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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.'"
* 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?
Push Button, Receive Bacon
The reference price of $2.30 was in March *2003*, after the reverse split.
"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....
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.
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.
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.