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SCO On the Rocks

Netromancer wrote in to alert us to a Businessweek Online article discussing the downward spiral in SCO's fortunes and luck. From the article: "The mouse that roared is barely squeaking these days. A string of recent setbacks raises grave questions about SCO's finances, its court case, and its management."

22 of 255 comments (clear)

  1. well.. by Anonymous Coward · · Score: 3, Interesting

    > Who would have thought that basing a company on litigation,
    > scare tactics, and spreading FUD wouldn't work?

    Microsoft?

  2. uh huh.. by TheHawke · · Score: 2, Interesting

    The question is not as of when will the guillotine fall, it's how high will it be before it does.
    Considering SCO's screwups and legal wranglings, i'd say that the height will be stratospheric and more than a few heads will be in the stocks when it falls.

    --
    First rule of holes; When in one, stop digging.
    1. Re:uh huh.. by InvalidError · · Score: 2, Interesting

      This depends... Enron and Nortel's management had quite a bit of trouble with the SEC and shareholder class-action suits when their suspicious accounting practices and stock manipulations came to light.

      If the court concludes that SCO's IBM lawsuit was only a diversionary tactic meant to float stock prices before management dumped theirs, they will almost certainly get investigated by the SEC and get a class-action case from their shareholders seeking compensation.

      So not all is lost for the loss-making shareholders yet.

  3. The sad thing is by argoff · · Score: 4, Interesting

    ... isn't all the peoples lives who have been interrupted because of the lawsuit, but all the people who bought the propaganda that SCO was enterprise "material" back in the 90's while blowing off Linux.

  4. To the Zealots by bogaboga · · Score: 1, Interesting

    This is to the [Linux] zealots: You must be celebrating this news somehow. Of course you wish for even better news. Remember one thing...after SCO, another will be minted. Also remember that according to Microsoft's Ballmer, there is no significant Linux deployment anywhere on earth. One wonders where those revenues are coming from.

  5. Has anyone managed to short SCO stock? by defile · · Score: 4, Interesting

    I've been trying since they were nearly $20/share but my broker said something about it not being available. Did Wall Street see them as being full of shit, too?

  6. SCO Not only one on the rocks, look here by Anonymous Coward · · Score: 1, Interesting

    Maureen O'Gara, who hitched her wagon for whatever reason to the SCO star, looks to be in all sorts of trouble too by the look of this feedback thread.

  7. Re:Perhaps by Anonymous Coward · · Score: 5, Interesting

    Darl has a history of litigation. He's sued THREE of his employers, has taken legal action against one of his kid's schools, sued 2 financial advisors and one of his wives is involved in 2 lawsuits against neighbours.

    It's a bit like the social situation where generations of families become dependent on welfare, and as it's all they know it's all they continue doing. With Darl, it's litigation.

  8. Re:Everyone knew it would happen.. by defile · · Score: 4, Interesting

    At this point they're probably running company affairs from their yachts, and when it implodes, so what? Won't hurt them at all, and in a year or two they'll be hired on by some other group of corporate leeches and they'll drain another company dry.

    If I were dumb enough to hold SCO stock until the bitter end, I would be pretty embarassed, and litigious.

    Don't the execs face severe legal punishment for this?

  9. Re:Whoa by morleron · · Score: 2, Interesting

    This is a bit off-topic, but your point about the exec who's saving over $1 million a year with Linux is important. Word of mouth, in the IT world as most other places, is the best advertising there is. That's something that MS hasn't figured out about its "Get The Facts" campaign. It isn't working because the people who make decisions about strategic Linux installations/conversions don't generally pay much attention to glitzy ads and websites. Instead, they have lunch with Joe down the street whose company just switched to Linux and is saving X dollars per year. To them, that's much more relevant than any amount of advertising.

    That's also why the SCO suit failed to have much lasting impact on the adoption of Linux. After the initial flood of "the world of Linux is falling" stories, people realized that the SCO move is nothing but a blatant attempt to blackmail IBM and the Linux community for the benefit of MS. Once the facts of the MS involvement in backing SCO financially, combined with the utter lack of factual backing for SCO's claims, became known most people, except perhaps Laura Didio, understand that the whole SCO ploy is a sham and nothing to worry about.

    I hope that the SEC starts looking into the stock manipulations that McBride and company have been pulling. It would be fitting to see all of them follow Martha into imprisonment. It would be even nicer if they ended up in someplace like Marion, in with the general population.

    Just my $.02,
    Ron

    --
    Impeach Barack Obama for violating the Constitutional requirement to be a "natural born" citizen to hold the office of P
  10. I preferred them between a rock and hard place by Anthony+Boyd · · Score: 3, Interesting
    What once looked like a mortal threat to Linux appears to be fading. As a result, the suit has become a nonfactor in corporate buying decisions.

    Yeah, but... but... I want them to flame out in a huge court loss. I want SCO's finances and future prospects to be devastated. I want a clear and definitive signal that Linux is safe and SCO was stupid to butt heads with Open Source.

    This whole "fading" thing sounds like it just leaves too many doors open for other stupid companies to do bad things, because there is no jarring precedent burned into people's minds.

    Thanks to heavy cost-cutting, SCO's core Unix-server-software business is generating an operating profit now and will continue to do so in 2005, he says.

    Translation: "We pretty much fired everyone except for the accountant. After all, who needs developers on staff when the OSS guys work for free? Right?"

  11. Re:Whoa by TokyoBoy · · Score: 5, Interesting

    I used to work as an engineer on the Caldera server and desktop teams. I was part of the many layoffs which reduced the engineering forces there to nothing. It was sas seeing friends go and everyone knew it was only a matter of time before it was their turn.

    However, also being a founding trustee memeber of the Salt Lake Linux Users Group and a Linux and OpenSource advocate for years, I am very grateful that I was able to leave before the name change to SCO and the "direction change" - I would have had to quit anyway.

    I still have a couple friends there. The amazing thing is that I ran into one of them (Walt Hammond) yesterday (Fri. March 4, 2005) at lunch. I was amazed at his comments. The feeling inside the company is very positive! I couldn't beleive it. It seems that (from my stand point) that the co-workers are completely blind to what is really happening. Not only with reguard to what is happening but also related to the morality (or lack thereof IMO) of their actions. He was completely positive saying that (parapharasing) "things looks so good for us right now but if you read the press, you'd think we were a sinking ship" and (again, paraphrasing) "the press says we've had major set backs but if you look, we've been winning".

    I don't know if it's the blind leading the blind or if he really believes what he told me. Of course, being at the director level or above, I'd think you'd have to tote the company line or you wouldn't be around very long at SCO. So, who knows what he really believes.

  12. Re:Whoa by hhlost · · Score: 2, Interesting

    That's a good point. It would be very interesting to see a break-down of what has been tested by this case, and any others. On the other hand, I don't think SCO is a bunch of idiots, as some people tend to believe. I think that if there was anything at all that they could have built a legitimate case on, they would have found it. Also, I'm sure that MS has taken apart Linux and looked at it carefully under a microscope. And SCO's case is the best thing that they could find to encourage/support? Seems like a pretty good test to me, but I really don't know. Thoughts?

  13. Re:Whoa by baomike · · Score: 2, Interesting

    If you spell it correctly it makes a lot more sense:
    Gimme cracked corn and I don't care
    gimme cracked corn and I don't care

    The substance in question is corn whiskey.
    White lignting, moonshine, mountain dew etc ...

  14. FUD in the article by Anonymous Coward · · Score: 5, Interesting

    While short on business, SCO held some potentially powerful copyrights.
    The author treats SCO's ownership claims as gospel, but that has not been established in court. Novell has contested SCO's copyright ownership, a matter which is still in court. IBM has counter-sued SCO for copyright infringement and patent infringement. BSDi settled a suit against former Unix(r) owner USL which established that BSDi owned the major part of the unix(generic) copyrights, while USL held copyright on but a tiny historical remnant of the code base. SCO has a long way to go before they can be said to "hold" valid copyrights to any code that's still in use.

  15. Hard won advice from /.'s MichaelCrawford by MichaelCrawford · · Score: 2, Interesting
    None of the following things guarantee your security, or even your success:

    • Shipping a successful product
    • Raising venture capital
    • A successful IPO
    Learn why in The Valley is a Harsh Mistress at GoingWare's Bag of Programming Tricks.

    -- Mike

    --
    Request your free CD of my piano music.
  16. Re:Everyone knew it would happen.. by defile · · Score: 2, Interesting

    This is out-and-out-fraud.

    Granted, stockholders want to sue for damages whenever their shareholder value goes down, whatever the reason, but this is not a simple case of the market going sour.

    Here's a company with a stable but not so very exciting future ahead.

    Along come some executives who decide to sacrifice the stable future on a gamble and steer the company into a legal battle with highly dubious claims (on the order of a million to one that this will go favorably). They know this, their advisors know this, industry insiders know this, but that still doesn't stop them from hiring the most popular law firm possible, and launch an intensive PR campaign blitz to pretend that this is all legit.

    The blitz momentarily convinces the market that the claim has merit, and before any of the bullshit can get debunked, the executives and the law firm have all cashed their chips and are left playing house and putting on a face to the remaining shareholders while it all goes flaming down the toilet.

    Oh, hey, but David Boies & Family did their due dilligence right? The case had to have merit at some point for them to take it? Otherwise, you know, they could be disbarred!

    Well, that might be believable if they didn't stand to gain from this charade too, the bastards took payment in stock.

    I expect the pending shareholder suit will name Boies

    If this isn't fraud, I'll... just sit here and keep whining on Slashdot.

    Hey! The Republicans probably have a bone to pick with David Boies, what with representing Gore and all in the 2000 election dispute. This SCO thing would be a great way for them to pretend to be punishing Wall Street greed while getting back at an old foe.

    I'll write my Congressman.

  17. I wrote a letter to the article's author by shadow255 · · Score: 5, Interesting
    I'd mod you up, but I thought it might be better to share the letter I just wrote to the author/editor instead. I took exception to the entire paragraph you quoted.

    To: spencer_ante@businessweek.com
    Date: Sat, 5 Mar 2005 12:32:48 -0800
    Subject: Article "A Linux Nemesis on the Rocks"

    I read with interest your article concerning the legal battle waged by the SCO Group against IBM. While your opening paragraph paints with somewhat of a broader brush than is perhaps warranted for the present-day operating systems software landscape, it is further in that I question your grasp of the facts.

    You write, "While short on business, SCO held some potentially powerful copyrights." I think it is either dishonest of you to state this, or you are genuinely unaware that there is substantial doubt over whether the SCO Group actually hold the copyrights they claim to hold. It appears that you are trying to present a balanced report drawing from various sources, so I would encourage you to consider as well the legal actions of SCO with Novell concerning those copyrights.

    In the same paragraph you go on to say, "Partly funded by a hefty Microsoft license payment, SCO leveled a multibillion-dollar suit against IBM, charging that Big Blue had fed SCO-copyrighted software into Linux." You probably should have included Sun Microsystems when mentioning hefty license payments to the SCO Group. It is also putting a lot of water under the bridge to simplify the lawsuit against IBM the way you do here. The SCO Group have been trying very hard in court to claim that it is a case about contracts rather than copyrights, while making statements to the press to the contrary. In combination with the earlier "held some potentially powerful copyrights" line, this is simply misleading for readers unfamiliar with the case.

    "This triggered fear and loathing in the fast-growing Linux community." I feel it is a mischaracterization of the Linux community to make this statement. While there have been some outspoken individuals who support Linux and have made strong statements in opposition to the claims of the SCO Group, the community as a whole neither fears nor hates the SCO Group per se. It would be more accurate to say that this triggered a vigorous response in the Linux community, with many advocates questioning the basis for the claims of the SCO Group.

    "A court win for SCO, Linux fans feared, could bring its growth to a grinding halt." Again, while there have been some who have speculated this, I think it is inappropriate to put it in the context you have chosen. There are, for instance, many Linux advocates who have stated that they want the SCO Group to specify their infringement claims so that the offending code can be removed to end the infringement. The notion that a win for SCO spells the end of Linux is not one that originates within the Linux community, and should certainly not be stated as though it is an accepted fact.

    "And so, SCO became one of the most vilified companies in the technology industry." The SCO Group certainly will not win any popularity contests with advocates of open source software, and there have been a lot of criticisms leveled against them, but stating that they are vilified conveys the notion that it is somehow not justified. I find this sentence to be gratuitous and irrelevant to the article in general. It does not do anything to inform your readers, but rather inspires them to consider the SCO Group somewhat of a victim and the open source community somewhat of a bully. I expect better from a column labeled as "News Analysis".

    It's really rather unfortunate that you started the article with such a poor footing, because the rest of the piece is very good. If not for the overdramatization in the opening and the paragraph I've referenced above, I would recommend your article to friends and associates wanting to know more about the SCO v. IBM lawsuit.

    --

    Logic is a wonderful thing but doesn't always beat actual thought. -Terry Pratchett

  18. To get a ruling by teknomage1 · · Score: 2, Interesting

    Without a ruling, there is no precedent to stop companies in the future trying this same sort of crap. It has to go to trial and a verdict has to be issued to stop this from happening again and wasting more of the court's time. Besides we might not be lucky enough to find another company stupid enough to sue IBM.

    --
    Stop intellectual property from infringing on me
    1. Re:To get a ruling by carl0ski · · Score: 2, Interesting

      Microsoft has pubicly threatened to sue Linux users and advocates if they infringe on their patents. IBM is one of the largest Linux users and advocates. Hell SCo was sueing them on patent infringement related to linux. If Microsoft Windows Longhorn fails to sell well on release, in 2006, whoops meant 2009, 2010. 2022. I forsee they will issue actions against IBM, Will the largest Linux advocates& providers Novell, Redhat, Google, Intel, Sun provide support to IBM? or keep out of it

  19. Forgot one by dbIII · · Score: 2, Interesting

    3.) Pay huge amounts of the companys money to your own brother in the name of legal fees. It looks like IBM and linux was never the real target, it looks like a set up to lose, milk SCO dry and leave with the money and a reputation of trying to take on big blue from a tiny little company with less staff than the average high school.

  20. Re:Whoa by blippy · · Score: 3, Interesting

    Or how about the case of Marconi, in the UK. It was run successfully by Lord Weinstock for years. The company had a large cash balance, but he was ousted by City-friendly management who then went on a high-tech spending spree in the late 90's. And we all know what happened to the tech industry come the turn of the century.

    Result? The whole company gets flushed down the toilet, shareholders loose money, and normal employees loose their jobs. The directors, who's decisions led to this disaster in the first place, walk away with Big Cash Prizes.

    Ugly face of capitalism, or what?