can't file their 10-K because "it is examining matters related to stock issued as part of its compensation plans"? That's one of the lamer excuses sent to the SEC in a while.

    The "10-K" is the backup data behind a company's annual report. It's the single most important disclosure of a company's financial status. The SEC allows 3 months after the close of the fiscal year for a 10-K filing. SCO's year closed at the end of October, and their 10-K was due at the end of January. Late filing of a 10-K or 10-Q (the quarterly report) is considered a major red flag for a stock. When I was following dying dot-coms, a late 10-K or 10-Q was a strong indicator of trouble. Nobody files late because they have unexpectedly good numbers.

    SCO filed an NT-12K form with the SEC, asking for a 15-day extension. "The Company currently anticipates that the Form 10-K will be filed by no later than the fifteenth calendar day following the date on which the Form 10-K was due." They missed that date, too.

    There has to be something really embarassing in the compensation plan. Really embarassing, if they're willing to risk delisting from the NASDAQ.

    Delisting kicks a stock down to the pink sheets. That's where the penny stocks favored by spammers and scammers live.

    1. Re:We're about to find out the dirt on Darl by SoTuA · · Score: 4, Interesting
      Maybe none of the accountants who have to certify the results are willing to sign, now that these "issues" have been uncovered. Perhaps, they are having trouble covering it up and/or gettting someone to certify the results?

      Remember that some months ago there was a "Senior accounting position" open in SCO? And we, in usual /. fashion, speculated that it might be due to inability to find somebody willing to sign his/her name under the mess that was going on?

      Hmmm...

  26. Re:Gloating? by sconeu · · Score: 5, Insightful

    Were it not for /. clearing up the FUD, their stock would probably still be flying high on rampant speculation.

    I suspect that GrokLaw has quite a bit to do with it, too...

    --
    General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  27. Not quite by temojen · · Score: 4, Insightful
    A low or de-listed stock does not spell death for a company. it does mean:
    • It's much harder to raise capital in the future
    • If a majority of shareholders think the company's assets are worth more than the outstanding shares, it'll be liquidated. As long as the majority of shares are held by "true believers" this can't happen.
  28. Further excerpt from the SCO vs IBM trial by abramovs · · Score: 5, Funny

    Judge: Closing Statements.

    SCO Lawyer: Ladies and Gentlemen of the jury, I'm just a caveman. Your world of technology frightens me. I don't understand computers and the devils inside of them that make all those pretty pictures and noises. But the one thing I do know is that SCO owns Linux.

    Jury Foreman: Your honor, we find for SCO and their Caveman Lawyer.

  29. Re:Gloating? by ReelOddeeo · · Score: 4, Informative

    Slashdot only occaisionally has a story about SCO. And when they do, such as the current thread, it is already (very) old news.

    If you want to know what is going on with SCOXE, you need to follow Growlaw every day, and also the SCOX message board at Yahoo.

    This is very worthy of a Slashdot post. These bastards have told huge lies in the media and press. Made the most outrageous claims about Open Source, the GPL (unconstitutional, communists, etc.), created a cloud of FUD about Linux intellectual property, and even a FUD cloud about open source in general. They have engaged in a stock scam to unjustly enrich themselves while doing the previously mentioned things. They have claimed to own rights that they do not own. They have accused everyone who uses Linux (that is me personally) of owing them license money. They have sued Linux users (although not over Linux use per se). They have threatened to sue any Linux user (i.e. me personally). They have produced not one shred of evidence that they own anything in Linux.

    This is not gloating.

    The truth needs to come to light. Anyone found to have engaged in criminal activity should be prosecuted.

    --

    Those who would give up liberty in exchange for security and DRM should switch to Microsoft Palladium!