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SCO Files for Chapter 11 Bankruptcy
Can you say "the SCO, the" in German? writes "Trading of SCO's stock has been halted on news that SCO has filed for Chapter 11 Bankruptcy. This move just so happens to fall on the eve of SCO's trial with Novell. One would think that their prior boasts were mostly bluster, that they believe they have almost no chance of prevailing at trial, and that they're now desperate to protect their executives from SCO's creditors while seeking yet another delay. From the release: 'The SCO Group intends to maintain all normal business operations throughout the bankruptcy proceedings. Subject to court approval, SCO and its subsidiaries will use the cash flow from their consolidated operations to meet their capital needs during the reorganization process. "We want to assure our customers and partners that they can continue to rely on SCO products, support and services for their business critical operations," said Darl McBride, President and CEO, The SCO Group. "Chapter 11 reorganization provides the Company with an opportunity to protect its assets during this time while focusing on building our future plans."'"
I know I'm going to be crying myself to sleep tonight.
And tell the fat lady to start warming up.
It's been a long time coming, but still they had to know this day would arrive. If shareholders weren't really in it for the crapshoot of beating IBM and Novell for $Billion$ they'd have a case against Darl and his lot for running the business into the ground pursuing frivolous lawsuits.
SCO's income from normal opperations must be down to a trickle with Linux and Windows Server vying for most of the market.
Emerge from Chapter 11? I can't see how, unless somehow there was a reversal of court decisions and they're doing nothing to grow their product market.
A feeling of having made the same mistake before: Deja Foobar
I think PJ needs to send the red dress to the cleaners, so it will be ready when she needs it!
General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
Where's my tiny violin?
Good things come to those who wait !
Regards, Destiny
It couldn't happen to better people. SCO has a long history of being run by crooks (the original Doug and Larry Michaels boys were complete crooks, even screwing the original employees when they could), and Daryl and company are cut from the same cloth.
I wish that I could say that this was the last that we've seen of SCO, but I doubt it.
Can you say Schadenfreude in English?
Ding dong the witch is dead!
For those of you who bought SCOX stock in hopes that they would win this case, you had better sell it. In the past 20 minutes, it has dropped from $0.66 to $0.37 cents (and still is dropping). We want to assure our customers and partners that they can continue to rely on SCO products, support and services for their business critical operations. Would you care to list those products, support & services?
According to your market data your net income was a $16.6 million loss. And when your total revenue was under $30 million, you really shouldn't even try to keep operating. Why is this Chapter 11? I guess it's going to come down to one unkillable lawyer with SCO tattooed on his chest. At that point, we'll have to call an exorcist.
My work here is dung.
They haven't fire Darl yet?!
I seem to recall[*] that SCO told the court that there was no need for a constructive trust to protect Novell's money, since they (SCO) were in no danger of bankruptcy.
;-)
Now SCO is facing the exact same judge on Monday morning over the issue of how much money they owe Novell. I predict an interesting day in court
* OK, I was reminded of it by something someone (anonymous, so I can't give credit) said on Groklaw.
They're trying to avoid get dismantled bit-by-bit by the Novell suit. The Chapter 11 reorg will protect them from getting decimated by Novell when they win their countersuit. So even if Novell wins, they don't get to take it out of SCO's hide until and unless the bankruptcy judge says os.
My blog
Does this mean I'll have to change my sig soon?
the tune you've all been waiting to hear.
*drum rolls*
Ding Dong! The Witch is dead. Which old Witch? The Wicked Witch!
Ding Dong! The Wicked Witch is dead.
Wake up - sleepy head, rub your eyes, get out of bed.
Wake up, the Wicked Witch is dead.
Chapter 11 is bankruptcy protection. A company can emerge from chapter 11 (SGI did), but it's usually a preamble to a chapter 7, which means liquidation and game over, pal.
The following is completely uninformative, but I have waited quite a while to post this:
FSCK YEAH! Knew this was going to happen the first moment SCO started claiming Linux. Bite me SCO!
Good times. Bankruptcy, so SCOX stock gets written down as worthless, and I never have to cover.
Don't Fuck With Tux
Free the Quark 3 from asymptotic confinement! Bring your charm! Don't get down! All colours and flavours welcome!
Aside from the lawyers for whom SCO is a source of billable hours, who relies on SCO for any products, support, or services? Are these the same folks looking to George W. for stategic planning? The masses going to Michael Vick for pet care tips? OJ for public relations?
read about the Chapter 11 filing here:
...and put a *wee* bit more pressure on their dwindling bankroll. ;)
http://ir.sco.com/releasedetail.cfm?ReleaseID=264124
even if SCO emerges from Chp 11 with a nice updated product line, they've already lost their credibility, good will, and confidence of customers. Who wants to buy anything from a company who might ending up suing you for no particular reason?
There are tons of good Unix and Linux distributors out there... no reason to choose SCO anymore.
You want free and good? Linux and BSD. You want enterprise level? IBM and Sun. You want Windows-based? Dell and HP. You wanna convert your entire revenue stream into attorney fees billed at $400/hr? Take SCO.
Why does this remind me of the little sister who smacks her big brother then immediately crys "mommy, he's picking on me" when he pushes her back?
We scrapped all our remaining SCO stuff and completed converting to Linux. There will be no tears here when SCO is dead and buried.
~~~~~~~
"You are not remembered for doing what is expected of you." - Atul Chitnis
We want to assure our customers and partners that they can continue to rely on SCO products, support and services for their business critical operations
I'm sure both customers are greatly comforted by those kind words of encouragement.
I imagine more of the low level workers must have to drink themselves to sleep at night.. and I bet they're having an epidemic of office supply theft right about now =]
The original SCO, the Santa Cruz Operation, made some good software. We had several servers running it many years ago, along with a few with re-branded "Dell Unix." It's a shame that the original company will be forgotten because of this current abomination.
SCO = Someone Cashed Out
Windows 3.1x calc: 3.11 - 3.10 = 0.00
Hmm, can /. finally get rid of that Caldera logo? Maybe the articles that are only in that category can be archived somewhere. Now what would be a good spot? Me thinks /dev/null will do fine -.-'
should be translated as "Die Strittigen Bastarde"
1) I guess I was the only one who sent my $699 for my copy of Kubuntu.
2) They can sell their furniture to Microsoft -- I hear they could always use more chairs.
3) Two words, guys -- "bake sale"
I'm just glad these extortion deals about copyrights and patents are sorted out -- I mean after this, nobody's going to strongarm linux distros into signing patent protection agreements...ever...right? Um...right?
Incidentally, where are the folks from Yankee Group (Laura Didio, etc) who were so damn sure SCO was right? Wonder if their credibility has been appropriately damaged in all of this.
And here it is, in their own word. SCOX is now trading at $.37, down from an open of $.65. Geez, and the whole thing seemed like such a good idea almost five years ago.
From the point of view of SCO's execs, this has been a pump-and-dump scheme: they filed the IBM (and Novell) lawsuits, got the stock to soar on the hype and in the years since have been quietly selling their stock. But there are others with a stake here (remember all the cash infusions MS arranged?), who probably want the lawsuits to continue. I wonder what the judge thinks now about Novell's motion for a constructive trust?
Is Novell going to have an even stronger case against them since they never said once anything about bankruptcy? Beyond the judge having to make some calls on monday due to this, does this get SCO off the hook? (I'd hope not)
Title: "SCO Files for Chapter 11 Bankruptcy" Quote from SCO CEO: "We want to assure our customers and partners that they can continue to rely on SCO products, support and services for their business critical operations." Have I missed something?
Now he's available for the Head of FEMA position.
Note too that the stock plummeted by nearly half at the tail end of today's trading day owing to the news, and at last report it is at thirty seven cents.
This sig no verb.
Emerald City, Oz. - It was announced today that Darl McBride, President and CEO, The SCO Group has conceded his defeat regarding the Copyright Infringement case against IBM a few years ago and will file for Chapter 11 protection. Mr. McBride was quoted as saying "Chapter 11 reorganization provides the Company with an opportunity to protect its assets during this time while focusing on building our future plans."
... ah.. whatever it is you reporters do.."
When asked about these future plans, Mr. McBride announced his intention to sue every single internet user, based on the fact that the Internet became as popular as it did due to traffic running on products that were based on SCO intellectual property. "I personally was the creator of these tubes and filed for a patent back in 1956". Mr. McBride became irritated when this reporter informed him that the Internet did not in fact run through tubes, rather through optical lines and copper cables. "Where have you been? You must have missed my good friend Ted Stevens describing how the internet was a series of Tubes, just stick to what you know, which is
Reporting live from Emerald City, this is T. Bert signing off.
...it would more properly (and politely) be said:
;-)
"Don't Mess With Tuxes"
(sorry, couldn't resist... and yes, I am in the Lone Star State
When SCO goes into insolvency and eventually gets liquidated - what happens to the operating systems they've developed.
:) - Dr.
Ideally they could do something to suprise us all and release everything under a BSD or MIT style license (or even public domain), but presuming no executive there is sane enough to do that... what will they do?
I know it's just speculation, but it'd be nice to have another real UNIX derivative open up to the community along the same lines as Solaris and (I know it's not UNIX and not really open source) QNX.
Just my two pence
For those that don't get the reference to "the SCO, the" in German, it comes from Episode 9F22 "Cape Feare" of the Simpsons.
Sideshow Bob is applying for parole claiming that he wouldn't pose a danger to Bart:
Lawyer: "Don't you have a tattoo that says 'die, Bart, die' on your chest?"
Sideshow Bob: "No! That's German. It means 'the Bart, the'".
Parole Officer 1: "No one who speaks German could be an evil man!"
Parole Officer 2: "Parole granted!"
"There is no knowledge that is not power"
I appreciate the 'Funny' mods for my snarky comment, but seriously, does this company have any customers left?
I guess you have MS using SCO as a proxy for fighting Linux, but other than that?
They had the choice of going into chapter 11 now or being forced into chapter 7 next week. The advantage to them of chapter 11 is that the management team stays intact. I'm not sure how much good this will do them though. It's a pretty transparent move and the judge in the IBM and Novell cases has indicated that he is fed up with them.
...
My guess is that he will grant Novell's request for a constructive trust on Monday or Tuesday. That basically means that Novell owns all the money that SCO has. Bankruptcy doesn't protect against a constructive trust. It isn't money that SCO owes to Novell, it is actually Novell's money that SCO is holding for them. It's like you lent your friend your car for a day and he went bankrupt. It's your car and the bankruptcy trustee can't touch it. Anyway, the moment the constructive trust is granted, Novell will sue SCO into chapter 7. The trustee will then kick Darl and co. out the door and change the locks.
How much time has this little trick bought SCO. Not much I'll bet. Oh yes; just going into bankruptcy doesn't stop the court cases although we may or may not see some delay. Monday's trial may turn into a hearing about the constructive trust.
This whole thing will be over when the bankruptcy trustee settles with IBM and Novell on whatever terms they dictate. Then the judge will slap sanctions on SCO's lawyers and the SEC will finally step in to investigate a possible pump and dump stock fraud and Darl has to worry about Lanham act violations and
The press release http://ir.sco.com/releasedetail.cfm?ReleaseID=264124 says:
"SCO owns the core UNIX operating system, originally developed by AT&T/Bell Labs and is the exclusive licensor to UNIX-based system software providers."
Those SCO guys are a real pantload! Hahahahah
"The Chapter 11 reorg will protect them from getting decimated by Novell when they win their countersuit"
"Decimated" means destroying 1 in 10. IIRC, if a unit in the Roman Legion was cowardly|treasonous|bad, they counted off by 10's, a number was picked, and whoever had that number was beaten to death by the otehr 9 "luck ones".
I don't think Novell or IBM want SCO "decimated". I think "obliterated" is more appropriate.
"As God is my witness, I thought turkeys could fly." A. Carlson
"The SCO Group intends to maintain all normal business operations throughout the bankruptcy proceedings. Subject to court approval, SCO and its subsidiaries will use the cash flow from their consolidated operations to meet their capital needs during the reorganization process."
I haven't heard of anyone running SCO since the early 90's. Does reorganization mean "moving our stuff out of the building"?
YES! YES! YES!
"We want to assure our customers and partners that they can continue to rely on SCO products, support and services for their business critical operations," said Darl McBride, President and CEO, The SCO Group.
Anyone still running on SCOs stuff is, I'm sorry... either a moron or so deep in legacy systems that they need a snorkle. This isn't a sudden turn of events. So just who is Darl trying to reassure? The people who have migrated away from SCO? Or the people who can't?
I'll believe in corporations having personhood when Texas executes one... - advocate_one
Ah, OK. Thank you for the insight. If I had mod zorch, I'd +1 informative you. =)
This sig no verb.
to use the tag so often used inappropriately.
"haha"
The price is always right if someone else is paying.
Lacking <sarcasm> tags,
While it is nice to see that SCO is likely going under after all the crap Darl & Co. have pulled, it is likely that the corporate executives have already pocketed millions while letting the computer crash under the weight of their bogus lawsuit. Hopefully criminal fraud charges can be brought against the SCO execs, but I'm not holding my breath.
"You spoony bard!" -Tellah
That in their press release, they say "SCO owns the core UNIX operating system..." ? Maybe they missed what happened in August? Link to the article on Groklaw
The press release contained some typos. It should have read:
You know how these commercial software operations like to hype things.
DMCA, Hollings, Palladium. What might have sounded like paranoia is now common sense.
"and that they're now desperate to protect their executives from SCO's creditors while seeking yet another delay"
Executives have no risk from creditors unless criminal conduct can be shown, or it can be shown that SCO did not operate as a corporation. It is very rare for these conditions to occur. The only thing Darl and his buddies are at risk for is unemployment.
The main reason to form a corporation is to protect the owners and principals of the corporation from personal liability. This is why you see phrases like 'Limited Liability Corporation'.
Let this be a lesson to Microsoft and all other technologies companies looking to use the legal system to unfairly bully and intimidate the true innovators of the industry.
We make technology, not lawsuits.
And in unrelated news, SCO has filed to trademark any portrayal of water swirling around in a toilet bowl, as that is their new corporate logo.
... because for the grief that SCO caused the pressure brought out the best in the Linux supporting community and made some of us (well me, anyway) sit up and think about the freedom of software.
...
It's interesting how this case is coming to a successful conclusion just as GPLv3 is starting to cause even more waves (e.g. Stallman's comments on Linux and Linus (http://slashdot.org/article.pl?sid=07/09/12/1227220)).
Personally I think we need to keep being vigilant in protecting free and open software and maybe start to go after those who might destroy that ideal.
Props to Groklaw (for everything), Stallman (for the ideology), SCO (for a very long laugh), Maureen O'Gara (for getting her just desserts), Microsoft (for helping me to identify which companies I should avoid - I.e. anyone they partner with), and Mindjet (for p***ing me off so much that I'm switching to Freemind).
OK - the last two are just because ribbons have screwed my world
Made some decent returns doing that over the last few years...
Good judgement comes from experience, and experience comes from bad judgement.
- W. Wriston, former Citibank CEO
"assure our customers and partners that they can continue to rely on SCO products, support and services for their business critical operations"
... partner and customers.
...
if they had a PR department they would list those
can u say "chain reaction", prolly not.
maybe somebody can but in a wikipedia entry for "how to get rich dumb".
p.s. creditors, start asking for code, instead of owned money? save what u can
But since I work for IBM, I think I can be forgiven for gloating!
If I was deep this is would be profound, if smart then wise, if a poet then verse. Here it is, you judge!
"G2 Computer Intelligence" is listed as a debtor by SCOX in their filings, so now we know she's the paided little whore we always suspected her to be.
That's right Maureen, you're fucking out of the fucking closet.
The look on Darl's face in the Wired article is simply priceless. Definitely the face of someone who has been beaten time and time again...
http://blog.wired.com/27bstroke6/2007/09/battered-sco-fi.html
I've grown accustomed to your faaaaaace
Bankruptcy judges and trustees have carte blanche to deal with creditors, and limit the effects of ongoing litigation. On Monday, everything changes in front of Judge Kimball, who will put the suit into stasis, and give at least a 60 day cooling off period to everything.
It might turn into a Chapter 7 filing afterwards, and SCO might be forced to liquidate. This is unlikely, however. In the interim, they'll try to convince a judge or referee that they have IP assets that need protecting, along with their agreements with various companies, and will produce a lot of smoke in their quest to simply survive.
Much attorneys fees will be spent by many companies. Much continued incivility and plain poo will continue to be the hallmark of SCO's perhaps brief existence. Like others, they don't quit until they're just dead. Don't look for much come-uppance. This ends badly, just as it began badly.
---- Teach Peace. It's Cheaper Than War.
...und schliesslich ist die SCOhexe tot.
rj
That was easy.
Seriously, no need to translate. Schadenfreude crossed from German to English.
Except for ending slavery, the Nazis, communism, & securing American independence, war has never solved anything.
It is not about how many stock options you have, it's about how much copper you can pull out of the walls on the way out.
HaHa.
OSGGFG - Open Source Gamers Guide to Free Games
This sure looks like the beginning of the end-game scenerio for SCO. It will have zero effect on the Novell claims, since they are "equitable" and basically just amount to an embezzelment/conversion charge, not a "debt". It's a return of improperly held property, so bankruptcy doesn't provide any cover there. Actually, it may make it easier for Novell in a couple of weeks to force it into a Chapter 7 liquidation proceeding instead, since the case will already be in the Bankruptcy Courts. They are SO toast now.
Wasn't there some German article that appeared on Slashdot some years ago, about how some German judge crushed the puny SCO ant under his thumb after SCO tried to ... I forget what they tried, but the German judge laughed them out of court. The German article was linked in Slashdot, and quite a few slashdotters were rather appreciative of the first three words of the article. (It began, "SCO, the company that ... [whatever]", but I guess in German, even proper nouns are preceded by the article, so it literally said, "The SCO, the company that ...")
404555974007725459910684486621289147856453481154 in hex is "You sank my Battleship?"
[GPG key in journal]
The bankruptcy is unlikely to end the lawsuits (though it may put them on hold for a bit). SCO and its execs and owners are likely still in big, big trouble. Frankly, I wouldn't take SCO as a gift at this point.
:)
On the other hand, the trademark might be interesting. I imagine that with all the ill-will SCO has garnered over the last few years, the value of the trademark is pretty minimal at this point, so the bankruptcy admininstrators might be willing to let it go for a song, and that would be a pretty entertaining thing to own. Though I suspect it would be risky to try to use it for its intended purpose.
(Props to Avery Brooks)
Understanding the scope of the problem is the first step on the path to true panic.
Ding dong the witch is dead!
"Bitch" is correctly spelled "B-I-T-C-H".
No, proper nouns are not written with an article in German. It's simply "SCO".
Want to hear the voice of GOD? cat
is when will we see Darl McBride being arrested.
It's not possible to present so much false information about SCO and the IBM lawsuit so publicly and so vocally with the obvious intent to defraud investors and to damage the business of its competitors and not break any law.
Better yet, I would love to see some DA offering him to rat his friends and supporters in exchange for gentler punishment.
Sad as it seems, I predict he will land a very nicely paid job at Microsoft or, more discretely, some of its puppets just as happened to Rick Belluzzo.
Redmond knows how to reward its allies.
http://www.dieblinkenlights.com
Hello Darl! It was a hard day, wasn't it?
Want to hear the voice of GOD? cat
While reading SCO's Ch11 woes, use even a bit more of their bandwidth.
Just for fun, click on the links to:
Print page,
Email page, and
Download PDF.
Looking at space, radio, science and computing from a 'down-under' amateur enthusiast perspective.
SCO sometimes reminds me of a certain song... many of you may already know it. For those that don't...
(shamelessly ripped off from The Dead Milkmen's "Stuart", from the album "Beelzebubba".)
You know what, Laura DiDio? I LIKE YOU! You're not like the other people, here, in the Lindon trailer park! Oh, nonono, don't go get me wrong. They're fine people, they're good Americans. But they're content to sit back, fire up their Windows XP boxes and surf a little Internet on AOL, maybe chat a little on MSN. They're good, fine people, Stuart. But they don't know ... what the penguins are doing to our code!
[...]
You know that Johnny Werzner kid - the kid who ports apps in the neighborhood? He's a fine kid. Some of the neighbors say he smokes crack, but I don't believe it. Anyway, for his 10th birthday, all he wanted was a Sourceforge page. "Dad, get me a Sourceforge account. I'll never ask for anything else as long as I live". So the guy breaks down and set him up with a Sourceforge page.
Anyway, 10:30, the other night, I go over next door, and there's the Werzner kid, looking up something on the 'net. I say, "What are you looking for?" He says "I'm looking for the source code to add to this new app."
I said, "Jumping Jesus on a Pogo Stick! Everybody knows the source code is proprietary! Under NDA! In a vault! Why the hell do you think they call it 'source code' anyway!?"
Now Laura, do you think a kid like that is going to know what the penguins are doing to the code!? I first became aware of this about ten years ago, the summer my oldest boy, Darl Jr. died. You know that trade show comes into town every year? Well this year IBM came through with a Demo called The Parser. The man said, "Keep your links, and dependencies, inside The Parser at all times!" But not Darl Jr - he was a DAAAREDEVIL, just like his old man! He was banging out code, saying "Hey everybody, Look at me! Look at me!" POW! He was decapitated! They found his head over by the Microsoft .NET concession!
A few days after that, I open up the mail - and there's a pamphlet in there - from Pueblo, Colorado ! And it's addressed to Darl Jr. And it's entitled: "Do you know what the penguins are doing to our code!?"
Now, Laura! If you look at the soil around any large US city where there's a large underground kernel hacker population. Portland, Oregon - perfect example. Look at the soil around Portland, Stuart... You can't build on it; you can't grow anything in it. The government says it's due to poor farming. But I know what's really going on, Laura. I know it's the penguins! They're in it with the aliens! They're building landing strips for code-stealing Martians! I swear to God!
You know what, Laura DiDio? I like you! You're not like the other people, here in the Lindon trailer park...
Quo usque tandem abutere, Nimbus, patientia nostra?
While this outcome was inevitable and just effect; what's sad about it is the Santa Cruz Operation was originally a pretty cool company that made a pretty cool UNIX -- one of the first that ran and ran really well on a PC with a lot of feature 'firsts'. It's unfortunate that a more functional and collaborative approach to UNIX and just doing business wasn't taken by SCO's new owners... It's hard to feature why more UNIX Developers and Partners don't work together to standardize UNIX and with it Linux, and in turn to better distinguish their products. This wouldn't just be healthier, better business practice; it's a lot more FUN for all involved. I can't imagine someone like Darl McBride or any of his legal cronies go to work anticipating a fun filled day of innovation, value creation or excitement about the what they're helping sustain and foster...
Dear SCO,
Please don't let the door hit you on the ass on your way out.
Because I don't want ass-prints all over my new door!
Sincerely,
Unix
how is /. going to fill it's pages? That would also make my copy of SCO software much more valuable.
There was an unknown error in the submission.
Just as long as "Uranium" isn't copyrighted.
let's try this:
"We want to assure our customers and partners that they can continue to rely on SCO products, support and services for their business critical operations," said Darl McBride, President and CEO, The SCO Group. "Chapter 11 reorganization provides the Company with an opportunity to protect its assets during this time while focusing on building our future plans."'"
Hold on a second.. future plans? Dude dude, you have no plans, you never did. You came in with the thought to make a quick buck, to flip the company and jump with your golden parachute, and it fell to pieces because you decided on fighting the tide with your sword, that tide being the future itself.
Do not cry for Darl, for his ruin is of his own making, and may whatever gods he holds dear take pity upon his soul, for noone else shall.
Karma Whoring for Fun and Profit.
About SCO
The SCO Group (Nasdaq: SCOX - News) is a leading provider of UNIX software technology and mobile services. SCO offers UnixWare for enterprise applications and SCO OpenServer for small to medium businesses. The SCO Mobile product line focuses on creating mobile platforms, services and solutions for businesses and enhances the productivity of mobile workers. SCO's highly innovative and reliable solutions help customers grow their businesses everyday, especially into the emerging mobile market. SCO owns the core UNIX operating system, originally developed by AT&T/Bell Labs and is the exclusive licensor to Unix-based system software providers.
Headquartered in Lindon, Utah, SCO has a worldwide network of thousands of resellers and developers. SCO Global Services provides reliable localized support and services to partners and customers. For more information on SCO products and services, visit http://www.sco.com./
SCO and the associated logos are trademarks or registered trademarks of The SCO Group, Inc. in the U.S. and other countries. UNIX is a registered trademark of The Open Group.
Source: SCO Group, Inc.
HAHA ... Someone's in denial!
I guess this means they need to start selling their assets like all those 'patents' and copyrights they have.. maybe IBM or novel should buy them and release them into the public domain to finally put to bed this ugly beast.
Only 'flamers' flame!
Does slashdot hate my posts?
Check this link out. All of the Rats are jumping off the ship to the tune several 10's of thousand of shares. You've got to love it.
http://www.marketwatch.com/tools/quotes/intchart.asp?symb=SCOX&time=1&freq=9&comp=&compidx=aaaaa~0&compind=&uf=0&ma=&maval=&lf=1&lf2=&lf3=&type=2&size=1&txtstyle=&style=&submitted=true&intflavor=basic&origurl=%2Ftools%2Fquotes%2Fintchart.asp
der/die/das SCO, der/die/das ?
You know, in german, we have three articles instead of just one
(of course i get what the submitter means, it's just not as good a joke as he/she/it might think... at least from the perspective of a german native speaker
Chapter 11 reorganization provides the Company with an opportunity to protect its assets during this time while focusing on building our future plans
Like maybe updating UnixWare? No major releases since 2004. No new enterprise apps released for it. Out dated userland tools. X11R5 (no R6, forget X.org. Yes you can run X11R6 via Linux emulation--the laughs never stop). Imagine millions poured into UnixWare instead of litigation.
CDE open sourced! https://sourceforge.net/projects/cdesktopenv/
...the witch is dead
I probably said it before, but.... if not... Hey Darl, Suck My Dick!
"Look you stupid bastard, you've got no arms left"
"Yes I have"
"Look!"
"It's just a flesh wound"
From Yahoo: http://finance.yahoo.com/q/bc?s=SCOX&t=1d I'm sure it was a nice ride for Darl: http://finance.yahoo.com/q/bc?s=SCOX&t=5y&l=on&z=m&q=l&c=
Excuse me, but please get off my Pennisetum Clandestinum, eh!
Even if SCO loses for good, there is Novell. While it's great that Novell will get the rights to Unix, in the meantime, Microsoft has a vested interest with the company. There may be a day when Microsoft will just buy out/absorb Novell, and MS will own the Unix rights. And MS being a company with really deep pockets and ever more resources, may actually pull off lawsuits ala RIAA against any Unix/Linux user. MS funded SCO indirectly to "help" with the lawsuit. It seems that MS knew SCO was going to lose. Thus, a partnership with Novell with a sweet deal it could not refuse was made. MS does not lose here. MS wins either way. I don't believe this is over by a long shot.
"Happily lived Mankind in the peaceful Valley of Ignorance." -- Hendrik Willem Van Loon
This is not QUITE unpossible. The burglar IS bankrupt. Morally bankrupt, that is...
Previously: "Linux... Toward the Sunrise..." Now: "Linux... Toward the-- No, now, part of Every Sunrise"
Hello, this is your captain speaking.
For those of you on the left side of the plane, please disregard the flames coming out of the engine. This only a slight malfunction and in no way presents any real danger to people in Tahiti. We have plenty of power to compensate for the engine that just fell off, as those of you on the right side may have just noticed. I assure you that this is still, in fact, a plane, and that it is currently in the air, so technically we are still flying. Furthermore, I want to assure all of you that we will continue to fly until we reach the ground, and I guarantee that all of you will reach the ground. So, technically, there is no problem at all folks. No problem at all. Everything is fine. Just fine.
Again, my name is Darl McBride, and thank you for flying SCO.
http://uncyclopedia.org/wiki/User:Steve_Ballmer
What is really too bad here is that IBM and Novel will not be compensated for what this frivolous law suit has cost them. It is really too bad that the personal assets of the management of SCOX cannot be taken.
Then, it is really too bad they can't be tossed in jail as well.
Wonder why they allowed the stock to trade today at all. Seems very funny to me.
We know we're about to get sued up the wazzoo for all our fact-free claims from the last 4 years, and we just wanted to take a moment to tell you future litigators that our money is now behind closed doors, so bugger off, suckers!
Hyperic Community Manager
They are literally filing for bankruptcy and assuring their customers that they are fine and can rely on them at the same time... AT THE SAME TIME!
That's what Chapter 11 bankruptcy is all about. It allows you to reorganize your business and liabilities so you can stay in business.
FalconShould there be a Law?
Used to be that 1F was a beast of a thing but now they sell 'em in the motor shops to beef up your bass when the wiring can't deliver
100A on peaks
500 of them is heavy, but not THAT heavy - seriously, go take a look at your local auto hi-fi store
For something lighter:
http://www.referenceaudiomods.com/Merchant2/merchant.mvc?Screen=PROD&Store_Code=RAM&Product_Code=ELNA_1F
That allegedly weighs just 0.02 pounds, so 500 of them is 10lbs the lot.
By Daniel Lyons, 06.18.03, 12:00 PM ET
[ ... ]
In other words, like many religious folk, the Linux-loving crunchies in the open-source movement are a) convinced of their own righteousness, and b) sure the whole world, including judges, will agree.
They should wake up. SCO may not be very good at making a profit by selling software. But it is very good at getting what it wants from other companies. And it has a tight circle of friends.
[ ... ]
MOD THE CHILD UP!
OH MY GOD
The whole SCO thing has been a disaster. What most people don't seem to realize is that SCO weren't playing to win lawsuits. They were playing to spread FUD, taking money from M$ to make people think twice about using Linux. They've had five years of hoodwinking people. Just think how much damage they've done to IBM with their BS - millions of dollars in legal fees etc, and all the time trying to make people think that using Linux was putting their business at risk of being sued. They've done their job, and I reckon they'll be reborn in some new fashion to continue.
Which ones - Sahara? Atacama?
If anyone wants a laugh, check this out: Google Finance: SCOX. I laugh, point at SCOX, and slap my knee.
I note that both Reuters and Google finance have this summary of what SCO does. In light of their losing their case, when is SCO going to revise this summary?
Try:
SCO Potato Chips, comes in douche flavor, instead of just salt and vinegar.
SCO the newest Windows' Vista Reseller.
SCO retailers: Going to Vietnam to compete with Wall*Mart.
SCO Foods: Made with cyclamates, triglycerides and all the hydrogenated denatured vegetable oils you crave.
SCO Soap: Made with extra lubricating oils and gentle soothing lotions. Suppliers to the US Penal System since we found out what we could expect.
SCO Coffee: 'Crap'pucino, Made from what Starbuck's threw away.
SCO Greeting Cards: Made specially for mothers' in law and other people you don't really care about.
SCO Theme Park. Its like "Six Flags" without the rides or any of the fun. Basically, think of the lousiest fair run by the most crooked grifters on the most run down equipment, showing the worst flea-bitten, urine-smelling animals (Gerty The Wonder Rat!) and down-on-their-luck geeks (we're talking REAL geeks, Glauman geeks here,) that its ever been your displeasure to encounter outside of their tent. That's the SCO Theme Park.
MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
... is also on the list of creditors!
The SCO strategy has always been to spew FUD and delay the actual trial. Bankruptcy is just one more step in the delay strategy.
Just like the USA's goal in Iraq is not to foment democracy there (the goal is to establish more military bases in the heart of the middle east so we can protect our oil that just happens to be underneath their desert), SCO's goal has never been to actually win the court case. SCO's strategy has always been to spew anti-linux FUD on behalf of Microsoft for as long as possible. Declaring bankruptcy was probably in the plan all along.
Poor Novell -- their case to determine exactly how much SCO owes them is now stalled.
I'm not sure what that means.
A poster on InvestorVillage.com (atul66) makes a good point:
The BK filing alerts us to the existence of another entity, "SCO Operations, Inc.", a legally distinct subsidiary of the SCO Group proper. If I'm reading the creditor list properly, SCO Operations is one of SCO Group's creditors, so they basically owe money to themselves, at least on paper. I'm no corporate law guru, but this smells bad. Mysterious shell companies, money and possibly assets flowing around. Piecing together what's been going on under the hood could get really... interesting.
As PJ noted over on GL, S2/Anderer contracted with SCO Operations, not SCO Group, way back when. Here's their contract: http://contracts.onecle.com/sco/s2.svc.2003.07.01.shtml
that Novell is not on the list of creditors. Yep, that's right - that is the good news. Why, you ask? (Even if you didn't ask, play along, or this post is fairly pointless.) You see, the judgment that SCO needed to forward payments to Novell related to the MS and Sun deals has already been put on the books. Barring appeal, it means that the monies due Novell do not belong to SCO, and are not any part of the assets to be distributed by a bankruptcy. After all, if a thief goes bankrupt, it doesn't mean that your stolen property is not still your property. The thief can't legally sell it to raise funds for the bankruptcy. Neither can SCO use the funds owed Novell, since those funds do not belong to SCO. Personally, I think that's pretty good news - the bankruptcy does not change SCO's loss in summary judgements to a rained-out game.
We are the Music Makers, and We are the Dreamers of Dreams...
Or, can scox delay until there is nothing left for anybody to sue, and then leave the issue unresolved?
If the issue is left unresolved, the scam will be a slam-dunk victory for msft, scox, and BSF.
As it is, the scammers have already won in many ways. Scox was as good as dead before the lawsuit, so scox had nothing to lose.
I think the issue will be resolved. I hope it will.
..or is he suing her too?
Cross-post from Groklaw... I did a quick Google of "bad faith" in regards to bankruptcy filings, and there is apparently precident regarding exactly the same situation as SCO is in. Using bankruptcy just as a tool to thwart other litigation is apparently a BIG no-no. From a non-authoritative source: http://touchngo.com/lglcntr/usdc/bnkrptcy/briefs/bnk45.htm "One area ripe for a bad faith dismissal is when the debtor is using a bankruptcy filing as a litigation tactic to either forestall litigation or seek a forum perceived to be more friendly. In Marsch, the court upheld a 'bad faith' dismissal where the chapter 11 petition was filed solely to delay collection of a judgment and avoid posting an appeal bond where the debtor had the financial means to pay the judgment." Also, in addition to dismissing the bankruptcy case, the bankruptcy courts may well impose the "nuclear" sanction - barring SCO from asserting another bankruptcy claim in the future. This would leave them totally exposed to the full wieght of any other judgements, with no way out at all - not even Chapter 7 liquidation. In other words... "you're on your own, Darl..." Is anyone with any expertise in bankruptcy proceedings around to help the community figure out exactly how this works? Something tells me the bankruptcy filing is not going to fly for long, but may expose SCO's legal team to some serious malpractice liability. And... maybe after this little road bump is resolved we'll finally see Kimball bring some real sacnctions down on the SCO side too. This is just getting beyond ridiculous.
When in doubt, sue the bastards!
>> Other companies such as Delta Airlines, Texaco, Dow Corning, K-Mart, United Airlines, Toys R' Us, Macy's Department Stores and others have emerged from Chapter 11 protection after restructuring themselves for success. We intend to do the same.
>>We value our relationship with you and want to provide the assurance that you can continue to order product, and receive exemplary service and support from us during this restructuring period.
>>We invite you to consult with your SCO representative if you have any questions or concerns.
.
- aqk
F U
Who knows.. Perhaps Google is next.
.
- aqk
F U
SCO is an acronym, not a proper noun. The Santa Cruz Organization. The is appropriate.
Not a sentence!
So let's see... you took $500 million in paid in equity and in nine short years managed to parley that into a princely sum less than $5 million. In the history of your company your only profitable quarter a judge has found that some if not all of your revenue was the proceeds of conversion that you have spent and can no longer pay back. Your liabilities include the counterclaims remaining from baseless lawsuits you have filed after your claims have been revealed to have no substance.
Liquidation cannot cure your victims, but it should help prevent you from finding any more.
Help stamp out iliturcy.
Banjo - The more I know about Windoze, the more I love *nix
"Linux is Magic"
Why do I always have the same captchas.
The best news I've heard all day! This calls for a block party, with pizza, beer, gallons of ice cream, and a cake larger than Kirstie Alley's butt!
On behalf of Penguinistas everywhere, may I just say to SCO: "Gotcha! Cowards!!"
/ We now return you to your regularly scheduled programming...
Help feed homeless animals - Free! www.theanimalrescuesite.com
Why, oh, why can't we have a comment from the quintessential blurbmeister here? Rob, where are you in this historic moment to weigh the subtle issues and deliver some clarity in fifteen words or less?
Will you all please give him some hits on his blog at ITBE and let him know we need his insight at this trying time?
Help stamp out iliturcy.
Chapter 11 won't protect these guys from Novell, IBM, sanctions or jail.
Chapter 11 won't protect you from fraud or other crimes.
You can't use Chapter 11 to evade the law.
It will soon be evident that SCO has done this with unclean hands.
Judges don't like it when people do bad things with the courts. Filing bankruptcy
was a big mistake for SCO. The SCO officers have been loose and fast with
the reins of a company whose stockholders' interest they were responsible to
look after. If it turns out, it has all been a scheme to enrichen a few select members,
then bankruptcy won't save these guys from jail. Now that they are in bankruptcy,
someone outside the company and lots of others outside the company are going to be looking at
all the facts about these lawsuits and goings on. I think this has been they're biggest mistake yet.
You'll see, these guys are in for it now. The SEC will be looking over they're finances,
as will a bankruptcy judge, and that judge will be talking to the other judges, and all the courts'
cases SCO has been involved with, not to mention getting with Novell and IBM. Oh, it's
going to be a HELLUVA party.
Images of John Belushi dancing on the graves of SNL folks are playing in my head. Only this time
it's McBride dancing on the graves of Linux, IBM, Novell, et al. We all know how that really played out,
with John Belushi.
[Father Guido Sarducci voice] I predict, SCO folks, going to be in the Big House. Really Soon.
"Our long national nightmare is finally over." (This particular one, anyway.)
>
> Regards, Destiny
Let me fix that for ya:
Patience: Good things come to those who wait
Don't worry, Darl, you're almost out of money, and it'll be all over soon. I'll give your bondholders a buck for your office nameplate. My office washroom needs a new urinal mint holder.
Regards,
A Vulture Capitalist
They couldn't even do the job Microsoft hired them to do. /., and put the heat on other writers that liked to make up information. Now, there are defenses in the FOSS community for dealing with legal threats, the press, and public opinion.
1. To spread FUD to make people think twice about Linux - sure they scared off some people, who were just looking for an excuse not to adopt Linux. But a larger number of people and companies not only adopted Linux as their OS, but actually switched to doing FOSS development.
2. Damaged IBM - this probably cost IBM more in the time its lawyers spent dealing with SCO rather than going after IP violators itself. But, IBM demonstrated beyond a doubt what happens if you go after them with a frivolous lawsuit.
3. Scare FOSS developers - Rather than scaring developers, the community created and supported Groklaw, discussions on
Don't give too much credit to Darl, though. Microsoft was playing to keep people on Windows. Darl, on the other hand, was hoping IBM would pay him to go away. Pure greed on his part
Suck it.
Suck it hard.
The implications are that real people are going to lose their jobs, their cars, their homes, and their financial futures. I imagine that a few greedy people, making a few foolish actions brought about the end of SCO, and the rest of the employees, who had no say, are going home to pick up the pieces of their lives. Its as if the entire world willed SCO to perish, perhaps justly so, but if I may get Taoist on you all for a moment--victory is celebrated with a funeral.
https://www.youtube.com/c/BrendaEM
It's important to remember who people are, and what they wrote. Even if they're very clever and funny about it now.
Build a man a fire, he's warm for one night. Set him on fire, and he's warm for the rest of his life.
Rather than dupe the SCO story (even though I'd forgive them this time), how about recycling it as a poll. Perhaps "What's the best use for your SCO stock certificates?" They should try to be creative with the answers, not just variations of things you do in the head. (That's the bathroom for you landlubbers.) Really, there aren't like to be many future developments in this case.
Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
...opensource the code on your way down the drain! :>
(Talk about one small step for man, one giant stumble for penguin-kind...the stuff has to be run on "certified" motherboards, FCOL...)
--- For a good time mail uce@ftc.gov
Anyway - the filing seems to be too early since the assets of SCO currently exceeds the debts. So in my opinion the filing should be rejected, possibly with the catch that it can't be re-filed.
So - if it is decided that SCO has been working with Novells money is it possible that the control of SCO is transferred to Novell and the current shareholders are going to be left out in the cold?
If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
"Often, if the company's debts exceed its assets, then at the completion of bankruptcy the company's owners (stockholders) all end up with nothing; all their rights and interests are terminated and the company's creditors end up with ownership of the newly reorganized company."
And as the debts are by far greater than the assets, Darl & SCO won't be able to pay up. Chapter 11 only prevents the immediate liquidation, but Novell will end up owning SCO (and the stockholders - including Darl - will end up emptyhanded, with nothing). So either way, SCO is now as good as done for.
+++ MELON MELON MELON +++ Out of Cheese Error +++ redo from start +++
Customers? Business operations?! SUPPORT?! SERVICES?!!!?
Man, I don't know what that guy is smokin' but it must be some hella-good shit!
To boldly use to and too two times and get it right too! They're not gonna believe their eyes when they see it there!
IMP!
HA HA HA. What a businss plan they had........ :) :) :)
When they first started their lawsuits, that's when the company I know made plans to convert their thousands of SCO store machines to Linux.
If someone is not too bored to read blogs about it, here is mine
SCO finally dead! MS next?
yippee! LOL! ROFL! and all that.
What goes around, comes around.
ahhh satisfaction.
OK, you got me. The use of articles with company/organization names is quite incoherent in German, or I just don't know the exact rules. But I know that names of IT companies are never written with an article. Companies written with their full name like "Santa Cruz Organization" or "Deutsche Bank" however always have an article, as well as noncommercial organizations (NGOs, political parties, universities) even when the name is abbreviated. An exception is "Greenpeace" for example, which has no article.
:-)
On the other hand we say "der DPD" which is the abbreviation of Deutscher Paketdienst ("German Parcel Service") and it is a commercial company.
My theory, after thinking about it, is simply that the article is omitted when it would be in the neuter ("das" as opposed to m. "der" oder f. "die"). Hmm, I may be right with that. Or not. Even as a native speaker, I don't claim German is a particularly easy language
Want to hear the voice of GOD? cat
MS and Novel (and IBM) (not to mention Sun!), would very much like it for SCO to kill linux.
After they saw SCO was going down they decided to take credit for the "victory". At least somebody would look good and they would get something out of this whole story.
Yes. Its true. I was there. The deal was:
"If SCO kills linux that's great. If not, we'll present our selfs as the good fellars. The plan requires $100M and it will make somebody look like the bad guy (SCO) and we'll redirect the hatedress there. Then, we'll create a linux distribution named butundu which will only supply trojaned binaries and a disappointing experience to the new user...."
THe question really is:
Is PJ a fat lady and will she sing at the party?
Which ones? I think Sahara, Gobi and Kalahari
Tubby or not tubby. Fat is the question
as if millions of geeks suddenly cheered and were not silenced. I knew something inevitable has finally happened.
Could the bankrupt SCO drag things out for years as a zombie corporation shielded by bankruptcy law and financed by the shadow banks of their puppetmaster?
Oh, the horror.
A little light fiction might make it more palatable.
Help stamp out iliturcy.
<embed>
Fireworks.avi
</embed>
On September 3, in this interview, Darl states clearly that he could do some "licensing deals" and sell their mobile business to raise cash. Where are the media comments on this? Are there no companies that want to own "shout postcard" and "hip check" or "Scamp"?
--- http://davidnehme.blogspot.com
The best comments on the Chapter 11 filing were made months ago, by SCO themselves. Quoting from the Risk Factors section of their most recent 10Q filing:
"We may not prevail in our lawsuits with IBM, Novell and others, which may adversely affect our ability to continue in business."
"If Novell prevails in whole or in part on its summary judgment motions, some or all of our cash and cash equivalents could be encumbered and our claims against Novell and IBM may be substantially reduced or eliminated."
" In the event we are not successful with the IBM or Novell motions, or the continuing litigation requires more cash than expected, our business and operations would be materially harmed."
That's a pretty good summary of why they filed for Chapter 11 protection!
I'm breaking about three years of /. silence to say, "SCO, you should get down on your knobby, Latter-Day knees every single day and thank your lucky stars that there isn't a just corporate God, for if there were, you and all your minions would be struck down with some corporate equivalent of advanced syphilis, except for your minions, who would get a real form of advanced syphilis, and a nasty case of herpes just for good measure."
It just needed to be said.
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