Can you say "the SCO, the" in German? writes "Trading of SCO's stock has been halted on news that SCO has filed for Chapter 11 Bankruptcy. This move just so happens to fall on the eve of SCO's trial with Novell. One would think that their prior boasts were mostly bluster, that they believe they have almost no chance of prevailing at trial, and that they're now desperate to protect their executives from SCO's creditors while seeking yet another delay. From the release: 'The SCO Group intends to maintain all normal business operations throughout the bankruptcy proceedings. Subject to court approval, SCO and its subsidiaries will use the cash flow from their consolidated operations to meet their capital needs during the reorganization process. "We want to assure our customers and partners that they can continue to rely on SCO products, support and services for their business critical operations," said Darl McBride, President and CEO, The SCO Group. "Chapter 11 reorganization provides the Company with an opportunity to protect its assets during this time while focusing on building our future plans."'"

watchingeyes writes "In a ruling on various pre-trial motions in limine and other, similar motions in the SCO vs Novell case, Judge Kimball today issued a ruling striking SCO's demand for a jury trial, ruling that Novell's claims seek equitable, and not legal relief. In addition, he denied SCO's request for entry of judgment that would allow them to appeal his ruling on the UNIX copyrights and Novell's waiver rights, ruling that if SCO wants to appeal any of his rulings, it can do them all at once after trial. He also granted Novell's request to voluntarily dismiss its own breach of contract claim, denied SCO's motion to exclude press coverage and evidence from the IBM case, granted Novell's motion in limine preventing SCO from contesting his summary judgment ruling at trial, granted Novell's second motion in limine preventing SCO from arguing that SCOsource licenses that license SVRx only incidentally aren't SVRx licenses, denied another SCO motion in limine which improperly asked the Judge to issue rulings on contractual issues and denied Novell's final motion in limine which sought to prevent SCO from contesting Novell's apportionment of royalties analysis. Looks like SCO will be facing a trial in-front of a judge which has already ruled against them numerous times."

An anonymous reader writes "SCO is asking the court to enter a final judgment on the Unix ownership issues so that it can seek an immediate appeal. The logic for this, according to Groklaw Editor Pamela Jones, is that SCO would rather appeal right away so it can try all its claims at IBM, should it successfully appeal the judge's order. 'Otherwise, SCO has to wait until Novell goes through trial to a verdict and then appeal, and while it is in the appeal process, IBM would go forward in its now much smaller version, based on the August 10th ruling ... The trial starts, though, in less than a month and it will last less than a week, so none of this makes any sense if you look at a calendar. I think, therefore, it must be about FUD, so it sounds like SCO is on the move again.' The text of the request is available online. "

HailDorothy writes "SCO's stock price is plummeting in the aftermath of Judge Kimball's ruling that Novell owns the UNIX copyrights, as we discussed earlier. '[W]e will continue to explore our options with respect to how we move forward from here,' SCO said in a public statement issued in a futile attempt to calm investors. SCO's stock price has fallen 70 percent during trading today, reaching a 52-week low. It looks like the end is near for SCO, which still owes Novell 95 percent of the SVRX UNIX royalties it collected from Microsoft and Sun through the SCOsource program. As Judge Kimbell noted in his ruling, it's unlikely that Novell will ever be able to collect on those royalties."

An anonymous reader writes "The one summary judgement that puts a stick into SCO's spokes has just come down. The judge in the epic SCO case has ruled that SCO doesn't own the Unix copyrights. With that one decision, a whole bunch of other decisions will fall like dominoes. As PJ says, 'That's Aaaaall, Folks! ... All right, all you Doubting Thomases. I double dog dare you to complain about the US court system now. I told you if you would just be patient, I had confidence in the system's ability to sort this out in the end. But we must say thank you to Novell and especially to its legal team for the incredible work they have done. I know it's not technically over and there will be more to slog through, but they won what matters most, and it's been a plum pleasin' pleasure watching you work. The entire FOSS community thanks you for your skill and all the hard work and thanks go to Novell for being willing to see this through."

duh P3rf3ss3r writes "According to Groklaw, a hearing into seven summary judgement motions in the SCO vs. Novell case has been set for 31 May at 9 am before Judge Dale Kimball. Groklaw's PJ speculates that David Boies may have to show up for SCO just to keep their case alive."

An anonymous reader passes on word of court documents filed by IBM on Friday. The documents contain a copy of a letter, dated 2004, from SCO to IBM's lawyers stating that they tried to keep Linus Torvalds from making disparaging public statements about SCO, speculating erroneously that IBM was the principal funder of OSDL, where Torvalds worked at the time. Quoting: "The company also tried to silence Eben Moglen, the Columbia University professor who, until this month, was a director of the Free Software Foundation, and Eric Raymond, a controversial open-source advocate, saying they claimed to be IBM consultants."

SCO Delenda Est writes "The SEC has given SCO notice that they will be delisted from the NASDAQ if they cannot keep their share price above $1 sometime in the next 180 days. Although they may be able to avoid delisting for a while, their small market capitalization will hinder their efforts. Given their other financials, this just goes to show how desperate their current financial situation is."

rm69990 writes "Novell has filed 4 motions for Summary Judgment against SCO, which essentially ask the court to toss the remainder of SCO's case that isn't already being arbitrated between SUSE and SCO. One seeks a ruling from the court that Novell transfered none of the copyrights in Unix to SCO, which is backed up by many exhibits and declarations from people who negotiated the deal. Another, along the same lines, asks the court to toss the portions of SCO's Unfair Competition and Breach of Contract claims pertaining to the Unix copyrights. The third asks the court to rule that Novell did not violate the Technology License Agreement between SCO and Novell, and last and also least, the fourth seeks to toss the Slander of Title for the additional reason that SCO has failed to prove any special damages. These motions follow 2 motions for summary judgment filed by Novell late last year on 2 of their counterclaims."

hweimer writes "In 2005, SCO got into delisting trouble because they failed to file their annual 10-K report in a timely manner. SCO seems to be headed the same way again for a different reason: the stock price is too low to meet Nasdaq's requirements. Quoting: '[W]hat can a company do to boost its share price? Besides stopping to burn money and come up with a working business model, I mean.'"

Technician writes "It appears that SCO and Groklaw have the exact same tie to IBM: the ibiblio service. 'An eagle-eyed Groklaw ninja, sk43, has spotted an ftp site where you can get binary copies of Linux libraries needed by SCO's OpenServer and UnixWare customers who use lxrun. But you can't get the source code from that sco.com ftp site. SCO directs their customers to .... sunsite.unc.edu. Why bless my stars, sunsite.unc.edu is the old name for what is now ibiblio!'"

Xenographic writes "Remember all the fuss about SCO subpoenaing PJ of Groklaw, where they allege that she's funded by IBM because she once got a publicly available document from a volunteer at the courthouse a little before it hit the Court's website? That's nothing. Groklaw has evidence that other materials have been leaked in this case — but they weren't leaked to Groklaw, and they weren't leaked by IBM. Information about the sealed materials in question made its way to Maureen O'Gara, who wrote a story based on inside information, displaying a positively uncanny insight into what SCO was planning, including far more than just the sealed document a SCO lawyer read out loud in open court. Interestingly, several witnesses report that Maureen O'Gara did not even attend that hearing, leaving us to speculate about her source."

Litigious Bastards writes "SCO has just filed court papers saying that they were unable to subpoena PJ of Groklaw. While they apparently sent their crack team of process servers out looking for random people named Pamela Jones, it would appear that they were unable to locate the bright yellow envelope labeled 'Email PJ' on the Groklaw website to ask for directions to serve her in person. They're once again accusing her of working for IBM or Novell, and Groklaw is now hosting over 20 documents PJ claims were planted in the media in an effort to discredit her. As she says, 'And so the stupidest lawsuit in the history of the world just got stupider. And a whole lot meaner.'"

A Cyclic Graph writes "We finally have a redacted version of IBM's Reply Memorandum in Support of Summary Judgment on Counterclaim 10 in SCO v. IBM. In short, IBM is asking the Court to declare that Linux doesn't infringe upon any of SCO's purported intellectual property. This document is the last word on that matter until the Court either declares there to be no doubt that Linux is free of infringement, or decides that that issue has to be decided by the jury. In their brief, IBM points out that SCO puts forth a convoluted set of non-answers referencing each other to disguise it's inability to answer IBM. Their set of cross-references is so complex that Groklaw readers graphed the claims to make what little sense of them they could."

The Peanut Gallery writes "After years of litigation to discover what, exactly, SCO was suing about, IBM has finally discovered that SCO's 'mountain of code' is only 326 scattered lines. Worse, most of what is allegedly infringing are comments and simple header files (like errno.h). These probably aren't copyrightable for being unoriginal and dictated by externalities and aren't owned by SCO in any event. Above and beyond that, IBM has at least five separate licenses for these elements, including the GPL, even if SCO actually owned those lines of code. In contrast IBM is able to point out 700,000 lines of code, which they have properly registered copyrights for, which SCO is infringing upon if the Court rules that it repudiated the GPL."

iptables -A FORWARD writes "Gov. Jon Huntsman Jr. of Utah reportedly plans to sign a resolution urging Congress to enact the Internet Community Ports Act. The ICPA proposes that online content be divided by port, rather like TVs have channels with adult and family content, so that certain internet ports will be 'clean' — so-called Community Ports — and others will be 'dirty.' Thus, they hope to remove objectionable content from port 80 and require that it be moved elsewhere (port 666 was already taken by Doom, sorry), so that people could more easily block objectionable content, or have their ISPs do the blocking for them. This concept is being pushed by the CP80 group, which is chaired by Ralph Yarro, who also chairs the SCO Group. That probably explains why they didn't choose to adopt RFC 3514, instead."

AlanS2002 sends in a link from a local Utah newspaper covering the SCO-IBM trial. The Deseret News chose to emphasize SCO's claim that IBM hurt SCO's relationship with several high-tech powerhouses, causing SCO's market share and revenues to plummet. "[A]n attorney for Lindon-based SCO said IBM 'pressured' companies to cut off their relationships with SCO. And 'the effect on SCO was devastating and it was immediate'..." As usual Groklaw has chapter and verse on all the arguments in the motions for summary judgement.

A Groklaw Reader writes "After all the wild speculation SCO put forth about Pamela Jones, her alleged subpoena by SCO, and her recent vacation due to illness, we now have Stephen J. Vaughan-Nichols writing to say 'Yes, there is a PJ.' In his own words, he says, 'Let me address this directly. Yes, Pamela Jones is a real person. I've met her several times [...] I consider her a friend. She is not a front for anyone.' Hopefully, this statement will be enough to put those SCO-induced conspiracy theories to rest."

prostoalex writes "MySQL CEO Marten Mickos told Computer Business Review the company plans to go public: 'Now entering its twelfth year, the company has built up just less than 10,000 paying customers, and an installed base estimated to be close to 10 million... When it does go public, MySQL will be one of only a handful of open source vendors to do so. Red Hat, VA Linux (now VA Software), and Caldera (now SCO Group) led the way in 1999 and 2000...'"

inetsee writes "According to Groklaw, SCO has admitted in a 10K filing that if the court grants any or all of IBM's six motions for summary judgement, 'We can not guarantee whether our claims against IBM or Novell will be heard by a jury.' The site goes through a statement by statement run-down of SCO's filing, noting things like the absence of employee numbers (a piece of information they told investors they would disclose). Elsewhere in the document, it is revealed that SCO's stock is in danger of being delisted from NASDAQ, they may come under further litigation from an unrelated legal matter, and SCO is now claiming that OSes like HP-UX and Solaris are derivatives of code that they 'own'. Despite the dire pronouncements throughout the filing, if everything else runs according to plan their 10K indicates they could keep fighting the good fight for another 12 months."