The odds of Novell seeing the money are slim, however, since they have run to the bankruptcy court after assuring Kimball they wouldn't, and obviously done so in an attempt to continue doing thing they wouldn't be able to with the trust in place, they run the risk of Novell suing to pierce the corporate veil.
Should that happen, Darl and company are on the hook personally for the $$ owed, and may also face criminal charges. Wouldn't that be sweet?
Covert funding, it may have been, but it was in the form of paying license fees, therefore they are license fees.
If I buy your car for 75K when it was only worth 5k, so that you can use the money to build a new house, and then it's discovered that the car was really your Uncle Ned's, guess who get the money? Yep, Uncle Ned, as you're not allowed to steal his property and sell it. It doesn't matter that the car was only worth 5k, I bought it for 75K, and that purchase price belongs to the rightful owner.
No, the reason for the Constructive Trust is so that SCO won't "convert", or use for their own purposes, the money owed to Novell. Although the Bankruptcy Judge doesn't allow Kimball to impose one, and reserves that right to himself, the law requires that money NOT belonging to the bankrupt company be separated and given to whom it belongs BEFORE the rest of the funds are divided up. Since there won't be any other funds left by that time, there will be no bankruptcy. Or rather, no division or remaining assets, it SCO is being truthful about liabilities vs assets.
In other words, if I have 50K (cash) of the 100K I stole from you, and declare bankruptcy with 75K of total assets and 200K of debts, You get your money first, and my creditors get nothing. Anything else and YOU end up paying for my bankruptcy, not fair at all.
Are you kidding? There's always a lot of big corporations that want someone who can lie with a straight face! Too bad Enron is already under, they would have LOVED him!
No one will buy SCO, because there will be nothing left to buy. SCO will end up owing Novell more than they are worth, and since it's Novells money that was supposed to be a pass-thru, i.e., never SCO's to begin with, they cannot bring it into the bankruptcy to pay other creditors.
Novell will end up taking the remains of SCO in payment, including getting Unix back (the rights to sell it, since they already own the IP). They may even end up open-sourcing Unix just to forever lay such claims to rest. After all, Unix now has no real value, as recent (lack of) sales indicate.
Since this is in Bankruptcy Court, the Bankruptcy Judge will determine if SCO has enough cause to justify spending someone else's (Novell's) money (which, when put in a Trust pending appeals, would kill SCO by itself) to spend on lawyers for an appeal. Since by this time SCO will have no operating capital, and no future, the Judge will say no, hand the remaining assets to Novell and tell everyone else, "Sorry, there's nothing left for you!"
No, this prick's logic is that he's too cheap to buy an OC3 line, even tho' he has the money to do so. THAT would speed up his internet!
Imagine someone on the Autobahn who could easily buy a Ferrari or Lamborghini complaining that there are too many VW's clogging the road, and they want them banned so that his VW can go faster. If you want greater internet spped, pay for a friggin' bigger pipe. If you're too cheap to do so, quit complaining that others are using the service they paid for in a manner consistent with the Terms of Agreement of their ISP.
But now that you know it's there, use it to your advantage!
Scenario: Criminal breaks in. You hide behind/under the bed, dial 911 and throw cell phone into closet. It yells "I'm dialing 911". Criminal yells, "No, I'll kill you first", goes for closet. You shoot the bastard, saving your tax dollars being wasted on a trial. It's all caught on the 911 tape, and investigators conclude you were in direct fear for your life and acted appropriately.
Next, you sue the Cell phone company for putting you in danger and giving you the emotional distress of having to kill a human being, resulting in your retirement fund being fully funded early, and you moving to the Bahamas to live a life of ease.
More importantly, how are they going to use this data to predict climate change without a long term dataset to compare it to? A few days ago, it was getting warmer each day, leading me to "believe" that summer was coming. Now it's suddenly gotten quite cold here, and I have to conclude that the next Ice Age is upon us.
Of course, comparing it to the long term dataset in my memory, I now realize that we just had a bit of "Indian Summer" during our normal Autumn, and that Winter is soon to rear it's cold, gray head.
The point being, too often today researchers (most of whom get paid by grants, and get more grants when they have to study more because the preliminary data suggest a catastrophe in the making) are too quick to analyze data that has been collected in a very short period, skewing the results.
The actual problem was that he was going there to get a return of the money he lost in a 419 scam, and taking 2.5 billion out of the Nigerian economy would be a drain on services and a nuisance to all the officials who took bribes as a part of the scam.
Actually, I'd like to see a program that re-routes all 419 scams to Russia, and all RBN traffic to Nigeria. Throw in a few of the other bad sites, too. Just let them all have a private interspammernet.
Yes, it does come from the zombies, but the zombies are made that way because of the malware that comes, in part, from the RBN. Block the RBN and you'll have an easier time cleaning up the zombies, as less new ones will be created.
Atheistic Big Bangers who scoff at my for believing in God always end up with egg on their face for believing something very similar to what I believe.
ABB "Where did God come from?"
ME "He always existed."
ABB "That's ridiculous!"
Me "How does this Big Bang theory go?"
ABB "Well, all matter and energy were compressed into this singular point, and..."
Yes, there are problems with not enough hardware for peak usage, trying to make a one-size-fits-all piece of software, etc. However we must realize that if a teacher (or anyone) is supposed to be paid X dollars per week, and the check is written wrong, it's probably because someone making $12/hr keypunched in the wrong salary.
The OSFA software model is a problem, too, I'm sure, because it often can't be configured to do exactly what's needed for your industry. I have a customer on QuickBooks that still has to manually figure time cards because of weird union rules that it can't handle. The cost of custom software, however, makes it impractical to have something written for him.
Re:Corporate veil about to get shredded
on
Novell to SCO - Pay Up
·
· Score: 2, Interesting
I do. There is the issue of conversion - stealing someone else's money and using it as your own. The way SCO has spent money on bonuses the day before the bankruptcy filing, the hiring of a temp CFO at $150/hr ($105 wages and $45 to the temp agency), along with various other things that have happened in this case does not make them look too good.
I especially like telling Judge Kimball there's no need for a constructive trust because they won't be going bankrupt, then turning around and filling Chapter 11.
Add to that announced plans to burn thru their money with overpriced lawyers, and whatnot, knowing it's someone else's money your spending, and the behavior becomes criminal. That's a good reason to pierce the corporate veil! However, IANAL.
I live in America, where, if you're rich or smart enough, you're innocent until proven guilty.
I can lend my car to strangers w/o voiding my insurance, and, thanks to Hillary's testimony before Congress in the 90's, "I don't recall" is perfectly acceptable as an answer.
Here the red light cams are all about $$$$. Pay us $100, and you get no points against your license for this moving violation. Challenge us and well, we have no proof it was you, and the camera company is getting 75 of the 100 dollars, so it's really not worth the fight. I really wish everyone would fight them, but some people are too afraid to, or think that $100 isn't worth their time to make a call to say, "I'll see you in court!"
Better yet would be some nefarious prankster botting the RIAA leaders w/ file sharing software, and letting them go after themselves! If I can get out of a red-light camera ticket by making them prove I was in the drivers seat, how come the same doesn't hold for a computer that many people may have access to?
In my area it's either light pollution or crime. Having been the victim of a couple of car break-ins because we didn't have the outside lights on, I choose light pollution.
It's either that or armed guards, and electric is cheaper.
What a great idea! Smash the free competition with your version that requires users to fork out hundreds of dollars to get what they can have from the other guy for nothing.
I'm gonna use this model to build a pay per url web and make billions! I just know everyone will want to use MY web, because by paying for it, they'll know it has real value, unlike that free junk!
Slashdot Mirror
Should that happen, Darl and company are on the hook personally for the $$ owed, and may also face criminal charges. Wouldn't that be sweet?
If I buy your car for 75K when it was only worth 5k, so that you can use the money to build a new house, and then it's discovered that the car was really your Uncle Ned's, guess who get the money? Yep, Uncle Ned, as you're not allowed to steal his property and sell it. It doesn't matter that the car was only worth 5k, I bought it for 75K, and that purchase price belongs to the rightful owner.
In other words, if I have 50K (cash) of the 100K I stole from you, and declare bankruptcy with 75K of total assets and 200K of debts, You get your money first, and my creditors get nothing. Anything else and YOU end up paying for my bankruptcy, not fair at all.
Novell will end up taking the remains of SCO in payment, including getting Unix back (the rights to sell it, since they already own the IP). They may even end up open-sourcing Unix just to forever lay such claims to rest. After all, Unix now has no real value, as recent (lack of) sales indicate.
Since this is in Bankruptcy Court, the Bankruptcy Judge will determine if SCO has enough cause to justify spending someone else's (Novell's) money (which, when put in a Trust pending appeals, would kill SCO by itself) to spend on lawyers for an appeal. Since by this time SCO will have no operating capital, and no future, the Judge will say no, hand the remaining assets to Novell and tell everyone else, "Sorry, there's nothing left for you!"
Imagine someone on the Autobahn who could easily buy a Ferrari or Lamborghini complaining that there are too many VW's clogging the road, and they want them banned so that his VW can go faster. If you want greater internet spped, pay for a friggin' bigger pipe. If you're too cheap to do so, quit complaining that others are using the service they paid for in a manner consistent with the Terms of Agreement of their ISP.
Scenario: Criminal breaks in. You hide behind/under the bed, dial 911 and throw cell phone into closet. It yells "I'm dialing 911". Criminal yells, "No, I'll kill you first", goes for closet. You shoot the bastard, saving your tax dollars being wasted on a trial. It's all caught on the 911 tape, and investigators conclude you were in direct fear for your life and acted appropriately.
Next, you sue the Cell phone company for putting you in danger and giving you the emotional distress of having to kill a human being, resulting in your retirement fund being fully funded early, and you moving to the Bahamas to live a life of ease.
Of course, comparing it to the long term dataset in my memory, I now realize that we just had a bit of "Indian Summer" during our normal Autumn, and that Winter is soon to rear it's cold, gray head.
The point being, too often today researchers (most of whom get paid by grants, and get more grants when they have to study more because the preliminary data suggest a catastrophe in the making) are too quick to analyze data that has been collected in a very short period, skewing the results.
Could this have anything to do with stability? Or perhaps the long march toward Longhorn that keeps getting longer, even as features keep getting cut?
Precisely the problem. If they let him in, he'll find out it was all diverted to greedy government officials and cut them off!
ABB "Where did God come from?"
ME "He always existed."
ABB "That's ridiculous!"
Me "How does this Big Bang theory go?"
ABB "Well, all matter and energy were compressed into this singular point, and..."
ME "Where did it come from?"
ABB "It was always there..."
The OSFA software model is a problem, too, I'm sure, because it often can't be configured to do exactly what's needed for your industry. I have a customer on QuickBooks that still has to manually figure time cards because of weird union rules that it can't handle. The cost of custom software, however, makes it impractical to have something written for him.
I especially like telling Judge Kimball there's no need for a constructive trust because they won't be going bankrupt, then turning around and filling Chapter 11.
Add to that announced plans to burn thru their money with overpriced lawyers, and whatnot, knowing it's someone else's money your spending, and the behavior becomes criminal. That's a good reason to pierce the corporate veil! However, IANAL.
I can lend my car to strangers w/o voiding my insurance, and, thanks to Hillary's testimony before Congress in the 90's, "I don't recall" is perfectly acceptable as an answer.
Here the red light cams are all about $$$$. Pay us $100, and you get no points against your license for this moving violation. Challenge us and well, we have no proof it was you, and the camera company is getting 75 of the 100 dollars, so it's really not worth the fight. I really wish everyone would fight them, but some people are too afraid to, or think that $100 isn't worth their time to make a call to say, "I'll see you in court!"
God: "Okay, lets have a contest."
Scientist reaches for some dirt... God: "Oh No! You go make your own dirt!"
Replicating a complex acid (the A in DNA) is NOT creating life.
1) Get the enemy to do horrible things at your direction.
2) Hope no one notices that you are really calling the shots.
3) Make them look unreliable
4) Profit!
It's either that or armed guards, and electric is cheaper.
I'm gonna use this model to build a pay per url web and make billions! I just know everyone will want to use MY web, because by paying for it, they'll know it has real value, unlike that free junk!
In the virtual world I created, Smorgons are 6 meters tall, shoot acid out of their noses, and have been known to breed 10 offspring in a month.
In the real work, however Smorgons don't exist, so therefore I must conclude that virtual tells us nothing about actual.