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SCO Stock Continues Downward Spiral

tobiasly writes "TechNewsWorld reports that three and a half years after SCO saw its stock price increase tenfold to US$20.50 following the filing of its lawsuit against IBM, it closed Tuesday at US$2.28 per share, or two cents less than where it was before the lawsuit. This follows a sustained slide fed by poor earnings results and courthouse reversals which, according to OSDL CEO Stuart Cohen, shows that 'Linux and open source software are bigger than any one company. Linux has won in the courts and is winning in the marketplace.'"

23 of 186 comments (clear)

  1. so where's the SEC investigation? by macadamia_harold · · Score: 4, Interesting

    TechNewsWorld reports that three and a half years after SCO saw its stock price increase tenfold to US$20.50 following the filing of its lawsuit against IBM, it closed Tuesday at US$2.28 per share, or two cents less than where it was before the lawsuit.

    Where's the SEC investigation of the SCO executives? At this point, there's plenty of evidence that this entire IBM lawsuit was a pump-and-dump scheme. What's the deal?

    1. Re:so where's the SEC investigation? by asuffield · · Score: 4, Insightful

      The SEC operates extremely slowly. It could be years before they get around to doing anything.

      Also, they're quite busy and tend to ignore companies that are either small or dying, on the basis that a dying company is a problem which will resolve itself if ignored, and they have more important things to do.

    2. Re:so where's the SEC investigation? by mysidia · · Score: 5, Insightful

      What a poor way for the SEC to handle such situations. The specific problem, if any, is with the management, not the relevant company -- the problem won't correct itself when management join another company after its death, and they may simply repeat the strategy, perhaps more ambitiously, since it paid off the last time... this could just bring down further other companies which were in dire straights before.

      The management does their investors an extreme disservice, with their misguided efforts; surely they could come up with a better way of building a profitable business than relying off-chance that they might be able to kill Linux.

      Surely a company should not invest its future in the outcome of a single lawsuit, if the evidence in the clear evidence available in their favor is lacking, and the theory of how they are likely to successfully argue their case, and whether the likely recovery of damages will outweigh the risk, are doubtful.

      If the management cashed in their millions, perhaps the rest of the time actually pursuing the lawsuit is a thin veil, a farce, specifically and secretly designed to protect the perception of management's legitimacy to regulatory agencies, etc.

      The lawsuit and arguments leading up to it may have been a staged thing, but they couldn't back down without admitting either an act of incompetence, OR an act of manipulating the market for SCO stock.

      Until such time as the SCO management actually produce a credible case, and good solid evidence to back it up, it would seem they perpetuate a farce.

  2. Re:Still have a long way to go by Amazing+Quantum+Man · · Score: 4, Informative

    They did a 1 for 4 reverse split in mid '02, which brought the price up to about 2.30.

    --
    Fascism starts when the efficiency of the government becomes more important than the rights of the people.
  3. Re:Net Worth by ZorbaTHut · · Score: 4, Informative

    A lot of people think this is what SCO wants. "Sue IBM and get lots of money when we're bought out!" IBM, apparently, does not think this is behavior it should encourage, and so it's simply attempting to squash SCO like a bug. I've got no problem with this.

    --
    Breaking Into the Industry - A development log about starting a game studio.
  4. Re:IBM could just buy them out by MoonFog · · Score: 4, Insightful

    And reward the owners and leaders that got them into this mess? IBM should make sure they cannot get off their feet again, not back them up with money.

  5. SCO CEO McBride sold 7000 shares. by macadamia_harold · · Score: 5, Informative

    * Opinder Bawa has one filing for having sold 15,000 shares, and another for 8,000 shares. He would appear to have sold all the shares he possesses (but he still has a lot of options).

    * Robert Bench has three filings: 7000 shares, 5000 shares, and 4100 shares.

    * Jeff Hunsaker sold 5000 shares at the beginning of June.

    * Darl McBride sold 7000 shares just after the suit was filed.


    That's millions of dollars in stock sales. Given that the stock price skyrocketed when they announced the lawsuit, and the executive stock dumping began shortly thereafter, what do you make of this situation?

    1. Re:SCO CEO McBride sold 7000 shares. by syscrash2k · · Score: 4, Funny

      It isn't really 32 bit colour; it's 24 bit colour with 8 bits reserved for an alpha channel. With the alpha channel applied to the 24 bits, it's still 24 bit colour.

  6. Re:IBM could just buy them out by geoff+lane · · Score: 4, Insightful

    No, at this point IBM is being accused of many things by TSG and clearly wants either the accusations to be thrown out by the court or a trial to clear their name.

    Sometimes reputation has to be publically defended.

    Of course, there is the alternative theory, IBM lawyers like to play with their lunch before eating it :-)

  7. Re:IBM could just buy them out by jonwil · · Score: 4, Insightful

    IBM cant buy any SCO stock. If they do, it looks like IBM is "giving in" (i.e. buying them out instead of fighting).

    Plus, thats assuming that they could convince those who hold the levers at SCO to sell up (if the rumors are true and Microsoft etc are the ones who are really behind SCO and the lawsuit, they are going to want to keep fighting to do as much damage to linux as they can)

  8. Re:The end is near... by Anonymous Coward · · Score: 5, Informative

    The reference price of $2.30 was in March *2003*, after the reverse split.

  9. Open Source bigger than Microsoft? Or just SCO? by jkrise · · Score: 5, Interesting

    "It shows that Linux and open source software are bigger than any one company. Linux has won in the courts and is winning in the marketplace. SCO . . . is dead."

    I think the victory is bigger than just the downfall of SCO. This shows that any number of Closed Source companies, working in concert / collusion / tandem... have lost to one single man - Richard Stallman, and his GPL. It is the GPL which has tightened the noose around SCO, completely puncturing the SCO case, since they themselves were offering the 'infringing code' under the GPL. Linux and Linus Torvalds are merely incidental, given the magnitude of the victory we are seeing now... in fact, Linus was hardly involved in the case at all.

    This is not just IBM vs SCO. Let's remember even IBM is not entirely behind Open Source, they have patents and interests in the Closed Source arena as well. In the ordinary world, if IBM wins vs SCO, they would control the entire Linux market, but because of the GPL, the entire Open Source community wins! In fact, this squarely places the spotlight on IBM now, specially since Lenovo is pre-loading Linux. Will IBM abandon their entire Closed Source strategy, and become the Google of the Services segment, in a truly Open Source way? Time will tell...

    Companies like Microsoft, Apple, Adobe, Sun, Oracle etc. are losing. Try hard they may, but they have failed to negatively affect the marketshare and mindshare of Open Source products and the philosophy behind it. The day is not far off when Apple and MS are quoted below $1. On that day, the victory will be complete.

    --
    If you keep throwing chairs, one day you'll break windows....
    1. Re:Open Source bigger than Microsoft? Or just SCO? by zootm · · Score: 5, Insightful

      On an idealistic "free software" note: This is a battle for freedom, not against oppression. The objective is not to kill MS or Apple (that would benefit no-one), it's to get them to accept Free Software, and embrace and produce it themselves. When Free Software surpasses them and if they don't change, they will die, that's just the way it goes. But the idea behind Free Software is not to "kill" anyone, it's just to be better. A genuine victory would be for Free Software to just become "how it's done", and for market leaders to all embrace these techniques.

      Victory is Free Software as the norm, not the killing of other companies. That's a hollow goal.

  10. Time is running out for SCO by Animats · · Score: 5, Informative

    Time is running out for SCO. Check the scheduling order. We're past the stalling of pretrial discovery. We're past wondering if SCO has some surprise evidence. Discovery is over. Now things speed up. Expert reports are coming in now and end on September 22. On September 25, summary judgement motions start, and undoubtedly IBM will make some. Things can only get worse for SCO in the summary judgement phase, where some or all of SCO's case may be thrown out and IBM might win on some of their counterclaims. This whole thing could end in September.

    If not, trial starts in February 2007.

  11. Can stock prices go negative? by ettlz · · Score: 4, Funny

    And if not, can they make an exception for SCO?

    1. Re:Can stock prices go negative? by ZorbaTHut · · Score: 4, Informative

      In theory, the realistic minimum price for a stock is the point at which the stock is worth precisely the company's assets. A company with a net value of 20 million, with 1 million outstanding shares, would therefore have an absolute minimum price of $20/share. (This isn't actually true, but if your stockholders believe your company is worth less than its asset price, perhaps it really is time to just break the company up for scrap.)

      I suppose, if a company's assets were negative - if the company was in major debt - and there was some way to force the shareholders of the company to pay the owed money, then yes, indeed, the stock could and likely would go negative.

      Possibly unfortunately, though, there's no way that can happen - although I personally would be vastly amused if all the SCO stockholders were forced to pay IBM for owning part of such a doomed company, I suppose it would open up an incredible number of legal problems :)

      --
      Breaking Into the Industry - A development log about starting a game studio.
  12. Clearly by Chuck+Chunder · · Score: 4, Funny
    and the executive stock dumping began shortly thereafter, what do you make of this situation?
    SCO executives are such nice people that they decided to share the wealth that would undoubtably follow from their brilliant lawsuit idea with lucky investors?
    --
    Boffoonery - downloadable Comedy Benefit for Bletchley Park
  13. Re:Net Worth by Forge · · Score: 4, Insightful

    It's worse than that.

    The major client my company has which still runs SCO uses it on a server that must be certified by Auditors at enormous cost (It's a bank). The setup they have now has been in place for around 8 years and at the time they got it it cost 1/10 it's closest competitor.

    They have bought replacement software + hardware anyway and are now doing internal validation (before sheling out a few million to the Auditors).

    --
    --= Isn't it surprising how badly I spell ?
  14. Analyst's comment missing by Laura_DilDio · · Score: 4, Interesting

    Where's the Yankee Group? Where's the fathead Laura DiDio? She's been the official SCO Fan-girl from the start. I guess monkey-boy Ballmer didn't command her to make any comments at this time.

  15. Purchase == liability by gvc · · Score: 5, Informative

    If somebody were to purchase the company, they'd acquire its liabilities, too. Pending lawsuits with Novell, IBM, RedHat, AutoZone, as well as many more potential ones. These claims and counterclaims don't just "go away" if the company changes hands.

    Liquidation is the only solution.

  16. Re:A big company crushing a smaller one... by KokorHekkus · · Score: 4, Insightful

    A smaller company sues a larger one. The larger company spends so much on lawyers that it drains the resources of the smaller company, crippling the company until they can't fight any more

    Except that in THIS case it's the smaller company that's been dragging it's feet at EVERY step of the way. So IBM hasn't done "something like this".

  17. Re:A big company crushing a smaller one... by kirun · · Score: 4, Informative

    Yes, it would be such an injustice if SCO were actually forced to prove their case. If SCO's only way of winning is by making sure IBM doesn't have enough time to discover the legitimate source of whatever SCO picks out of a hat, then they don't have a case, and should lose. If there is no legitimate source for the code in question, IBM can't magic one up. The only reason for SCO to stall giving evidence is that they don't have any, gambled on their bluff paying off, and lost. It's a rather twisted idea of a fair trial to insist that just because somebody has less resources, they should be allowed to get away with not having their evidence examined properly.

    --
    I'm scared of numbers that can't be written as a fraction. It's an irrational fear.
  18. Re:A big company crushing a smaller one... by pyrrhonist · · Score: 4, Informative
    You can argue that SCO are stalling, you could also argue that IBM are holding up the trial by demanding evidence up front.

    LOL. That's what you're supposed to do. It's called discovery. You can't file a claim against someone without showing them the evidence you have against them regarding that claim. This enables them to mount a defense. Both SCO and IBM have asked for evidence as part of the discovery process.

    On December 12, 2003, SCO was ordered by Judge Wells, "...to identify and state with specificity the source code(s) that SCO is claiming form the basis of their action against IBM". SCO claimed that they couldn't do this without access to IBM's code, and requested the entire source base to both AIX and Dynix including all versions and changes. SCO's motion was granted by Judge wells.

    On March 18, 2005, IBM delivered to SCO everything they had requested. The 80 GB of code and a server machine to put it on was was delivered on time. SCO, then claimed that this information wasn't enough.

    SCO has been objecting in one way or another to a judge's order for almost three years.

    Who is holding up the trial again?

    --
    Show me on the doll where his noodly appendage touched you.