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Investment Firm Bids to Buy SCOs UNIX Operations

WebCowboy writes "It appears that there are still enough people out there deluded enough to see value in SCOs UNIX operations. York Capital Management has put in a $36 million bid for SCOs UNIX operations. The offer includes coverage of up to $10 million for payment of legal fees and York Capital would assume ownership of the disputed UNIX IP as well as what is left of the lawsuits. Interestingly, SCO has offered this up for competitive bid (who would want to though?). Upon completion of the transaction, should bankruptcy court approve, SCOX would become solely a mobile applications provider (which is the only part of SCOs offerings that have undergone any meaningful development for quite some time)."

177 comments

  1. Does this not screw Novell? by WindBourne · · Score: 4, Interesting

    As it is, SCO owes Novell loads of money. Can Novell stop this sale and/or get the money?

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:Does this not screw Novell? by Hathor's+Dad · · Score: 0

      The issue is that there appears to be some 'value' on the entity. It might be the brand UNIX or it might be the IP (and a way of moving the IP w/o moving existing 'easements'. Once some ties are cut then perhaps they have some enforceable IP...

    2. Re:Does this not screw Novell? by Rogerborg · · Score: 1

      Tune in next week to find out!

      Seriously, if this were fiction, it would be a breakout show. I was thinking maybe Heather Graham as PJ, and (bear with me) Casper Van Dien as Darl. I think he's got serious slimy bad guy potential.

      --
      If you were blocking sigs, you wouldn't have to read this.
    3. Re:Does this not screw Novell? by mce · · Score: 5, Insightful

      Actually, at least based on the limited info I have seen, from a purely financial point of view Novell should be happy. SCO does not have the money that it owes Novell, but YCM does. So, actually, I wouldn't be surprised to find out later that Novell helped to set it all up.

      Please note that the deal will cost YCM more than $36m, so their valuation of the thing they'd be acquiring must be considerably higher as well.

      • If they behave sensibly, they will stop the lawsuits and pay Novell (that is: on top of the $36m). Next they will need to spend some money to clean up the mess and carve up the pieces. Only after that has been resolved, can they think of selling the viable bits and making a profit.

      • If they do not behave sensibly, they will continue the lawsuits and loose more money in the process (e.g. on legal fees). Even if they think they still have a chance of winning something along the way, they sure know very well that odds are against them and they will have taken that into account during their risk calculations while valueing SCO.

      Companies such as YCM do not step into a very risky deal like this one without a clear view on a sizeable return on investment that would compensate for all the risk. I have a feeling that a few years from now the YCM-SCO example might become standard case study in business schools.

    4. Re:Does this not screw Novell? by oliverthered · · Score: 2, Interesting

      If SCO owes Novell loads of money, more money than SCO is worth then why can't Novell just take over SCO?

      --
      thank God the internet isn't a human right.
    5. Re:Does this not screw Novell? by joshv · · Score: 1

      Most likely any sales agreement will also include a settlement with Novell. The new owners will pony up enough money to make everybody happy, rather than run the risk of open ended litigation and damages.

    6. Re:Does this not screw Novell? by sortius_nod · · Score: 2, Insightful

      I don't think Novell has any desire to take over a stagnant company.

    7. Re:Does this not screw Novell? by mrsmiggs · · Score: 1

      Novell doesn't want anything SCO has it wants the money, if I understand this correctly. With this agreement Novell gets the money and SCO might get to live again so everyone is happy (from a business perspective anyway).

    8. Re:Does this not screw Novell? by morgan_greywolf · · Score: 1

      It might be the brand UNIX SCO doesn't own the brand 'UNIX'. That honor goes to The Open Group.
    9. Re:Does this not screw Novell? by jez9999 · · Score: 1

      Next they will need to spend some money to clean up the mess and carve up the pieces.

      The only question I have is, how do you carve up a dog turd? Wouldn't it at least be a waste of a knife?

    10. Re:Does this not screw Novell? by lenski · · Score: 2, Funny

      Seriously, if this were fiction, it would be a breakout show.
      If someone submitted this story to an editor, it would be summarily rejected as implausible. Much like many other stories in our society... The truth is stranger than fiction. Casper van Dien? Very creative casting choice! :-)
    11. Re:Does this not screw Novell? by Spleen · · Score: 2, Interesting

      Novell likely doesn't ever expect to collect the debt owed to it by SCO. They've been using it as a tool to put an end to SCO's bully tactics. Novell may not have any desire to take over the actually business, but they could make a business from taking over the product and transitioning the customer base to their SuSE offering. In turn they could release the product source (as they would own it now) to the community. Linux developers could then benifit from any code that might be worth a damn within the product. I think it would be ironic that the very code SCO swears was stolen for the linux kernel, would be completely fair game for the kernel developers.

    12. Re:Does this not screw Novell? by Just+Some+Guy · · Score: 2, Interesting

      I have a feeling that a few years from now the YCM-SCO example might become standard case study in business schools.

      I suspect you're right. The biggest question is whether it will be as an example or as a warning.

      --
      Dewey, what part of this looks like authorities should be involved?
    13. Re:Does this not screw Novell? by MoxFulder · · Score: 1

      ... Novell may not have any desire to take over the actually business, but they could make a business from taking over the product and transitioning the customer base to their SuSE offering. In turn they could release the product [SCO Unix] source (as they would own it now) to the community. Linux developers could then benifit from any code that might be worth a damn within the product. I think it would be ironic that the very code SCO swears was stolen for the linux kernel, would be completely fair game for the kernel developers. I'm pretty sure the value of the SCO Unix code is damn close to zero. And actually porting any useful bits into Linux might be higher cost than it's worth.

      There's a reason SCO stopped trying to make money off Unix products, and started suing everyone: their products sucked. They lacked the low cost, wide hardware support, and fast development pace of Linux and BSD. They lacked the advanced SMP, reputation, and integrated vendor support of Solaris and AIX.

      Over the last few years, Linux and BSD (and even Solaris) have been improved and extended rapidly. But SCO's products have pretty much stood still. OpenServer had its last release over two years ago, Unixware three years ago!
    14. Re:Does this not screw Novell? by ucblockhead · · Score: 1

      Because if it did, it'd be liable for all the other things SCO owes to other companies.

      --
      The cake is a pie
    15. Re:Does this not screw Novell? by CrimsonAvenger · · Score: 1

      If SCO owes Novell loads of money, more money than SCO is worth then why can't Novell just take over SCO?

      Because they'd inherit SCO's liability to IBM? And Red Hat? And Autozone?

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    16. Re:Does this not screw Novell? by einhverfr · · Score: 1

      Not so sure.

      This whole thing smells of back-room deals. It basicaly means that you only have two possibilities:

      1) Deals have already been made to end the lawsuits (remember IBM's patent counterclaims? Those go with the UNIX business!)
      2) There is an honest belief that there is sufficient reward to continue with the suits. In which case YCM will get buried along with SCO.

      I certainly hope it is the former. But corporations can be stupid sometimes (remember MS Bob? this could be the same sort of thing but with far greater consequence.)

      --

      LedgerSMB: Open source Accounting/ERP
    17. Re:Does this not screw Novell? by mgcarley · · Score: 1

      Why doesn't Novell just buy up SCO for pennies on the dollar and get it over with?

      I'm sure by the time you subtract what SCO already owes Novell, they could probably get away with the acquisition very cheaply (as far as acquisitions of publicly listed companies are concerned):
      1. Spend a 5-10 million on buying up whatever assets SCO claims to own OR
      2. Spend a 5-10 million on a beowulf cluster of lawyers for the next X years.

      While it may not be a good acquisition per sé, it would save Novell (and as a result, probably IBM and others) a bunch of time and money and might even contain the spread of FUD against Linux - excepting, of course, the FUD from that insignificant little company... Micro-something, I think its called...

      --
      Founder & COO, Hayai India (hayai.in) / USA (hayaibroadband.com) // t: @mgcarley
    18. Re:Does this not screw Novell? by Spleen · · Score: 1

      I don't disagree at all. There may be very little source code that would be of value to the community, however just because it's old doesn't make it bad. The SCO Unix product would have very little value, if any to Novell. Releasing the source would be a nice finishing touch on the SCO battle that Novell could use as good PR. SCO Unix is a pretty mature product, so if there are any gems of solid and usable logic within the code it's just gravy.

    19. Re:Does this not screw Novell? by MoxFulder · · Score: 1

      You're probably right. I suppose the vindictive part of me just wants to see SCO pounded into a pulp without the slightest acknowledgement of any value :-) But that's not good policy. So yeah, if there's any good code in there, let's have it.

  2. Well by mastershake_phd · · Score: 5, Funny

    Theres a sucker born every minute. Actually with 6 billion people in the world these days its probably 10 suckers every minute.

    1. Re:Well by WgT2 · · Score: 1

      Either ol' Daryl is a good salesman or those investors are idiots....

      it might be both!

    2. Re:Well by Nuitari+The+Wiz · · Score: 1

      Of course now we now where that idea came from http://science.slashdot.org/article.pl?sid=07/10/24/2252210

    3. Re:Well by amchugh · · Score: 1

      Overdeveloped brain region responsible for optimism discovered.

    4. Re:Well by Trillan · · Score: 1

      It's fun to say SCO is done, but I wouldn't be so sure there's no value left. When I last talked about SCO here, I said the stock definitely had more expected value than a lottery ticket. I was ridiculed for the suggestion. (This isn't a very strong statement, either: The EV of $1 in lottery tickets is typically less then $0.25.)

      That was at 0.16. When I checked the price just now it was at 0.32. Someone investing then could have doubled their money. (I really, really wish I'd followed my hunch then.)

      Sure, SCO is going down hard. But there's going to continue to be items of value in the company. Apparently YCM thinks it can extract enough cash value for it to be worth the buying price. And maybe, just maybe, they're right.

    5. Re:Well by Anonymous Coward · · Score: 0

      A fool and his money are soon parted.
      There are many fools in the world.
      Who will get their money first?

      Globalization Crooks United.

    6. Re:Well by Repton · · Score: 1

      So that's one every round, then?

      --
      Repton.
      They say that only an experienced wizard can do the tengu shuffle.
  3. SCO used to be really good. by Gordonjcp · · Score: 2, Interesting

    The name is pretty tarnished now, though. I wonder if there's any money in buying up the name and creating a "New SCO"?

    Probably not, but I'm sure someone thinks it's worth a shot.

    Tell you what, I'll give then 50 quid cash-in-hand for the rights to the name.

    1. Re:SCO used to be really good. by BadAnalogyGuy · · Score: 5, Interesting

      York Capital Management is a hedge fund management outfit. They are not going to be breathe any life into SCO. They are going to tear it apart and sell off what they can and try to make a profit over and beyond the 30+ million they are intending to invest.

      If they didn't see any upside here, they wouldn't have made the offer. You can bet SCO's got something of value that York will be able to sell off at a tidy profit.

    2. Re:SCO used to be really good. by Calinous · · Score: 3, Interesting

      Support contract for already installed Point Of Sale devices. This is the only SCO operation I know of, that was workable.
            They could compete against Microsoft based on price in this sector.
            There might be other places with installed SCO base - and there is money to be had from there, either from continuing support or from help with migration to another platform

    3. Re:SCO used to be really good. by BadAnalogyGuy · · Score: 2, Interesting

      Are you listening? They are not going to run the company after the purchase. They are going to carve it up and sell off all the assets.

      They are not in the business of running businesses. They buy distressed businesses at a steep discount and destroy them for a profit.

    4. Re:SCO used to be really good. by mce · · Score: 4, Informative

      I can't know whether he's listening, but for York Capital Management to make a profit out of the operation, they need something viable they can sell. The parent post is in essence pointing at the support contracts for already installed POS devices as that viable thing.

    5. Re:SCO used to be really good. by ThirdPrize · · Score: 1

      Office equiptment? Must be a hell of a lot.

      --
      I have excellent Karma and I am not afraid to Troll it.
    6. Re:SCO used to be really good. by dan+the+person · · Score: 1

      They are not going to be breathe any life into SCO. They are going to tear it apart and sell off what they can

      In other words, the are going try and breathe life back into those parts that look like they might have a chance of survival.

      Better than everything going down with the ship.

    7. Re:SCO used to be really good. by Opportunist · · Score: 1

      Yup. And everyone will hate it, so they will claim they switch back to the old kind, call it "classic SCO" but actually they just replaced Darl with someone even slimier.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    8. Re:SCO used to be really good. by rucs_hack · · Score: 1

      well for one thing theres that huge rack that IBM sent them full of their version control system, that's got to be worth something.

    9. Re:SCO used to be really good. by pablochacin · · Score: 1

      Well, you are supposing they want to make a profit. Maybe they just want to keep this show going on . . .

    10. Re:SCO used to be really good. by mce · · Score: 1

      Capital management firms like YCM care about nothing else than making a decent/good profit. They don't even go after the peanut-sized profits.

    11. Re:SCO used to be really good. by morgan_greywolf · · Score: 1

      Exactly. They'll sell off the support contracts to some other business that specializes in IT services -- possibly even, in an irony of ironies, IBM. :)

    12. Re:SCO used to be really good. by bstone · · Score: 1

      There is nothing left worth selling. SCO has bludgeoned UnixWare and Open Server to death. They have lost a total of $250 million running the company for the last seven years (of course $100M or so was thrown away on fantasies of lawsuits), and the product hasn't been maintained for years. The only customers are those stuck with legacy systems with proprietary hardware/software that can't be replaced easily. The only way to ever get any new customers would be for a trusted company to put massive amounts of development effort into building a new product out of it. Even then, the product is horribly overpriced, and even at those prices it hasn't shown any profits. Now it's competing against Linux and Microsoft solutions in their core business areas. Nobody is going to resurrect the SCO Unix line.

      There is nothing there to break up into profitable pieces. The SCO Unix line is dead, and they have been pushing their "mobile" business as the hope for the future for years. Unfortunately, they have never shown a dime of income (let alone profits) on their balance sheets for any of it. They've never shown a dime of R&D expenses for it either. Nevertheless, Darl has fantasized about "if we only took 20% of the mobile market", we could make billions. If I only had 20% of the gold in Fort Knox, I'd be rich too, but my plan is missing the same piece that Darl's is missing.

      Someone wants to pay $36M to take over the books and records of what's left of SCO, and perhaps to fund the legal FUD campaign for a while longer. I predict that any records of illegal activity will be "lost" soon after the transfer, perhaps in an unfortunate warehouse fire or miscommunication with a document destruction company, and the "software business" will never receive funding of any sort. Current customers are out of luck as the support line will be staffed by a kid who asks if you want fries with that.

    13. Re:SCO used to be really good. by bstone · · Score: 1

      Support revenue has been about $5M/year, dropping by about 20%/year, with costs of about half of that (before administration, marketing and overhead). Even at the current rate of decline, that's a $2M/yr revenue stream in five years, and it's going to drop faster than that now. If costs of providing it go up (it will be really unique knowledge), and overhead stays the same, it only loses $3-4M/year. They don't make money on it now. Would you pay $36M for a business that can expect gross revenues under $20M over the next five years, with costs probably double that amount?

    14. Re:SCO used to be really good. by morgan_greywolf · · Score: 1

      Yes, but there are other aspects of their UNIX business as well. There's SCO OpenServer, UnixWare, and OpenLinux all of which are worth at least something. Plus SCO has a bunch of proprietary UNIX apps. York will be selling off the pieces one-by-one. Together they don't amount to much, but the individual pieces (like the support contracts and the IP rights mentioned above) will probably fetch something. Whether they'll all fetch more than $36 megabucks is York's problem.

    15. Re:SCO used to be really good. by Tanktalus · · Score: 1

      To the right person, SCO has something of value. Two things. But only a handful of corporations would find value in them. First is a customer list. Second is the source to any proprietary data. This would allow a (former) competitor the opportunity to come up with a unique migration plan to migrate SCO customers from outdated hardware and software to the competitor's software (and hardware, if it's not commodity hardware anymore). Sure, they could try to do that now (think all the migration kits for going between Oracle, DB2, MS SQL, Informix, etc.). But with the source and the rights to that source (including any patents, if applicable), the threat of further litigation over "stealing" SCO's customers goes away, driving down the risk in going after these customers.

      What that basically means is that a reduction of risk is worth cash to some companies. And with that migration plan comes a fairly-assured income stream as I'm pretty sure a significant portion of SCO's current customers will want an upgrade some time this decade...

    16. Re:SCO used to be really good. by Slashcrap · · Score: 1

      And with that migration plan comes a fairly-assured income stream as I'm pretty sure a significant portion of SCO's current customers will want an upgrade some time this decade...

      I think the problem is that a significant portion of SCO's current customers will want an upgrade some time this decade. For instance to Xenix or Windows 3.0.

    17. Re:SCO used to be really good. by Anonymous Coward · · Score: 0

      BadAnalogyGuy and bstone are trying to make a point; there's fast money and slow money.

      Fast money is 1) buy a company, 2) break up the assets, 3) sell assets, 4) profit!

      Slow money is 1) run a profitable business, 2) profit (but slowly).

      York Capital Management is only interested in fast money, but tSCOg's only worthwhile assets are slow money. There are no patents, there is no "proprietary data", they don't own the Unix copyrights, OpenUnix and UnixServer are old, out-of-date and facing increasing competition from Linux.

      The only thing of value (that I can see) is the customer list and that's pretty old and decreasing in value every minute. But new customers are being created every minute anyway, so I don't see a lot of value there.

      It just doesn't make sense, unless it's a scam of some kind.

    18. Re:SCO used to be really good. by pablochacin · · Score: 1

      EXACTLY! So, why buying SCO?

    19. Re:SCO used to be really good. by mabhatter654 · · Score: 1

      considering SCO owes Novell large sums of money, it would seem that Novell should get any of that cash. Perhaps this is an exit plan from SCO to get sold off so the board gets money... which shouldn't happen. They destroyed the company, they should simply lose to Novell and get nothing in return, heck even make sure you get any company cars, laptops.. call the police to recover if necessary.

    20. Re:SCO used to be really good. by fast+penguin · · Score: 1

      What are we talking about? They need something to sell... like support contracts.

      --
      My worst enemy gave me a copy of Windows for Christmas.
    21. Re:SCO used to be really good. by bstone · · Score: 1

      When they tried to sue Daimler-Chrysler for being a Unix customer and using Linux, they didn't realize that their code hadn't been used for over a decade, and they sent their demands to "President, Chrysler Corp." at an address of a building that had been torn down for years. I seriously doubt that their "customer list" is all that valuable, they can't even find their own customers on it. In any case, the customers and VAR network were what SCO (then known as Caldera, the Linux vendor) tried to use to build their Linux base before they went sue-crazy. That plan has been tried and didn't work. The VARs have long since moved on to Linux or Microsoft. The "millions of customers" they "help build their business every day" they refer to in their SEC reports can only be the ones that get lunch at McDonalds (where they at least used to provide software to run the cash registers), and the customers of some Japanese phone companies who use SCO software for billing. [With $15M revenue for a product that sells for $500 or more, that's a max of 30,000 sales/year, mostly to a few large customers]

      I just can't see any asset they might have to be worth over about $0. The customer base is so small, and the code is so far out of date that it would take a massive R&D and marketing effort to ever make a dime out of it. Their "buyer" has expressed no such plans, and if someone else wanted it, they could cut out the middle man and buy it themselves directly. Nobody's interested. SCO's worldwide sales are about the same as one Target store.

      OTOH, I can see someone willing to pay a bunch to take the corporate records and files out of where they might be vulnerable to a group of creditors having access to them. That just might be worth millions to the right bidder.

  4. Golden parachute by greg_barton · · Score: 1, Interesting

    It's a golden parachute. Follow the money.

    1. Re:Golden parachute by Cheesey · · Score: 5, Funny

      They're going to throw Darl out of a plane, strapped to a large chunk of heavy metal?

      Well, that's got to be worth $30 million.

      Can we also make him wear a T-shirt saying something like "I tried to fix my obsolete business model using litigation", then drop him near the RIAA headquarters?

      --
      >north
      You're an immobile computer, remember?
    2. Re:Golden parachute by Opportunist · · Score: 1

      Can we also make him wear a T-shirt saying something like "I tried to fix my obsolete business model using litigation", then drop him near the RIAA headquarters?

      Near? For 30 mio I kinda expect that they can afford hiring experts that know how to hit their target!

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    3. Re:Golden parachute by Simon+Brooke · · Score: 1

      Near? For 30 mio I kinda expect that they can afford hiring experts that know how to hit their target!

      Where you going to hire that kind of talent?

      --
      I'm old enough to remember when discussions on Slashdot were well informed.
    4. Re:Golden parachute by at_slashdot · · Score: 1

      "They're going to throw Darl out of a plane, strapped to a large chunk of heavy metal?"

      Would it make any difference if they'd strap him to a chunk of light metal? I thought this was elucidated around 1500 By Galileo or probably somebody else...

      --
      "It is our choices, Harry, that show what we truly are, far more than our abilities." -- Prof. Dumbledore
    5. Re:Golden parachute by oatworm · · Score: 1

      Depends on how it's shaped. Wind resistance tends to muck things up a bit. If it's literally parachute-shaped, there could be very significant differences.

  5. There's probably something there by simong · · Score: 4, Interesting

    I just hope that the bidder doesn't think that it's the IP. There is probably enough SCO support work out there to make a viable business though, if there are people who are still paying for their support.

    1. Re:There's probably something there by jnelson4765 · · Score: 1

      Heh - I'd port the stuff to Xen, or make sure it plays nice with VMWare. SCO's stuff is legacy, and definitely not being used for much new software. On the other hand, there are a lot of small to medium sized businesses that can't afford to port their data to new software, so there will be a need for at least some presence of SCO (or a successor) for a long time.

      Wonder if it'll run in qemu :)

      --
      Why can't I mod "-1 Idiot"?
    2. Re:There's probably something there by Anonymous Coward · · Score: 0
      What I want to know is why does SCO's website say the following blatant lie?

      The company is obviously disappointed with the ruling issued last Friday. However, the court clearly determined that SCO owns the copyrights to the technology developed or derived by SCO after Novell transferred the assets to SCO in 1995.

      The court clearly said that Novell owns Unix, they never transferred the Unix IP to SCO.

      Source: http://sco.com/company/news/statement.html

    3. Re:There's probably something there by mattpalmer1086 · · Score: 1

      That's just misdirection and spin. The court agrees that all the things SCO actually wrote themselves, they own the copyright to. Err... wow... On the other hand, the court also said they don't own the copyrights to Unix, the actual subject of the court case.

      A bit like a criminal convicted of theft saying "but the court agrees that anything I made myself, is really mine!".

      (Sorry to make a theft/copyright *analogy* here - they aren't the same crime, before anyone leaps in).

    4. Re:There's probably something there by sm62704 · · Score: 2, Interesting

      I just hope that the bidder doesn't think that it's the IP

      I hope they do. They're vulture capitalists; they buy out companies, carve them up, and sell off the assets. When I worked at Disney in the early 80s, Reagan pushed through a huge capital gains tax cut, which was followed by an orgy of buyouts. See, the capitao gains tax is a tax on businesses that are sold. This tax is an incentive to NOT sell a company.

      Vultures like this got filthy rich, while working people suffered. One of these sleazeball outfits tried to buy Disney to sell its real estate and IP, etc. All of us poor working schmucks got our hours cut back from 40 a week to 30 a week so the company (whose upper management never lost a dime) fought the buyout.

      These companies are pure evil. Anything bad that happens to them causes me to heartily cheer.

      -mcgrew

      --
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    5. Re:There's probably something there by Anonymous Coward · · Score: 0

      Alot of SCO support is shops outside of SCO that pay a fee to SCO to be 'SCO authorized'.

      And the number of shops that have the SCO Authorized badge are shrinking.

  6. ties to MS/Baystar? by nietsch · · Score: 4, Interesting

    I wonder how many degrees of separation there are between this new firm and Microsoft? MS has employed some wonderfull machinations in the past to further fuel tSCOg legal battle, and now when the battle is finally lost, up comes another firm offering some golden parachutes to the management?
    Somehow I remain unconvinced that those responsible will be punished. The nuclear option seems pretty good to me, but I don't think the US would appreciate a 30 mile crater where Redmond used to be.

    --
    This space is intentionally staring blankly at you
    1. Re:ties to MS/Baystar? by WindBourne · · Score: 2, Insightful

      Considering that Boeing, MS and Hollywood are America's biggest exports, probably not. And boeing is about to be a lot less (they have shifted a number of jobs offshore to help sales; basically they were forced to copy Airbus's model, since airbus did this to get sales). And there is more resistance these days to Hollywood's copyright extensions. So, no, the feds are not going to allow it (though plenty of Americans would go along with it).

      --
      I prefer the "u" in honour as it seems to be missing these days.
    2. Re:ties to MS/Baystar? by Just+Some+Guy · · Score: 1

      Considering that Boeing, MS and Hollywood are America's biggest exports, probably not.

      According to the CIA World Factbook, the biggest exports are:

      agricultural products (soybeans, fruit, corn) 9.2%, industrial supplies (organic chemicals) 26.8%, capital goods (transistors, aircraft, motor vehicle parts, computers, telecommunications equipment) 49.0%, consumer goods (automobiles, medicines) 15.0% (2003)

      Although "computers" is on the list, "computer software" is not and other subcategories are sufficiently narrow that I think it would be if it were significant (eg "motor vehicle parts" and "automobiles" are counted seperately). Boeing is in there via "aircraft", but Hollywood doesn't seem to be listed unless you count "organic chemicals" as meaning Britney's drug-fueled butt.

      Even if MS's entire $44 billion revenue in 2006 was from outside sales, they'd still only make up about 4% of total exports. I think that MS and Hollywood are pretty high on the list of visibility, but in raw numbers they don't seem to be all that important to the economy, at least not to the point that we should bend the rest of it to their will.

      --
      Dewey, what part of this looks like authorities should be involved?
    3. Re:ties to MS/Baystar? by rahvin112 · · Score: 1

      If you read Groklaw you will note there are two prominent former MS executive heading the company 2 levels up from the bidder (company bidding is owned by company owned by company with 2 former exec's, incidentally IIRC they are also the same executives involved in the Baystar cash infusion). Sounds like a conspiracy theory to me.

  7. For once by clickclickdrone · · Score: 4, Funny

    The old /. joke expressed as 4 lines that end with 'Profit' is not really applicable.

    --
    I want a list of atrocities done in your name - Recoil
    1. Re:For once by NoodleSlayer · · Score: 2, Funny

      You just need more question marks in this case.

    2. Re:For once by MLease · · Score: 2, Insightful

      You mean instead of the "Profit!" line?

      -Mike

      --
      I'm sorry; I don't know what I was thinking!
    3. Re:For once by muffen · · Score: 4, Informative

      The old /. joke expressed as 4 lines that end with 'Profit' is not really applicable.

      It's actually a three-line joke from Southpark.

      The kids follow the underpants gnomes, and when ask why the underpant-gnomes are stealing people's underpants, they show a big board where it says:

      1) Collect Underpants. 2) ??? 3) Profit

      Everytime the kids ask what step two is, they get the answer that step three is profit.

      It's imho the best episode of southpark, you should definitely watch it!

    4. Re:For once by kripkenstein · · Score: 2, Informative

      Indeed, excellent episode. Now, if only there was some place online - a website of sorts - where you could view the relevant part of the episode ;)

    5. Re:For once by leuk_he · · Score: 1

      Are you sure that Southpark is the source and did not use slahsdot as a source? Can you dig deep in the bowels of slahsdot and fin the first 1.2.3. and confirm it is after the first broadcast of southpark?

      that episode is from http://en.wikipedia.org/wiki/Underpants_Gnomes december 1998.

    6. Re:For once by LaminatorX · · Score: 1

      That's an old South Park joke, you insensitive clod!

    7. Re:For once by mortonda · · Score: 1
      You mean,

      • buy SCO
      • ??
      • ??????????


      Lameness filter thinks this looks like ascii art. I guess that's a sad commentary on what is accepted as art these days.
    8. Re:For once by Just+Some+Guy · · Score: 1

      It's actually a three-line joke from Southpark. The kids follow the underpants gnomes [...]

      Solid proof that nothing makes a joke funnier than explaining it so that others can understand the punchline.

      --
      Dewey, what part of this looks like authorities should be involved?
    9. Re:For once by NoodleSlayer · · Score: 1

      I think an extra line saying ?!?!?!@$@#%!@!?! would be warranted too.

  8. Capital Management by WibbleOnMars · · Score: 4, Interesting

    This is basically a private equity buyout. Private Equity is the big buzzword in the world of big money at the moment. What generally happens is that the buyer sees a company which it feels is underperforming and has a depressed share price, and offers a good enough price for it that the shareholders can't refuse. The money all comes from bank loans, which are secured on the company being bought -- a bit like a mortgage is secured on the house you're buying -- so as long as the bank agrees to the loan, it doesn't actually cost the buying company anything up-front. Once the purchase has gone through, they buying company needs to get the money to pay off the loan. This money comes from making savings at the company they've bought. Typically this would mean asset stripping, re-organising, selling off product lines and divisions, or whatever else it takes to make the money back. Wholesale redundancies are also almost certain. When a reasonably solid, viable company is bought out by private equity, they usually end up getting transformed into a much leaner and smaller company, and getting sold on again in the space of a couple of years. When it happens to a company that isn't solid and viable, the private equity firm will generally just sell off all the assets of the company, aiming to make a profit on the purchase price, and then quietly close down the husk that remains. This is what I predict will happen in this case. The buyer is looking at the assets -- the Unix operating system, the patents, licenses, and all the rest, and they've decided that it's worth more than $36 million. Of course, the strategy only works if there are people out there willing to buy the assets for more than $36 million. I suspect there probably are. Even with the lawsuit results, there is enough left to cherry pick. You can be pretty certain they'll get rid of the lawsuits as quickly as they can; they're paying a block of lawyer fees up front to secure the purchase, but they won't want to pay any more, as it'll eat into the profitability of their bid. The law suits would require a long-term strategy, but a buyout like this will be geared solely toward making a short-term profit. The asset management company certainly won't be buying any of their debts, so the $36 million goes to the remaining SCO company (SCO Mobile? I guess they'll rename themselves to try to get rid of the burden of the name SCO). Pays off their lawyer bills, pays off their debts to Novell and other creditors, maybe even leaves them with a few pennies to rub together at the end if they're lucky, leaving SCO Mobile as a theoretically viable (albeit not particularly valuable) company.

    1. Re:Capital Management by neillewis · · Score: 1

      Unfortunately despite all their bluster they didn't have any patents and Novell now claims copyright on Unix. Caveat emptor.

    2. Re:Capital Management by junklight · · Score: 2, Interesting

      The thing is SCOX has a market cap of around $5m at present. So a hostile takeover would cost considerably less than $36m. So how is this good value fo r the equity company and its investors?

    3. Re:Capital Management by WibbleOnMars · · Score: 2, Informative

      The thing is SCOX has a market cap of around $5m at present. So a hostile takeover would cost considerably less than $36m. So how is this good value fo r the equity company and its investors? Because they're just buying the assets and not the debts, bad name, lawsuits, etc. SCO gets to keep all that junk. ;-)

    4. Re:Capital Management by mce · · Score: 2, Informative

      Because they're just buying the assets and not the debts, bad name, lawsuits, etc. SCO gets to keep all that junk. ;-)

      Which as such would seem like good news for Novell, because then there would be $36m more to grab from the SCO corpse.

      However, TFA clearly states that YCM would be taking over the litigation claims as well. The whole idea is that said SCO corpse actually remains viable by focusing on something other than UNIX and litigation. Novell will then need to collect the money it is due from YCM (which is a good thing for them as well, since YCM actually has that money).

      The thing that I don't like about this scheme, is that YCM will (wisely) withdraw all the lawsuits before focusing on making a profit out of the deal. This means that at the end of the whole 4 year mess, there will be no clear verdict stating how badly SCO has behaved.

    5. Re:Capital Management by n3tcat · · Score: 1

      less hostility = better karma?

      They just bought all of SCO's bad karma. Why would they add more?

    6. Re:Capital Management by stevey · · Score: 1

      The thing that I don't like about this scheme, is that YCM will (wisely) withdraw all the lawsuits before focusing on making a profit out of the deal. This means that at the end of the whole 4 year mess, there will be no clear verdict stating how badly SCO has behaved.

      The thing is I'm not sure they can.

      Whilst they could certainly drop the lawsuit against IBM they are still going to be liable for the counter-claims IBM and Novell (and redhat?) filed against them - and they can't force those to be dropped. Especially if Novell are keen on getting the money they are owed.

    7. Re:Capital Management by mce · · Score: 1

      They could try to settle the counterclaims. Sure, they have no full control over that, but than again they may not need to have that. See also an other post of mine.

    8. Re:Capital Management by faedle · · Score: 1

      The thing that I don't like about this scheme, is that YCM will (wisely) withdraw all the lawsuits before focusing on making a profit out of the deal. This means that at the end of the whole 4 year mess, there will be no clear verdict stating how badly SCO has behaved.

      IANAL, but I'm not 100% sure SCO can "back out" of this whole 4 year mess that easily. IBM's counterclaims are still on the table, and my understanding is at this stage SCO is in no position to dismiss those claims. IBM seems hell bent on getting a judgment on their counterclaims, and probably aren't going to go away for a measly $36 million, even if Novell and the bankruptcy court allowed it.

      All this needs the approval of the bankruptcy court. Since Novell's standing with the court is more than just a "creditor", you can bet Novell will demand that any of the funds from this go towards giving Novell their money (it's not just a "debt" that SCO owes Novell: it was never SCO's money in the first place).

    9. Re:Capital Management by einhverfr · · Score: 1

      They still have copyrights of their own and UNIX license revenue.

      The big issue is that unless the lawsuits are stupped, IBM will more or less destroy what UNIX IP SCO does have via patent infringement lawsuits.

      There may be other assets here too, MWouldn't it be funny of Microsoft purchased the SCO OpenUNIX source code copyrights (full circle since the original SCO got their UNIX division started by buying Xenix from Microsoft).

      --

      LedgerSMB: Open source Accounting/ERP
  9. A tad biased by Anonymous Coward · · Score: 3, Interesting

    You know, it's articles like these which demonstrate why Slashdot's become less than necessary reading these days.

    Whatever SCO (the company) has done to Linux, SCO's UNIX systems were alright. They weren't fashionable, but, they have a working kernel and standard user-land utilities. Obviously, the SCO IP isn't quite as fresh as it once was, but, there'd still be gems to be mined. They also (still) have a (declining, but, still present) bucket of support contracts.

    In a market where Facebook (without an obvious revenue stream) is valued in the billions, you'd have to be an unbalanced zealot to suggest they couldn't raise $34M for their entire UNIX related IP collection. Sure, it's not been selling well in the last couple of years, but, you should never judge the quality of a product by the skills of the salesmen.

    1. Re:A tad biased by Alioth · · Score: 1

      But what IP does SCO actually own? It's already been established that SCO are merely a toll collector for Unix, it's Novell who still actually owns it.

    2. Re:A tad biased by JasterBobaMereel · · Score: 1

      The problem is they have a court case the shows the IP is not used elsewhere, and does not appear to give any special advantage. The case also showed they do not own Unix (not even the name) and so what do they have to sell? It seems they just have (a rather tainted) version of unix that does not have any special features and is not widely used....?

      They do however have large debts and a very suspect reputation ... not the kind of company that is very saleable

      --
      Puteulanus fenestra mortis
    3. Re:A tad biased by l-ascorbic · · Score: 4, Informative

      In a market where Facebook (without an obvious revenue stream) is valued in the billions...

      You realise Facebook is pulling in $150 million per year revenue, right?
    4. Re:A tad biased by pablochacin · · Score: 1
      Some facts. If you look at the SCO's financial reports http://ir.sco.com/results.cfm, you will see a couple of interesting things. First, revenue sinked from 36 M in 2005, to 29 M in 2006 and made just 12 M in the first two quarters of 2007 (so a 24M by end of year is a good approximation). Second, the revenue from SCO licenses is just ridiculous, it is in the order of a few K, not even a million! Most of the revenue comes from services, which are not an asset you can sell easily (I might be wrong here).

      With respect of Facebook, I agree it is insane, as most of the Internet era businesses. But the basic idea is that you buy the tens of millions of recurring users, which MAYBE represent a source of revenue. Hey, is the classic "built it and they will come" approach. Facebook is not in the business of making money out of the user, but to get them in the first place. Then others will come to make money (or not, that's a big risk, if not ask eBay about Skype!)

    5. Re:A tad biased by Wdomburg · · Score: 1

      Alright isn't exactly the word that springs to mind. Ugly. Overpriced. Ancient. Painful. Openserver 5 was a SVR3 derivative kept alive far too long with absolute minimal support (last I looked they still hadn't fixed bugs that I reported a decade ago). Unixware 2 was okay, but they didn't develop that, they purchased it. Unixware 7 was marred by the introduction of some stupid OSR5isms (ostensibly to ease migration) and incredibly poor quality control. I can't speak for OpenServer 6 since that was released after I ceased having anything to do with SCO.

      (For the record - once upon a time I supported SCO Xenix, Unix, OpenDesktop, OpenServer, Unixware, VisionFS, Advanced File and Print Services, Merge, Non-Stop Clusters and Tarantella. Still have the certifications around here somewhere.)

    6. Re:A tad biased by Anonymous Coward · · Score: 0

      SCO's UNIX systems were alright. They weren't fashionable, but, they have a working kernel and standard user-land utilities.

      Son, I'd been a customer of SCO back in the X286 days. Want a compiler - pay. Want TCP/IP - Pay. Want more than 5 users - Pay.

      And VARs *LIKE* support contracts - with SCO you'd always have a few clients who'd find someone else who worked for less who'd pick up the support contract.

      Open Source UNIXes have "not been fashionable but, they have a working kernel and standard user-land utilities." for years.

      So, as a VAR do you want to:
      1) Increase the overall price of your product
      2) Have part of your package not subject to your own lockin
      3) Not be able to brand everything with your branding

      Or do you wanna run an Open Source OS?

      If one is gonna PAY for UNIX - HP, IBM, Digital, Sun, Silicon Graphics will also take your money. And names like IBM can be bankable money in the VAR world.

      Free is the price point on Bog standard X86 hardware. Even Sun groks that.

    7. Re:A tad biased by bigdavex · · Score: 1

      You realise Facebook is pulling in $150 million per year revenue, right?

      That's certainly better than none, but it's not such a good deal for a 15 billion dollar company.

      ($150 x 10^6) / ($15 x 10 ^9) = 1%
      --
      -Dave
  10. From Groklaw comments: by Udo+Schmitz · · Score: 5, Interesting
    User Jaywalker over at Groklaw has an interesting comment:

    "JGD Management Corporation has its principal executive offices at 1118 East Green Street Pasadena, California 91106 (http://www.secinfo.com/d12TC3.v51a.htm)

    If you google the address the first match is a reference to a page on Edgar which provides the Form 4 (any of you US business types know what that is?) for a comany known as Arrowhead Research Corp which has one R Bruce Stewart as its CEO and Chairman of the Board.
    (http://edgar.brand.edgar-online.com/EFX_dll/EDGARpro.dll?FetchFilingHTML1?Sessi onID=T-hII2bI2EHwHrP&ID=3669175)

    R Bruce Stewart founded Acacia Research Corporation in March 1991. (http://www.forbes.com/finance/mktguideapps/personinfo/FromPersonIdPersonTearshe et.jhtml?passedPersonId=927443).

    Has anyone heard of Acacia Research before?

    Hmmmm.

    It has to be a coincidence."

    1. Re:From Groklaw comments: by Otter · · Score: 1, Insightful
      It has to be a coincidence.

      Maybe I'm missing something. This company is in the same office building as a second company, the CEO of which founded a third company 16 years ago. The "coincidence" is what?

      Given that the best the kookazoids at Groklaw can come up with is some sketchy conspiracy theory about "nanotubes", there doesn't seem to be a whole lot here.

  11. The sale probably won't go through by Anonymous Coward · · Score: 1, Interesting

    The asset purchase agreement between Santa Cruz and Novell gave Novell the right to yank back the business if Santa Cruz had a 'change of control'. That means Novell can veto the sale. In fact the clause was inserted because Novell was worried that Santa Cruz would go bankrupt.

    Will the bankruptcy judge void the APA. AllParadox, a retired lawyer who has been following this closely, says that they don't do that.

    1. Re:The sale probably won't go through by FellowConspirator · · Score: 1

      Novell can't veto the sale. What they can do is take their ball (the UNIX business) and go home. Presumably a purchaser would take this into account (and, perhaps, offer repayment on the monies due to them). I bet that a buyer could make the sale contingent on Novell agreeing to accept 50-cents on the dollar for what they are owed by SCO if it was guaranteed and all legal activities stop. If Novell didn't agree, the company would otherwise not buy and SCO would litigate away all potential cash.

    2. Re:The sale probably won't go through by C_L_Lk · · Score: 1

      I look at it this way - Novell doesn't want their money. They never did. They want to bleed SCOX so dry that they disappear - and any and all "unix" business disappears. Why? Well why leave another competitor to SUSE/SLED floating around out there. Novell is pretty much banking a good chunk of their future business success on Linux both in the datacenter and the desktop. Who would be good prospective customers for this? All the old SCOX customers who are still stuck with those products.

      I would say it's in Novell's future interest to not let this sale go through, "reclaim" any UNIX business, and let SCOX dry up and disappear trying to pay its dues to Novell, IBM, Red Hat, and anyone else out there who has a stake to claim. Then SCO is gone, and there is no longer ANY existing "Unix on X86" vendors out there. (Ok - SUN has Solaris 10 on X86 - but we all know how that's going - and Solaris isn't "exactly" UNIX anyway). The potential loss of "up to $36MM" (that they never had in the first place really) from all those SCOX deals is more than worth it to see SCOX disappear completely from the face of the map. I'm sure IBM is only keeping their counterclaim option open simply to make sure that the dead decaying corpse of SCOX can be stamped out completely if it still had some sort of life left to it after Novell was done. If Novell were to let this deal go through, sure they would have their chance at their "30 some odd million in cash" - but then the little bits and pieces of the existing "SCOX UNIX business" move further away from the heel of their boot - and will be that much harder to stamp out.

  12. heyho. by apodyopsis · · Score: 0

    the vultures got tired of circling then? gliding into land....

    no doubt it will be a buy, slice, dice and sell operation. its doubtful there is a long term viable business there anymore.

    bit of a fall from grace though, SCO used to be well respected back in the day. heyho.

  13. Yikes! by Colin+Smith · · Score: 1

    You just found one of the illuminati.... You'd better run.

    --
    Deleted
    1. Re:Yikes! by Udo+Schmitz · · Score: 1

      Just because I'm paranoid doesn't mean they aren't after me.

    2. Re:Yikes! by Anonymous Coward · · Score: 0

      Oh that's nice. Someone finds the connection between Microsoft, who's been quite vocal in their views and has quite a few explicit connections to SCO, and this current thing and you call them a "conspiracy theorist".

      Aporogies, but your counterargument is nothing short of an ad hominem, i.e. labeling the opponent a nutcase and their argument nutcase spew. Examined from the outside, your argument is clearly in the "3. profit! 2. ??? 1. get underpants" category, where you start from the conclusion, omit the bridge and furiously point your finger at the starting point. Come up with something better, prease?

    3. Re:Yikes! by Opportunist · · Score: 1

      I AM NOT PARANOID!

      (because if you are, THEY notice it immediately!)

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    4. Re:Yikes! by Colin+Smith · · Score: 1

      FFS, it was a joke.

      Go buy a sense of humour. See if you can't come up with a real slashdot login while you're at it.

      --
      Deleted
  14. Better idea by Spy+der+Mann · · Score: 2, Funny

    why don't they just sell themselves in ebay? After all, a paperclip can generate millions! :)

    1. Re:Better idea by Anonymous Coward · · Score: 0

      If you think a house in northern Saskatchewan is worth millions then brother, I have a log cabin situated in the midst of a reeking swamp that you can have for only 500K..

    2. Re:Better idea by Rolgar · · Score: 1

      Opening bid at $699? Do I have $699?

  15. BS, There is no buyer by Herkum01 · · Score: 2, Insightful

    There is no bid, SCO said in bankrupty court that there "MAY be a buyer".

    They are going down the tubes and they are doing anything they can to stem the tide. If they means they go to bankruptcy court to spread this rumor, so be it. Only a fool would believe them.

  16. So let's unwrap this by tietokone-olmi · · Score: 3, Interesting

    The SCO thrust caught fire, blew up and is sinking at a respectable clip. Since it became obvious that this would happen (sometime in the summer), SCO's puppet masters had them "re-focus" their business into "mobile solutions". We should all know that "mobile solutions" is where shitty ideas and companies re-focus in order to perhaps get a little bit more investments in; therefore we can consider that SCO is basically a walking corpse at this moment.

    This "Unix IP" sale is so that SCO can be permitted to sink and Novell & IBM may attempt to get their butter & 2K monies (as in JA I AM MADE OF) from a shell of a shitheap, if they can. Once the "Unix IP" package is moved elsewhere, SCO's puppet masters may attempt to re-do this whole operation in a few years in a more favourable legal environment and perhaps a judge that is more "reliable" (i.e. in their pocket).

    There's a minor hole in this coreography though. If 6 million has been offered for the "Unix IP" parcel, then it should be obviously outside the group of stuff that SCO may hammer to get out of deep red again. The money from the sale would obviously go to pay executive salaries (some 80,000$ a month, is it?) and lawyer fees (well past 5 million US$, I reckon). I suppose we'll see whether the SCO chapter 11 trustee is in the puppeteer's pocket or not.

    I must say that Microsoft planned this one out pretty well. Of course their plan relies on corruption to smooth the way so that their side can execute their moves quicker than the opposition, as always, but still.

    1. Re:So let's unwrap this by rucs_hack · · Score: 1

      SCO's puppet masters may attempt to re-do this whole operation in a few years in a more favorable legal environment and perhaps a judge that is more "reliable" (i.e. in their pocket)

      Thats extremely unlikely. Every strategy SCO came up with over the course of litigation failed, every single one. Their initial plan seems to have been a pump and dump type affair, getting IBM to buy them out to remove the problem. It was Novells involvement that really shagged them. They were onto a losing slope from that point on.

      That's not to say there won't be more attacks on Linux, but the SCO fiasco has actually hardened the IP status of Linux to the point where they may actually have helped Linux be robust to this form of attack in the future. Linux and Unix are related, but one is not made using pieces of the other, except for public domain code and required portions that are non protectable and exist in both.

    2. Re:So let's unwrap this by rkhalloran · · Score: 1

      As has been said many times elsewhere in this piece, the judge has ruled that Novell holds the UNIX copyrights, such as they are. All SCOX might have direct rights to is whatever code has been added to the old AT&T codebase since the deal.

      The Utah judge also ruled that the Sun & Microsoft payments were to some extent SysV license fees; the trial that would have started the week SCOX filed BK was to determine how much. Those monies (conversion) aren't supposed to be part of the bankruptcy estate, because legally it wasn't SCOX' to start with (analogy of bank thief filing BK and claiming the stolen money as part of his assets).

      Given all the suits facing SCOX from Novell, IBM, etc., I don't see how this offer makes any sense. They can't sell the "UNIX IP", it's Novell's. Novell gets back the "UNIX business" from SCaldera on a change of ownership, per the contract, which the BK judge can't/won't void. They can't wave off IBM's countercharges. They owe *something* back to Novell of whatever they have in the bank. What the fsck do they have to sell?

      Looks like YA attempt to bleed out the money to Anyone-But-Novell before the courts drop the hammer on them. Traditional Canopy Group behavior.

      SCOX DELENDA EST!!

    3. Re:So let's unwrap this by tietokone-olmi · · Score: 1

      I agree with all of this. Yet nothing would stop a purchaser of this stuff from going to court in a different US state, and starting the PR blitz all over again. Perhaps if they had a judge with a favourable disposition. Perhaps Novell's previous accomplishments could be chucked out, or delayed for years on end. (Though I gotta wonder... SCO did reach quite far with the "slander of title" thing, already.)

      This whole SCO thing has now been around for what, four years? More? Groklaw's been around nearly forever, Intarbutts time. I don't believe that the press would have enough of a critical eye for the second SCO's press releases in, say, 2012. They certainly don't remember one year old things readily.

  17. We're not dead yet! by SL+Baur · · Score: 0

    It's getting better!

    But sir knight, you have no arms and no legs, what are you going to do, bleed on me?

  18. I would not buy SCO's assets-LOSING VAR BUSINESS by scottsk · · Score: 1

    SCO's UnixWare and Xenix were a staple of the VAR world, but I would not touch SCO's assets if I was a paper-pushing business person. People are abandoning UnixWare for Linux. Example: IBM had a program to sell mainframe emulators that ran on UnixWare and Linux. The program was wildly successful, many orders of magnitude beyond what IBM thought it would be, and the revenue boost to SCO was huge (back when it started, Linux wasn't as robust and accepted as it is now). So it's ironic that one of SCO's big profit centers the past 5-7 years has been an IBM program! But (1) people use Red Hat, not SCO, for this; and (2) IBM and the emulator company had a bitter falling out and IBM suspended this program. This is the way the VAR world is going. You're not going to have VAR operating systems like UnixWare and Xenix anymore -- VARs are going to use Linux. The only way I would buy SCO's assets would be for pennies on the dollar to re-Caldera them and release them as open source, perhaps if I was a VAR who had UnixWare experience and wanted to offer support contracts. (My first job was supporting Medical Manager on Xenix, so it's sad to see what has happened to this once great platform. Medical Manager is still around, but I don't know what it runs on now. Probably Linux!)

  19. $10 million for legal fees by Anonymous Coward · · Score: 0

    It's a good day to be a lawyer.

  20. I, for one.. by theorem4 · · Score: 2, Funny

    I, for one, welcome our cash-laden overlords.

  21. Microsoft Stink by canuck57 · · Score: 2, Interesting

    This has Microsoft stink all over it:

    http://www.google.com/search?q=microsoft+Acacia+Research&btnG=Google+Search

  22. Time moves fast in IT by SmallFurryCreature · · Score: 3, Insightful

    Its unix was never a top contender. It sure as hell ain't a Solaris. SCO ain't no IBM, it ain't even a HP. If you want cheap, there is Red Hat or any of the other Linux distros. So what is the value of UnixWare/OpenServer?

    You don't get the support of IBM, you don't get the sheer robustness of Solaris, you don't get the opensource from Linux, you just pay more then Linux, get less support then from IBM, and a WHOLE lot less robust not just then Solaris, but ALL the other unixes as well. SCO unix is a dump. NOBODY LIKES IT.

    The only thing that has going for it that it has a large install base for historical reasons, point-of-sale (cash register systems, fast food checkouts), who are often reluctant to switch. IT in this sector is always a mess, things never work, are always delayed and cost a fortune, so when a system finally operates, they don't want to change (nor need too, cash register technology really doesn't advance that much).

    Don't forget that SCO hasn't been doing any development on their closed source unix versions, they were a linux shop too once.

    Basically current IT strategy (HA) is for everyone who can to move away from SCO. Get that crap out of there at the next upgrade cycle. It never was a good product, has been neglected and the company has proved to be lead by the truly insane. They SUED their OWN PAYING customers. You don't do that.

    Even you advice against using SCO "Whatever SCO (the company) has done to Linux, SCO's UNIX systems were alright." We disagree on that you think they were once alright, but even you admit that your are talking PAST tense.

    As for selling it all of, WHAT IP? They have been proven in court not to own Unix, what IP have they got left?

    So why are they doing it? Who is to say they do? MS been behind other finance deals related to SCO. For MS blowing 36 mill is nothing. Spare change. Could they be trying to buy SCO to continue the fight againt Linux? They done it before, and Ballmer is still on the warpath.

    That is the most likely scenario to me.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:Time moves fast in IT by the_B0fh · · Score: 1

      Who says you never sue your own paying customers? At least one other large company with less than stellar reputation, whose initials rhyme with "C" "A" has threatened to sue a paying customer, with their attorneys in the room (so, this is not just some sales dude trying to shaft you).

    2. Re:Time moves fast in IT by Anonymous Coward · · Score: 0

      To state the obvious: if they were selling all their IP in a commercially viable Unix today, they'd be shooting for a lot more than $34M. They're not. It's old IP but there'll be enough bits and pieces of source which do interesting things to warrant a $34M price tag from somebody.

      Yes, as a Unix distribution, nobody likes it and it's old news. I doubt anyone would buy it to release the next SCO Unix. You don't think SCO Unix would drive out of the lot as a used car. I agree. I do think someone will buy it for scrap though, and $34M for this type of scrap would be a reasonable sale price considering what's being paid for what in the rest of the market these days.

  23. enforceable IP? by Joseph_Daniel_Zukige · · Score: 1

    impossible, but microsoft will try to make it look that way.

  24. Doesn't it lool very suspicious? by pablochacin · · Score: 1

    I mean, what is the REAL business case for buying a company which only "assets" are some IP rights that they apparently do not own after all. It looks to me that some one else is pulling the strings behin escenes to continue the litigation agaist Linux.

    1. Re:Doesn't it lool very suspicious? by Wdomburg · · Score: 2, Insightful

      They have OpenServer and Unixware which contain IP beyond the SVR4. They still have a significant installed base of vertical applications (particularly in point of sale and telephony applications). It's emphatically not a growing concern but there's plenty of money to be made in support contracts and migration services for the right company.

    2. Re:Doesn't it lool very suspicious? by pablochacin · · Score: 1
      See my post here about SCO's revenue: http://slashdot.org/comments.pl?sid=339287&cid=21111767

      Where is the revenue comming from OpenServer and Unixware?

    3. Re:Doesn't it lool very suspicious? by pablochacin · · Score: 1
      Ah, maybe I should mention that I worked for Novell some years ago and even when we had a HUGE Netware install base, revenue was steady declining, bot for services and licenses. I don't believe UnixWare or OpenServer has such a big installed based to sustain any significant revenue

      I'm don't like conspiracy theories in general, but in this case I'm curious about what those guys found so interesting ....

  25. the coincidence is what? by Joseph_Daniel_Zukige · · Score: 1

    you just named it.

  26. More ties: by walterbyrd · · Score: 4, Interesting

    Acacia = "InterActive Group" = "Arrowhead Research" (= Msft?)

    "On May 29, 2007, we [Arrowhead Research] sold to certain institutional and accredited investors an aggregate of 2,849,446 shares of common stock (the "Private Placement Shares") at a per share purchase price of $5.78, and Warrants to purchase up to an additional 712,363 shares of common stock (the "Warrant Shares"), exercisable at $7.06 per share, in the Private Placement. Two investment vehicles of York Capital Management, a stockholder holding greater than 10% of the Company's Common Stock, participated in the offering."

    http://www.secinfo.com/d14D5a.u4d4r.htm

    "Arrowhead Research" refers to Arrowhead Research Corporation, a Delaware corporation and formerly known as InterActive Group, Inc."

    http://www.nasdaq.com/asp/symbols.asp?exchange=NGM&start=A&sort=cap&Type=0

    "The consolidated financial statements include the accounts of Arrowhead Research Corporation (a Delaware Corporation), formally InterActive Group, Inc., and Arrowhead Research Corporation (a California Corporation), a wholly-owned subsidiary. All significant intercompany accounts and transactions have been eliminated in consolidation.
    . . . .
    In October 2003, in connection with an initial private placement of Common Stock, the Company [Arrowhead Research] accepted 80,255 shares of Acacia Research Corporation, valued at $500,000, and $500,000 cash in exchange for 1,000,000 units. The shares are carried on the financial statements as marketable securities. See Note 3."

    http://sec.edgar-online.com/2004/05/17/0001015402-04-002107/Section7.asp

    "On May 29, 2007, we [Arrowhead Research] sold to certain institutional and accredited investors an aggregate of 2,849,446 shares of common stock (the "Private Placement Shares") at a per share purchase price of $5.78, and Warrants to purchase up to an additional 712,363 shares of common stock (the "Warrant Shares"), exercisable at $7.06 per share, in the Private Placement. Two investment vehicles of York Capital Management, a stockholder holding greater than 10% of the Company's Common Stock, participated in the offering."

    http://www.secinfo.com/d14D5a.u4d4r.htm

  27. It's a joke? by sm62704 · · Score: 3, Funny

    I googled "York Capital Management", the 2nd hit was their "about us" page. At the very top of the page it says "YORK YORK YORK YORK YORK YORK YORK YORK YORK YORK"

    Isn't that Curly Howard of the Three Stooges fame's laugh?

    It's getting a laugh out of me! YORK YORK YORK YORK YORK YORK YORK YORK YORK YORK!

    -mcgrew

    --
    mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
  28. why won't it die by chrome · · Score: 2, Funny

    it's like a zombie ... and it wants to eat our brainz.

    our delicious, unix based, brainz.

    1. Re:why won't it die by Anonymous Coward · · Score: 0

      our delicious, unix based, brainz.

      don't you mean our GNU's not UNIX (R) (TM) (C) (Z) (UL) (PARENTHESES) brains?
    2. Re:why won't it die by roscivs · · Score: 1

      They're not unreasonable, I mean, no one wants to eat our eyes.

      --
      ~ roscivs
  29. 100% incorrect. by poetmatt · · Score: 2, Informative

    Wrong. The liability for the lawsuit would not be transferred by the deal, so YCM would take everything BUT the lawsuit's liability, therefore making them "magically liable for nothing". Thats why YCM wants to do this deal, they get no risk out of it other than managing a company. Also look a little deeper, YCM has some ties to microsoft.

    1. Re:100% incorrect. by mce · · Score: 1

      TFA claims that YCM would also get the litigation claims, and that's what I used as a basis. Yes, I tend to RTFA before posting.

      But in any case, what I wrote cannot be "100% wrong", as you claim with assumed god-like superiority. Irrespective of their motives and who is behind it (I personally don't believe the "it has to be MS" FUD party line myself, but who knows maybe I'm actually wrong on that one...), fact remains that firms like YCM do not step into risks - be they major or only reasonable - without prior analysis and an outlook on a sizeable ROI.

  30. Microsoft again.. by Anonymous Coward · · Score: 0

    Googling Acacia Research brings up Microsoft connections all over the place... yep, its them again, keeping the zombie SCO undead..

  31. Litigation Not Included by NigelBeamenIII · · Score: 2, Informative

    It should be noted that the agreement specifically EXCLUDES the transfer of the Novell and IBM litigation to York. The actual motion can be read on Groklaw (as usual) with more info than the LinuxWorld article.

  32. If memory serves by HangingChad · · Score: 1

    The APA, the agreement managing SCO and Novell's working relationship as it pertains to Unix, stipulates that in the event of bankruptcy the ownership rights shift back to Novell. I don't think SCO can sell them if they wanted to.

    And why would YCM want to take on the potential liability of the counter-claims against SCO? That makes no sense. Sounds like they want to try to take the meat and leave the potatoes. I doubt that will fly with the BK court.

    Interestingly coincidental that the sales price is the exact same amount as the converted funds SCO took, isn't it? What are the odds?

    I wonder how long it will take for the FOSS community to find the links between YCM and Microsoft?

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
    1. Re:If memory serves by jrumney · · Score: 1

      I wonder how long it will take for the FOSS community to find the links between YCM and Microsoft?

      See groklaw (search the comments for Acacia to see the full set of links in this triangle). It took less than the time it took for the story to be posted to slashdot.

  33. Re:100% incorrect, as stated. by poetmatt · · Score: 3, Informative

    Let me try to explain better. YCM is accepting the company, but SCO is retaining the lawsuit liability of this specific case with novell for themselves. Meaning they have all this money but the money has nothing to do with the liability. Novell may have money owed to them by SCO in far excess of 36M or even 46M. We're talking 10+ years of business that got 0% royalties instead of 100% royalties as owed (note: not 96 or 95%, they were supposed to get 100% and return back a percentage after).

    If you did some damn research instead of being a typical slashie with bad information, you would have gone to groklaw as mentioned and seen more details than the original website. Part of being a smart slashie is doing your own research in addition to articles posted because we all know they aren't always correct, summary and article for that matter. Don't attack my ego because you didn't do research and are thusly a moron because you got a +5 with incorrect information.

    Regardless, if you had read at grok, you would have seen: "Among the excluded assets are "Seller's litigation with Novell and IBM, and its claims and choses in action other than the Linux Litigation." The total purchase price, SCO says, consisting of cash and non-cash components is "in the estimated aggregate amount of up to $36,000,000". SCO has to reimburse up to $50,000 of York's fees and expenses in connection with the deal. And if York is designated as "stalking horse" under the Bid Procedure Order, and if others outbid York, SCO has to pay them a $780,000 breakup fee and reimbursement of all expenses incurred by York up to $300,000."

    So yeah, I'm not god, but I do my due dilligence and don't post out my ass (you forgot to wipe).

  34. Re:100% incorrect, as stated. by mce · · Score: 2

    Just a few notes: 1) I couldn't care less about +5 or -5 (as this post will show), as I'm long past that age; 2) I did go to groklaw (wanna see the proxy logs?), I just didn't dig deep enough (my mistake), so stop making black-and-white assumptions in whatever way you like and stop pulling in needlessly childish toilet words in order to defend them; 3) you carefully did not adress my critique of your "100% false" claim, as you know you can't beat that; 4) please note that I at least explicitly mentioned that I was using only "the limited info I had" (ref. my original post), that I also explicitly left open the option that I might be wrong (second post), and finally also have the courage to write "my mistake" in this one.

    Come back when you've learned some more manners.

  35. Form 4 by rodentia · · Score: 1

    Form 4: Statement of changes in beneficial ownership of securities

    Jaywalker's link raised on google is fortuitous. The purchaser identified in the APA linked from Groklaw is JDG Management Corp d/b/a York Capital Management. From a recent filing for the purchase of a company in Israel:

    The sole shareholder of JGD is James G. Dinan.

    York Capital Management is a hedge fund. It invests in a lot of things, but this transaction looks like it might be a personal play. $36 mil is peanuts for this cat. He just paid $21 million for Dennis Koslowski's (remember Tyco?) old apartment

    --
    illegitimii non ingravare
  36. I do not believe that is true by WindBourne · · Score: 1

    Novell will almost certainly want all the money AND the unix business. Keep in mind, that this suit actually did a lot of harm to linux distros. Basically, when it was started with MS's and Sun's backing, Linux was rolling. This was designed to slow down the machine, which it did. This gave Sun and MS time to hold their own while they came out with new distros themselves. If I were Novell, I might want to take a LONG look at it. This is almost certainly part of the golden parachute that MS promised the SCO management, so I would work hard to prevent a single cent going to them. In addition, I would want to ALL of the unix business to Linux. Finally, if there is a mobile app base, I might want to convert that to Linux as well.

    --
    I prefer the "u" in honour as it seems to be missing these days.
  37. Profit: Darl's head on EBay! by Anonymous Coward · · Score: 0

    Can you just imaging how much some rich geek would pay for the privilege of using Darl's head as a doorstop?

    Or maybe a bowling ball - it's probably dense enough. :D

  38. Re:100% incorrect, as stated. by poetmatt · · Score: 3, Informative

    Look, I just stated you were wrong. With the "limited information" you had, you were wrong. Could I have been more polite? Sure, absolutely. You decided to open a Bevets style flamewar with the "god comment". I would not have given you an insult had you not earned one by firing the first shot and making it sound like I cared about my ego or someone else's. I said you were completely wrong. Is that bad to have an opinion that your information was incorrect, or did you already state that for me?

    I don't have problems admitting my mistakes, in fact I enjoy asking for information when I am wrong, whereas you defend yourself. I think you might want to learn the difference between welcome criticism and provocation of others. If I am wrong, sure, call me on it. Also, I do care about +5, because I wouldn't want someone to have misinformation as a top post because other people will be misinformed. That wasn't aimed at you, that was aimed at correction of data. I've had it happen to me and I asked mods to mod down my posts when I did.

    I didn't address your critique because I didn't want a flamewar. It's not that I am 100% right, I may or not be, and thats immaterial.

    I also didn't claim it was MS FUD. I claimed that YCM has ties to Microsoft. The correct company is JGD Management Corp. d/b/a (doing business as) York Capital Management. Know who owns JGD and also has a board of directors straight from microsoft? JGD (Acacia) (SEC link).

    So yeah, sorry if you got offended, but try not to start an insult fling and you might not get called a douchebag next time. I welcome snarky comments, not elitism.

  39. Re:100% incorrect, as stated. by mce · · Score: 1

    For me flaming/insulting starts with "100% wrong" blanket claims that are obviously incorrect. If you want no flame wars, learn how to properly word the things that you want to say.

    Of course you didn't claim it was MS FUD. Read again what I wrote before firing off replies: I said that to me the claim that MS is involved likely is a case of FUD.

    So because you see a +5 post with incorrect info, and even one that in its first sentence warns about the possibility that it might be wrong, you decide to attack the author for being a moron who is only oh-so-happy to get +5 out of anything? And you see a need to pull in toilet words? Seems to me you're a bit trigger happy, but that's of course just my humble opinion.

  40. Agreed - this is stock manipulation by Weaselmancer · · Score: 1

    This is just a way to milk a little more money from the stock. Issue a rumor of a buyer and people start buying the stock. That will in turn bump up the price of the stock.

    And it's working - look at the current price of SCOX. And look at the activity, too. Also a telling point.

    This is just more of the same from Darl and the gang. More fraud. I just hope someone with some legal clout eventually sees this for what it is. I'd love for the SEC to come down on these crooks like a ton of bricks.

    --
    Weaselmancer
    rediculous.
  41. Re:100% incorrect, as stated. by poetmatt · · Score: 0, Flamebait

    Eh not so much trigger happy, you are welcome to your opinions. However, holier-than-thou due to admission of possibly being wrong is a bit elitist, as I mentioned. I know you said to you it was FUD, that was why I explained the situation (because we have a debate going and/or to show that it was indeed, not the FUD that you think it is/these are not the FUD statements you are looking for (pun)). Is it wrong to have opposing views in a debate and/or to supplant a statement with information, even if that information disagrees with what someone says/opines(sp?)? I would certainly hope not.

    I called you a moron after I felt I had received an insult from you. Our perceptions of "when insult flinging started" are not the same. I did not feel nor take offense to you when I stated you were wrong/incorrect (as you yourself stated you may be). I do not like namecalling, but apparently you missed the implied subtlety there. I do not like people getting +5s for bad info, that spreads FUD. Don't think that was aimed at you, if it happens in situations where I can make an informed decision that the information provided is incorrect, I would post a correcting reply the same as now to whoever it is, period. Also your feelings on a +5 are equally subjective, that doesn't even have any relevance to this discussion, thats implying a "rain on your parade" situation, which is not the case. This isn't a "mod GP down", you know slashdot isn't intended for such a method. I don't know where the feigning ignorance goes on but posting misinformation and/or stating "it may be wrong" doesn't mean someone else is wrong for stating contradictory information. misinformation != accurate info. Simple as that.

    I could easily compare this to someone saying (redacted) "we can neither confirm nor deny the torture done to the individual that we related with 9/11" (if you know the situation I'm referencing) and you can imagine how that feels when the question asked was an educated question with evidence. Doesn't get you off the hook.

  42. No, stockholders have limited liability. by Estanislao+Mart�nez · · Score: 1

    As it is, SCO owes Novell loads of money. Can Novell stop this sale and/or get the money?

    Nope. A change in ownership t doesn't alter any of SCO's obligations towards Novell, nor does it alter SCO's financials. All it does is change one set of owners for another.

    Remember stockholders enjoy limited liability; SCO investors can't be held liable for the company's actions for a larger amount than their investment. Novell can't go against SCO shareholders, and SCO shareholders can dispose of their equity as they want; it's none of Novell's business.

    1. Re:No, stockholders have limited liability. by Anonymous Coward · · Score: 0

      Nope. A change in ownership t doesn't alter any of SCO's obligations towards Novell, nor does it alter SCO's financials. All it does is change one set of owners for another. Remember stockholders enjoy limited liability; SCO investors can't be held liable for the company's actions for a larger amount than their investment. Novell can't go against SCO shareholders, and SCO shareholders can dispose of their equity as they want; it's none of Novell's business.

      This is entirely false. Shareholders can not avoid a debt dividing a company half with assets on one side and debt on the other.

    2. Re:No, stockholders have limited liability. by Estanislao+Mart�nez · · Score: 1

      Shareholders can not avoid a debt dividing a company half with assets on one side and debt on the other.

      Where did I claim such a thing?

      Also note that your formulation implies that the shareholders owe the company's debt. I assume you know better.

  43. Follow the money by Daniel+Phillips · · Score: 1

    Who is York Capital and what is the connection to Bill Gates?

    --
    Have you got your LWN subscription yet?
  44. Re:100% incorrect, as stated. by NormalVisual · · Score: 2, Insightful

    I didn't address your critique because I didn't want a flamewar.

    Then perhaps you shouldn't have acted like a total asshole.

    --
    Please stand clear of the doors, por favor mantenganse alejado de las puertas
  45. Re:100% incorrect, as stated. by poetmatt · · Score: 1

    yeah, I probably look like one at this point and smell like one too, lol. However, is it automatically impolite to post a correction (and state someone is incorrect) as a reply to misinformation? Regardless of if my wording was considered insulting?

  46. Just needs a new marketing campaign by vimh42 · · Score: 1

    NEW SCO 2.0 BUY NOW!!

    1. Re:Just needs a new marketing campaign by Gordonjcp · · Score: 1

      NEW SCO 2.0 BUY NOW!!

      Nononono... NEW! Sco.licio.us 2.0 Beta! Get your invites here!

  47. I Apologise for my bias by WebCowboy · · Score: 1

    ...however I am only human and I hold enterprises that use litigation as a primary business model in pretty low regard. Plus sometimes being a little "trollish" elicits a mire lively discussion on the topic.

    Obviously, the SCO IP isn't quite as fresh as it once was, but, there'd still be gems to be mined.

    The tone of the article submission not only comes from my distian at Darl & Co's business conduct, it comes from personal experience with the product itself. You are being extermely charitable when you say SCO's IP "isn't quite as fresh as it once was". Their UNIX technology was already very stale when Ransom Love departed and Darl McBride stepped in and launched into all these lawsuits. UNIXWare 7.0.0, launched in 1997, was truly the last major innovation in SCO operating systems. Two years later 7.1.0 came out that included a few fairly meaningful enhancements to what appeared to be the same underlying system (though not quite as dramatic as, say the move from Kernel 2.4.x to 2.6.x in Linux).

    In the eight years since, however, they've only made incremental changes in their core system (going from 7.1.1 to 7.1.4 kernels in that time)--even Microsoft's glacial progress with Windows outpaced UNIXWare's release time-line. Microsoft Service Packs tended to be bigger, more comprehensive updates than each release of UNIXWare.

    In the time I was involved with UNIXWare in a professional capacity (from 7.0.0 to 7.1.1) I was impressed with its stability but extremely disappointed with its support (very good thing it was stable actually, or the lack of support would've killed it years ago). We struggled to get RAID working (needed to do patches and recompiles), struggled to get tape backup drives to work (no support at all there, we were SOL) and its Windows network interoperability was very weak (VisionFS stank--it was behind the curve on long file name support and performed poorly). Its compiler was also inferior to GCC. Out of frustration we let our SCO agreement lapse, migrated our servers to all Red Hat and stopped including SCO products in our customers' solutions. The best SCO had to offer seemed to be on the Skunkworks CDs and the open source applications on top of the OS (Apache, BIND, Sendmail, and Samba as a replacement for VisionFS), hence the logical move toward a Linux based OS. Things don't appear to have changed--apart from barely keeping up with support for new hardware the only significant changes in UNIXWare since have been to those same open source products. The mine has been completely tapped--no gems left to be found.

    They also (still) have a (declining, but, still present) bucket of support contracts.

    Declining is the key here. Investors don't typically look for businesses in the decline. At least it is a relatively slow decline (compared with the decline of the company itself). Those remaining customers really value stability, however since the product has gone stale there is no incentive to upgrade/enhance, thus no revenue potential. Stability is UNIXWare's hallmark--once you've banged you head against the wall enough getting it to work it keeps working, so UNIXWare users just let it run and don't disturb it--it is never patched and nether hardware or software is upgraded as long as it works...and it works until hardware fails or an application vendor forced their hand and makes them upgrade to support the app, not because the OS is so good.

    In a market where Facebook (without an obvious revenue stream) is valued in the billions

    No sane person would value Facebook at that level--that valuation is given because journalists have taken the agreement of "Microsoft pays x and as part of the agreement gets y percent ownership" and did some Grade 5 maths. MS obviously has motives other than just obtaining an ownership stake and sees value in the deal in other places (access to millions of eyeballs, more on-line presence, access to facebook's resources...).

    you'd have to be an unbalanced zealot to suggest th

  48. That can't be right by einhverfr · · Score: 1

    IBM has patent counterclaims which would follow the UNIX IP. If YCM takes over the UNIX IP, and they let SCO take on the current liability, then IBM's counterclaims could still make their IP worthless.

    Am I missing something? This is not a no-risk deal for YCM.

    --

    LedgerSMB: Open source Accounting/ERP
    1. Re:That can't be right by poetmatt · · Score: 1

      I'm confused if this was meant to be for my comment or the GP, but regardless, its not about the Unix Liability, that has been proven that SCO has nothing. They literally declared bankruptcy the morning before (on a sunday) the determinations to amount owed were to be handed out (which would have nullified any later bankruptcy options). They had already made the determinations that SCO has no IP in Unix for their claims. So we know that they have no IP for unix, however this has been about dodging money. They have been basiclly expending Novell's money via lawyers, and bankruptcy is simply adding to that. However, even the court appointed debt trustee is having issues with the way things are going.

      I agree with you completely in that the IP follows, but I don't think thats the issue, it seems to be more about shifting the cash liabilities out of Novell's reach. Novell doesn't have a suit against YCM even if YCM "controls the Unix IP" because SCO says "here, we'll still keep the liability". YCM is just getting their money back from their investment in SCO (YCM = Microsoft owned Acacia - see other posts in this thread). Sorry if this is worded in a confusing fashion, I do that quite a bit lol.

    2. Re:That can't be right by einhverfr · · Score: 1

      If course they have some UNIX IP. Just not the source for SVRX. For example, I am pretty sure that the source code for every version of Xenix/OpenUnix, etc. is going to be copyrighted by them. That may be sorth something. Part of the issue though is that IBM's patent counterclaims basically can be used to ensure that IBM has control over the use of certain technologies marketed in the past by Caldera/SCO.

      --

      LedgerSMB: Open source Accounting/ERP
  49. You don't say! Really? by celtic_hackr · · Score: 1

    Well here's another angle for you.

    People used to say the same thing about Baystar.

    Could it not be possible that these people have been asked,
    via a shredded email, to do this as a favor to a certain company?

    A company who shall remain nameless, but would promise to direct
    a boatload of money to YCM for doing this?

    Maybe the profit isn't coming from the purchase & resale of SCO,
    but from a kick-back from You-Know-Who?
    And I don't mean Voldemort!

    1. Re:You don't say! Really? by mce · · Score: 1

      Of course the profit could be coming from somewhere else than just sales. Where did I exclude that possibility? Actually, in stating that I wouldn't be surprised to see Novell being involved from before the start, I'm also opening up the path to the idea of additional profit channels. After all, Novell will not get any real money out of SCO anyway unless somebody who actually has money steps in.

      Having said that, any alternative profit making scheme must exist in order to exist. By which I mean: looking at the bottom line of the entire construction (public and non-public parts put together) the party doing the dirty work must have a good expectation of actually making an overall profit. So it will inevitably leave traces at some level.

      Looking at who YCM are and what they do, I doubt any YCM (or BayStar, for that matter) would still do today what BayStar did in 2004. The legal landscape in this case has changed dramatically since then and it has become much much harder to explain such an investment as "we think it's a good deal" while knowing that in reallity it only is a good deal because "you're doing your friend Bill a favour and will recuperate some greenbacks from him later". Especially given that YCM very much tout their "make as few losses as possible" approach as one of the reasons why people and funds should rely on them. As a manager of 11 billion dollars, they wont just throw that away for the sake of a few million and/or a smile from Mr. Ballmer. And definitely not in such a high-profile cases as this one. BayStar actually is the perfect example of what could happen if they're not careful.

  50. Someone called in a favor by V_Pundit · · Score: 1

    This sounds like the kind of thing that would happen if someone at York Capitol Management owed some serious favors to someone at SCO . . . I wonder what favors Darl has parceled out previously to get this?

    --
    that's how I see it anyway . . .
  51. specious by rodentia · · Score: 1

    TFA is misleading. JGD Management is not an umbrella for York Capital Management. The reverse is the case. You do not have to go far to find who is behind JGD Management, from a recent filing for the purchase of a company in Israel:

    The sole shareholder of JGD is James G. Dinan.

    Apparently the Masters of the Universe use php and like diminutive nicknames.

    --
    illegitimii non ingravare
  52. Re:100% incorrect, as stated. by DougJohnson · · Score: 1

    For the record, I agree poetmatt is being antagonistic and I feel he's being pretty arrogant here. I just imagine he doesn't know that he's being such a jackass. Probably he's simply got very very very poor communication skills and doesn't know what he's doing.

  53. Re:100% incorrect, as stated. by Anonymous Coward · · Score: 0

    It's definitely legitimate to post a correction or counter argument to discussions on Slashdot, that's one of the wonderful things about the comments and everyone benefits from well phrased arguments and different points of view. Not to mention a better collection of facts. However if I were to respond to you query or point with something like: 100% Never, absolutely not. No, it's not OK to post corrections, you inconsiderate block-headed imbecile. You're a moron While any given individual may respond politely with "Why isn't it OK to post correction", the majority of people would understandably respond to the latter part of the message.

  54. Re:100% incorrect, as stated. by DeepZenPill · · Score: 1

    You must be new here. Due diligence? Nobody hardly RTFA, are we really supposed to look for more sources?

  55. Re:100% incorrect, as stated. by mrsteveman1 · · Score: 1

    Don't you guys understand that low IDs always win

  56. Sco's deserving Reward by Anonymous Coward · · Score: 0

    Here for those of you who want to see the proper and fitting end of this whole fiasco go here: http://www.netdisaster.com/go.php?mode=bomb&url=http://www.sco.com/

  57. Re:100% incorrect, as stated. by Anonymous Coward · · Score: 0

    - 1 Douchebag

    :-)

  58. I quote my homies from Luniz by XNine · · Score: 1

    "I got 5 on it."

    --
    Never monkey with another monkey's monkey.
  59. Re:100% incorrect, as stated. by fireman+sam · · Score: 1

    No they don't. (Think about it)

    --
    it is only after a long journey that you know the strength of the horse.
  60. why would anyone want SCO? by alizard · · Score: 1

    Hypothetically speaking, let's say there was a company that had just dropped about $6B on a descendant of the NT kernel that's going nowhere in particular, realized that the path to a stable OS is based on a *nix of some sort, and is emotionally attached to proprietary IP. And would like a proprietary *nix with virtualization capability to make it possible to run their legacy OSs in emulation. (it's my understanding that the original Win4Lin IP that Win4lin 9.x was based on was originally from SCO)

    Turning SCO Unix into a modern, viable OS certainly would cost less then $6 billion.

  61. apology by poetmatt · · Score: 1

    For what it's worth, I apologize for bringing out a counter-issue/debate in such an inflammatory fashion....I do think the information was worth a post of opposing opinions but did not mean to do so in the fashion of a personal attack.

    -PM

    1. Re:apology by orcrist · · Score: 1

      Damn. I read this too late. Very big of you, and it looks like you made my other post to you redundant :-P

      --
      San Francisco values: compassion, tolerance, respect, intelligence
  62. Re:100% incorrect, as stated. by orcrist · · Score: 1

    However, is it automatically impolite to post a correction (and state someone is incorrect) as a reply to misinformation?
    No, not automatically....

    Regardless of if my wording was considered insulting?
    This contradicts the 'automatic'. Fact is: you were being -- as Jon Stewart would put it -- dickish. Several others have pointed this out. I'm just adding my voice because you seem very intelligent, and hopefully the chorus of voices will be enough to convince you that you could have made the same correction of facts without being an asshole; And, as a bonus, people might have been educated by your presentation of the facts. Instead, most people probably just tuned out your post as soon as they saw the dickishness. I know I did. In fact, I can't even be bothered to process what you wrote even now.
    --
    San Francisco values: compassion, tolerance, respect, intelligence
  63. Re:100% incorrect, as stated. by Anonymous Coward · · Score: 0

    most people can't even understand what I wrote, so processing it becomes a second step beyond, I've acknowledged that knowing something and presenting it in a usable fashion are far different situations in my book - and yeah, I didn't really think through the whole dickish attitude...not that it's okay, but I guess somewhat on par for someone who's 24.

    -pm