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SCO Proposes Sale of Assets To Continue Litigation

gzipped_tar sends in this excerpt from the Salt Lake Tribune: "The embattled SCO Group Inc. is proposing to auction off its core products and use proceeds to continue its controversial lawsuits over the alleged violations of its copyrights in Linux open-source software. The Lindon company has filed a new reorganization plan with the federal court in Delaware where it sought bankruptcy protection from creditors after an adverse ruling in the Linux litigation. If approved by a bankruptcy judge, the plan could mean SCO's server software and mobile products lines are owned by other parties while SCO itself remained largely to pursue the lawsuits under the leadership of CEO Darl McBride. 'One goal of this approach is to separate the legal defence of its intellectual property from its core product business,' McBride said in a letter to customers, partners and shareholders. Jeff Hunsaker, president and COO of The SCO Group, said the litigation had been distracting to the company's efforts to market its products. 'We believe there's value in these assets and in order for the business to move forward it's imperative we separate it from our legal claims and we allow our products business to move forward,' he said Friday."

38 of 290 comments (clear)

  1. Wow. Just wow. by DurendalMac · · Score: 5, Interesting

    So Darl is going to basically sell off most of what the company has to continue a lawsuit he has no hope of winning? What the HELL is wrong with this guy? Worst. CEO. EVAR.

    1. Re:Wow. Just wow. by Sponge+Bath · · Score: 5, Insightful

      In a just world, he will die a homeless drug user on the streets.

      Darl does not deserve drugs. How about him dieing a homeless, disease ridden prostitute?
      Then the only change necessary is creditors seizing his home.

    2. Re:Wow. Just wow. by sumdumass · · Score: 3, Insightful

      If you buy into the entire Microsoft paid them to spread FUD about Linux conspiracy, this actually plays directly into it. Vista wasn't the prize puppy MS was wanting it to be. With the economy going down and all of Vista's happiness, companies and people are looking at the FOSS routes a little more. What better way to battle that and ensure MS had a viable product until the economy recovers and windows 7 is making money then to re-raise the Linux is illegal battle.

      Or in other words, nothing is wrong with him that wasn't already wrong with him. He is just needed one more time. I suspect MS or some affiliate of MS is more then willing to buy off the assets.

      This all makes sense if you don't look at him as the CEO of SCO but the employee of a dieing company who is looking to the future.

    3. Re:Wow. Just wow. by Warll · · Score: 5, Funny

      In a just world, he will die a homeless drug user on the streets.

      Darl does not deserve drugs. How about him dieing a homeless, disease ridden prostitute? Then the only change necessary is creditors seizing his home.

      Darl does not deserve sex. How about him dieing a homeless RIAA lawyer?

    4. Re:Wow. Just wow. by chill · · Score: 3, Funny

      In this economy, Darl knows he will never get another job as an executive. I mean how the hell can you spin his tenure as CEO of SCO on a resume? I guess you could say something like "leveraged corporate IP" -- just leave out the part about "just not OUR corporate IP. Heh." And maybe "worked with compliance and legal department to partner with the titans of the computer industry" -- just leave out "it was a forced partnership. Okay, we sued their asses and had ours handed to us on a platter, but still. I've got more balls than brains, it has to count for something!"

      I'd suggest "innovative customer relations program", but the MPAA has them beat on that one.

      --
      Learning HOW to think is more important than learning WHAT to think.
    5. Re:Wow. Just wow. by WhatAmIDoingHere · · Score: 3, Funny

      "This all makes sense if you..." ARE INSANE.

      --
      Not a Twitter sockpuppet... but I wish I was.
    6. Re:Wow. Just wow. by iNaya · · Score: 3, Insightful

      Why not? Death is the natural state for an organism that is no longer functioning correctly. And it would appear that Darl certainly fits within that category.

      --
      The Unicode standard is over 20 years old. Why does Slashdot not support it?
    7. Re:Wow. Just wow. by MooUK · · Score: 3, Insightful

      RIAA lawyers don't deserve death. They deserve a long and very painful and unpleasant life instead.

    8. Re:Wow. Just wow. by el+cisne · · Score: 4, Funny

      "They deserve a long and very painful and unpleasant life instead."

      A job in IT?

    9. Re:Wow. Just wow. by Faluzeer · · Score: 4, Insightful

      snip...I hope the bankruptcy judge finds him PERSONALLY LIABLE and sentences him to jail for THEFT.snip...

      Hmmm

      As stated, I want Darl (& the Sco Group) punished to the maximum extent possible under the law. Darl & Co need to be seen to be punished in such a way that it that acts a deterrent to prevent others from pursuing similar frivolous claims in the future.

      I want Darl & Co. punished for all their lies, I want the Sco Group punished for trying to game the legal system, I want the Sco Group punished for every time they ignored Court Orders, I want their assets seized to pay off creditors, I want the law firms to have to disgorge all funds received from tScoGroup after they entered chapter 11 to help pay off creditors, I want the SEC to investigate tScoGroup and the statements that were made to the court that appear to be different / contradict statements that were made to the SEC...

      Executive summary, I want justice to be done and to be seen to done. Dying a horrendous death is not justice (not even poetic justice), and it is certainly not deserved for what tScoGroup actually did...

    10. Re:Wow. Just wow. by Helge+Hafting · · Score: 3, Funny

      First line tech support for dummy users - for life.

  2. what core product business ? by rs232 · · Score: 4, Insightful

    'One goal of this approach is to separate the legal defence of its intellectual property from its core product business'

    Then why not drop the case and focus more fully on your 'core product business'

    --
    davecb5620@gmail.com
    1. Re:what core product business ? by nizo · · Score: 5, Funny

      Then why not drop the case and focus more fully on your 'core product business'

      At this point he pretty much is.

  3. No SNCP, no Arab sheik by symbolset · · Score: 5, Insightful

    They want to pay Novell in worthless stock.

    And the directors will get their pay in worthless options going forward.

    It's amazing how long this zombie company can stay on its feet.

    --
    Help stamp out iliturcy.
    1. Re:No SNCP, no Arab sheik by Samschnooks · · Score: 3, Funny

      It's amazing how long this zombie company can stay on its feet.

      So that's why Darl and the other directors at the last board meeting kept saying, "Brains! brains! We need brains!"

  4. Is groklaw aware of this new development? by plasmacutter · · Score: 4, Insightful

    The recent story of their cessation to "compile" the history of the case seems a bit premature now.

    That said, I'm beginning to wonder if Darl is playing "weekend at bernies" with the board of directors, because no sane board would authorize the liquidation of the bulk of a company's assets so an obsessed executive can go tilting at windmills.

    --
    VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
    1. Re:Is groklaw aware of this new development? by RichMan · · Score: 5, Insightful

      > because no sane board would authorize the liquidation of the bulk of a company's assets so an obsessed executive can go tilting at windmills

      The decision was made by Ralph J. Yarro III back in 2003 to tilt at the windmill. Darl was hired to lead the charge. Back at the beginning Darl said SCO would pursue this to their "utter destruction" if need be. Well it looks like they are.

      History: SCO, then called Caldera, was Novell's proxy in the DRDOS lawsuit against Microsoft. This lead Yarro, then managing the Canopy investment company that effectively had full control of SCO/Caldera to look for new lawsuit opportunities to cash in on. The decided to attack Linux using their "UNIX IP". To bad there is no UNIX IP in Linux.

      The court system that allows civil cases of this nature is really to blame for the whole thing. SCO's lawyers are now heavily "invested" in the case (at one point they were literally going to be investors in SCO, but then changed their minds to cash up front) and are not really working for justice, but for their piece of the litigation reward pie.

    2. Re:Is groklaw aware of this new development? by kimvette · · Score: 4, Insightful

      Uh, they're still referring to UNIX IP being property of SCO?

      Just how is this possible? It's well-known that Novell owns UNIX IP (maybe not the trademark, but the copyrights, etc. to the code) and as the owner of Unix IP, Novell obviously has no objection to Unix's affecting Linux, since Novell is distributing Linux pretty aggressively.

      On top of that, even if there were Unix code, or even SCO-authoried UNIX code in the Linux kernel, SCO themselves distributed that same code under the GPL releases as Caldera Linux, and later on, SCO Linux.

      Want to know the saddest part of this?

      Prior to Darl's influence, Caldera was a great company. They were founded by former Novell folk who were avid supporters of Open Source. Not free as in beer, but free as in speech, where if you buy a product, you not only get the binaries, but the source so you can fix bugs in the event that the product ceases to be available. They brought DR Dos back to life (and sued Microsoft in the process for their anti-competitive tactics).

      They introduced Caldera Linux, which was a bit ahead of its time. Online repositories accessible through a decent GUI, network management through a usable GUI, and a somewhat polished (for the time) desktop environment, all as open source. The "open" nature of it was touted heavily on it, and although it wasn't my primary OS at the time (I had to work a LOT of hours from home on Windows projects so I dumped Linux for a few years, unfortunately) I liked it a lot.

      Caldera was very open and very pro-open source. The founders saw the vision and potential of open standards. I don't know exactly what prompted the change which brought that shark Darl in, but Caldera was very focused on poising themselves for the open source revolution and the potential for "value-added" services, using the "free/free" aspect to gain market penetration.

      Keep in mind what Caldera was doing then is what Novell and Canonical are doing now, and it's somewhat ironic that SCO (formerly Caldera) was founded by ex-Novell employees who shared the same vision that Novell has FINALLY embraced in recent years.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    3. Re:Is groklaw aware of this new development? by MarkvW · · Score: 4, Informative

      Facts are SETTLED in the trial court. Once the trial court enters its judgment, those facts are set in stone.

      Facts can be undone on appeal only if no reasonable factfinder could have found the challenged facts AND if the party appealing has complied with all the procedural requirements. Thanks to the lawyers, Groklaw, and others, that just isn't going to happen in this case because there is too much evidence supporting the decision of the trial court.

      Facts almost NEVER get rewritten on appeal. The rules are tremendously slanted against that. If a fact gets undone on appeal, the issue gets sent back to the trial court for a new fact determination.

      Groklaw's purpose was help in the development of a factual record in the trial court against SCO. As discussed above, there is no need for factual development on appeal. If the trial court must in the future decide some new facts, Groklaw will doubtless spring into action, but that isn't likely.

  5. Kinda refreshing, actually... by RicardoGCE · · Score: 5, Insightful

    They're finally owning up to what we've known all along: SCO's business is litigation. Server software? Pffft.

    I love the fact that they're willing to sell the very products they're supposedly protecting from unauthorized use of "their" code, just to keep the legal fight going.

  6. What products? by Jailbrekr · · Score: 4, Insightful

    What company would want to adopt or standardize on a product developed by a company that is, for all intents and purposes, dead? Everyone has moved on, be it server side apps or embedded, there are ample companies that have a superior product with a healthy roadmap and no indication that they will not be around in 5 years.

    --
    Feed the need: Digitaladdiction.net
  7. Deck Chairs by pcnetworx1 · · Score: 5, Funny

    Darl has now gone from rearranging the deck chairs on the Titanic, to throwing them overboard...

    1. Re:Deck Chairs by jamstar7 · · Score: 4, Funny

      Darl has now gone from rearranging the deck chairs on the Titanic, to throwing them overboard...

      Queue incoming litigation against Balmer for the concept of 'throwing chairs' in 3... 2... 1...

      --
      Understanding the scope of the problem is the first step on the path to true panic.
  8. Correction and prediction by OpenSourced · · Score: 4, Interesting

    Where is reads :

    Jeff Hunsaker, president and COO of The SCO Group, said the litigation had been distracting to the company's efforts to market its products.

    it should read :

    Jeff Hunsaker, president and COO of The SCO Group, said the efforts to market its products had been distracting to the company's main litigation activity

    There, that's it.

    Now a prediction. I predict that they are going to find a very generous buyer, that will pay much, much more than the market value of the actives, allowing the new, rather hollowed-out SCO to keep on litigating for years. Call it a hunch.

    --
    Rome taught me patience and assiduous application to detail. Virtues which temper the boldness of great, general views.
  9. ...to customers, partners and shareholders. by neonux · · Score: 4, Funny

    McBride said in a letter to customers, partners and shareholders.

    ie.

    McBride said in a letter to his father-in-law, his wife and his mistress, and his grand parents.

    --
    @neonux
  10. Somehow, this reminds me ... by PPH · · Score: 4, Funny

    ... of the Black Knight in Monty Python's Holy Grail.

    "None shall pass!"

    --
    Have gnu, will travel.
  11. In other words, play hide the assets by Trekologer · · Score: 4, Insightful

    It sounds like they're going to sell their assets off to someone else, leaving SCO as just a shell from which to continue the lawsuits and hide away the assets from future claims against them.

  12. if no sale, 10% cut in 280K salary by RichMan · · Score: 4, Interesting

    Ah but if the sale fails to raise sufficient cash the company directors will take a 10% cut in their salaries.

    Is $280k a year a good salary for a CEO of a company that is in bankruptcy and has so far burned through $0.25B of investor capital.

    Oh and there are only 66 employees. I would bet your nearest grocery store is larger than that.

  13. Government Bailout for SCO by dustwun · · Score: 4, Insightful

    I'm actually a little shocked that they haven't requested government financial assistance. It seems to be all the rage for companies with poor products, insane leadership, and failing business models.

    mod this flamebait if you want, it's still true.

  14. Re:Ok what do they have exactly now... by mysidia · · Score: 3, Funny

    Hrm..

    Perhaps IBM could buy them and write itself an unconditional irrevokable retroactive perpetual license to the products. And release them under GPLv3...

  15. McUnix by capnkr · · Score: 5, Insightful

    SCO has a market cap of just over $3 million. IIRC, McDonald's Corp is one of their major customers. That $3mil is pocket change for the $66.95 billion market cap McD's Corp.

    What if McDonald's buys SCO? McD's could hire a couple devs (since that is all SCO needs, apparently..) for maintenance and some support personnel, then service their own stores as well as other existing customers. Maybe they'd wind up saving, if not making, some money in a few years. Perhaps give Darl a store to manage...

    Heh. :)

    Point being, with a market cap of only $3mil, SCO and anything they have/own are basically chump change for a real corporation. So, if the judges (have) let this happen, then, and I hate to even think of it, we'll see this zombie keep stumbling forward...

    --
    "...there are some things that can beat smartness and foresight. Awkwardness and stupidity can." ~ Mark Twain
    1. Re:McUnix by rickb928 · · Score: 3, Interesting

      Another possiblity is for McDonald's to buy SCO and then lhave the POS software ported to another platform. There are many, and Solaris might be the winner there.

      Then SCO can truly die.

      ps- This would be very difficult for the bankruptcy judge to turn down. Might be cheaper to McD's than licenses. Would still give ignat money to pursue his stupid suit.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
  16. Re:They don't want to be able to pay Novell/IBM by jbengt · · Score: 4, Informative

    A substantial number of us thought the bankruptcy trustee would put an end to SCO's shenanigans. Sadly, this hasn't turned out to be the case.

    That's one of the reasons so many companies incorporate in Delaware.

  17. Beyond Horrible. by misterjava66 · · Score: 3, Interesting

    Imagine, a company selling off its primary assets to fund a shakedown lawsuit. If this is not proof that america is too litigious, what could be proof. This demonstrates just how sick this sue-for-profit legal system is. If sue-for-profit did not exist, SCO would be off trying make good products now and linux users would have never been intimidated. Sad sad day for our culture to see this continue yet again.

  18. Giving up pretense by sjames · · Score: 3, Interesting

    SO, SCO wishes to give up any pretense of doing anything productive at all now or ever again so they can divy up the only remaining value amongst the lawyers and executives and have nothing left to pay their creditors. It sounds like they've also given up all but the slimmest pretense of even attempting to provide ROI for their stockholders.

  19. You've got to understand what Darl is doing by EmbeddedJanitor · · Score: 5, Insightful

    SCO's lawyers include Darl's brother, Kevin. Turning SCO's assets into legal fees gets the money out of the company and into the family. At present SCO is dead in the water like a floating wreck. It still has some value on board. This strategy converts some of that into cash which can be trans-shipped into the family as legal fees.

    --
    Engineering is the art of compromise.
  20. Re:So what? by jamstar7 · · Score: 3, Funny

    Oh, shut up, Darl.

    --
    Understanding the scope of the problem is the first step on the path to true panic.
  21. Professional guild by mcrbids · · Score: 3, Insightful

    The law is unjustly lenient in cases like this precisely because it is being abused by lawyers, and most laws are written by lawyers. I don't know anyone else who could write them, but it creates an inherent bias in favor of those acts that lawyers perform and others don't. And in favor of those acts that people who hire lawyers perform and others don't.

    Lawyers will tend to work with other lawyers because they are both... lawyers. They are part of a guild, a professional brotherhood, united by common experience and training. Whether this is a bad thing is a matter of opinion, but it's a reality shared among lawyers, and any other professional group.

    Think about it; when you start talking about firewalls, routing tables, and process management, are you going to consider the input of somebody who is clueless about such things over somebody who knows the difference between a default deny firewall and a NAT firewall?

    And to every non-techie person who has to try to work with you, aren't you going to seem a bit, eh, elitist when you pay close attention to an arsehole who is speaking intelligently while ignoring the non-techies, who use words like "series of tubes" to describe technical details?

    This isn't an issue with lawyers, it's an issue with all of mankind. Doctors listen to other doctors and ignore "lay folk". So do IT/techies, contractors, politicians, lawyers, accountants, mechanics, engineers, architects, scientists, and pilots. A techie thinks the technically insecure doctor is an idiot for not installing an anti-virus or doing backups. The doctor thinks an unhealthy techie is an idiot for not losing weight and quitting smoking.

    Welcome to life, folks. You cast the shadow you leave behind. It's OK - it's just humanity, each making judgments according to their own experience!

    --
    I have no problem with your religion until you decide it's reason to deprive others of the truth.