SCO Goes Private With $100 Million Backing

AmIAnAi writes "Just when you thought it was all over, the SCO story takes a new twist. SCO has received $100 million financing from Stephen Norris Capital Partners to get them out of Chapter 11 and go private 'The move gives Stephen Norris, whose namesake founder was a co-founder of private equity giant The Carlyle Group, a controlling interest in SCO, which now has a platform to continue its court battle with Novell Inc. over royalties from the Unix server operating system, SCO's main business ... According to a statement from the company, SNCP already has a business plan for SCO that includes pursuing its legal claims.'"

Comments

Calm down, everyone

[Bruce Perens]

It's abundantly clear that SCO's court case isn't going anywhere and this is a really poor investment. I agree that we should look for who is back-stoping the investment (as last time), because nobody in their right mind would make this investment expecting to make a profit. I don't think it's even worthwhile for FUD value any longer. We've essentially won this case already, there isn't really any going back.

Bruce

Re:Yikes

[milsoRgen]

Does SCO even produce anything anymore? Well yes... UnixWare, OpenServer and Smallfoot.

Certiainly doesn't look like a winning product portfolio, well not in their hands at least.

Wrong. That's the Bushes behind that move.

[leftie]

"The Big Guys Work For The Carlyle Group
What exactly does it do?

To find out, we peeked down the rabbit hole.

FORTUNE Monday, March 18, 2002

The Carlyle Group, a Washington, D.C., buyout firm, is one of the nation's largest defense contractors. It has billions of dollars at its disposal and employs a few important people. Maybe you've heard of them: former Secretary of State Jim Baker, former Secretary of Defense Frank Carlucci, and former White House budget director Dick Darman. Wait, we're just getting warmed up. William Kennard, who recently headed the FCC, and Arthur Levitt, who just left the SEC, also work for Carlyle. As do former British Prime Minister John Major and former Philippines President Fidel Ramos. Let's see, are we forgetting anyone? Oh, right, former President George Herbert Walker Bush is on the payroll too..."

http://www.carlylegroup.net/thebigguys.htm

So now the Bushes are going to send Jim Baker to court to steal Linux.

quoting Groklaw

[christian.einfeldt]

Pamela Jones wrote:

"Hahahaha. Maybe this is the key?

SNCP has developed a business plan for SCO that includes unveiling new product lines aimed at global customers. This reorganization plan will also enable the company to see SCO's legal claims through to their full conclusion.

That's code, I think, for 'this will enable the company to continue to attack Linux'."

Groklaw Coverage

[Anonymous Coward]

http://www.groklaw.net/article.php?story=20080214125705140

Can't believe they forgot the Groklaw link!

Re:Look for more Microsoft money behind

[Otter]

My recollection is that the bin Laden family (not Osama) had a trivial stake in Carlyle, and that both President Bushes have served on its board. The GP's "the Carlyle Group is mostly Bush and bin Laden money" is wildly exaggerated, to put it mildly, although I'd be curious to hear more of his theories about "who might actually be doing what, and what's at stake".

Wrong

[John Hasler]

> SCO has received $100 million financing

SCO has received nothing except offer (which is probably contingent on many conditions). They cannot accept it without permission of the bankruptcy court. To read some actual facts go to Groklaw.

Hey SCO is in Bankruptcy Court

[kilgortrout]

And you can't do a deal like this without authorization from the Bankruptcy Court. This will probably all be part of a Chapter 11 plan of reorganization the details of which have yet to be filed by SCO. The devil is in the details with these things and you can be sure SCO will be out to screw all general unsecured creditors; that's pretty much par for the course in all Chapter 11 plans. Also, expect a lot of Bankruptcy Court litigation over the status of Novell's claim, i.e. SCO will attempt to lump them in with the other general unsecured creditors and Novell will assert its trust theory. At any rate the post petition funding here will not be available to SCO's pre-petition creditors, including Novell. All those claims are dealt with in the CH 11 Plan and are discharged by the approval of the Plan.

Re:One clarification

[fermion]

Further clarification. I believe this deal, if it happens, is initially only worth $5 million.

My first impression is that the bankruptcy are having, or are about to have, some expanding negative effect. This seems a relatively cheap way to solve the problem. If SCO is private, pays off all debtors, then they can defend against external scrutiny, and are free to do as they wish.

The $ 100 million dollar pledge is simply there to say that the company will be funded well enough to pay off future obligations, should they manifest. Furthermore, the additional monies do not seem to be an investment, but a line of credit that the firm will have to repay.

So, in effect, this is appears to be some sort of fancy consolidation loan. Certainly likely done as some sort of personal favor, but I bet no one losses money on it. One hears about these kind of tax shelters all the time.

This doesn't really help SCO much

[Animats]

This doesn't do that much for SCO. It gives Novell, IBM and Red Hat cash to go after. Remember, there are substantial legal claims against SCO, and those claims are on much stronger grounds than SCO's claims against anybody.

SCO is headed for their day in court:

U.S. District Court - District of Utah - Court Calendar
Honorable Dale A. Kimball
Tuesday, 04/29/2008
08:30 am: SCO Grp v. Novell Inc (2:04-cv-00139-DAK-BCW) Bench Trial

The only question in that trial is how much money SCO owes Novell. SCO will appeal, but they are unlikely to win.