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SCO Wants Summary Ruling, Wants To Appeal Unix Ownership Decision

Posted by Zonk on Fri Aug 31, 2007 12:54 PM
from the before-the-door-shuts dept.
Patents Caldera Government Software The Courts Linux News
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. "
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Submission: SCO appeals Unix ownership decision by Anonymous Coward
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  • Settlement (Score:3, Insightful)

    by COMON$ (806135) * on Friday August 31 2007, @12:59PM (#20427141) Journal
    There is NO WAY a settlement could possibly pay for the cost of this legal fiasco. SCO's dignity was shot a long time ago, even if they do prove their case they will still look like an ass and their ship will sink.

    • Re:Settlement (Score:4, Insightful)

      by Xtifr (1323) on Friday August 31 2007, @02:00PM (#20427775) Homepage
      It's not about the company any more making money any more. Bankruptcy is pretty much a foregone conclusion at this point. However, the longer the company holds on, the longer the money it technically shouldn't have any more can be spent on executive salaries (and bonuses--Darl has earned all sorts of bonuses for his "creative" approach to company management).

      • Re: (Score:3, Insightful)

        by COMON$ (806135) *
        Exactly, I am not a business guru, but the only positive I can see with that company is padding the executive's pockets. If I were an engineer or dev at SCO I would be fleeing.

  • It's their right to try (Score:5, Insightful)

    by liquidpele (663430) on Friday August 31 2007, @01:00PM (#20427143) Homepage Journal
    But this is the reason this has been going on for so long, the judge wanted to hit all the stops so any appeals would not likely be overturned or may be rejected altogether.

  • Wrong, ill tell you what SCO want (Score:4, Funny)

    by unity100 (970058) on Friday August 31 2007, @01:07PM (#20427249) Homepage Journal
    they want a good old fashioned beating with baseball bats or whips. preferrably in amish country.

  • Ruling (Score:5, Funny)

    by halcyon1234 (834388) on Friday August 31 2007, @01:11PM (#20427281) Journal
    SCO: We want a summary judgment!

    Judge: Fine. In summary, shut the fuck up.

  • "Dead Cat Bounce" (Score:3, Insightful)

    by HotNeedleOfInquiry (598897) on Friday August 31 2007, @01:14PM (#20427325)
    "Even a dead cat dropped off a roof will bounce a little" The stock will bounce up a little bit with the announcement and the investors will have a chance to mitigate their losses slightly. Yawn. /sbin/shutdown -h now

    • "Even a dead cat dropped off a roof will bounce a little" The stock will bounce up a little bit with the announcement and the investors will have a chance to mitigate their losses slightly. Yawn. /sbin/shutdown -h now

      Problem with that is that you know these clowns will surface again, buy some formerly well reputed company with a shaky claim against some cash-rich company, and try the same basic shakedown.

      So it's more like: /sbin/shutdown -r now

      • Problem with that is that you know these clowns will surface again, buy some formerly well reputed company with a shaky claim against some cash-rich company, and try the same basic shakedown.

        I thought Darl & his buddies were just scammin up all the bonuses they could sink their claws into just to not have to actually go to work again.

        It'd be funny if all their bonuses were in SCOX stock with a contract to not sell before the legal system was through chewing them up & spitting them out...

  • Of course, they have no choice (Score:5, Insightful)

    by Opportunist (166417) on Friday August 31 2007, @01:15PM (#20427331)
    They HAVE to appeal. Everything else would be suicide. It's all they got. It's like not appealing a death sentence. Not appealing it means that you already lost. What could they lose? Nothing. What could they gain? Survival.

    Did anyone really think they wouldn't?

    • [Matthias is about to be stoned to death]
      Matthias: Look, I don't think it ought to be blasphemy, just saying "Jehovah".
      [Everyone gasps]
      Jewish Official: You're only making it worse for yourself!
      Matthias: Making it worse?! How can it be worse?! Jehovah! Jehovah! Jehovah!
      (Shamelessly stolen from Life of Brian [wikiquote.org])

      Sorry, you just reminded me of that scene and I agree with both you and Matthias. You might as well appeal that death sentence/court judgement. As is now, they'll almost certainly burn. A small chance of success on appeal sure, but they might as well. Appealing is unlikely to land them in jail after all.

    • What could they lose?

      Nerves, money for lawyers, come to mind as first.
    • Appeals cost money and where is the money coming from? Investors are not irrational people...they know when to cut their loses and retire from the field.

  • This is SCO stalling for time...again (Score:5, Interesting)

    by HangingChad (677530) on Friday August 31 2007, @01:15PM (#20427335) Homepage

    SCO knows their appeal has about as much chance as being stuck in a snowstorm on sunny July day in downtown Dallas. This is SCO trying to get the trial date pushed back far enough they can suck as much cash value out of the company as possible before filing for bankruptcy protection.

    If they lose now they'll leave behind a chunk of cash.

    Hopefully the appeals court opts not to review the case and SCO is dead by Christmas. What a nice present that would be for the holidays.

  • I mean come on guys, haven't you lead them on enough already?

  • The Gift of the SCO Lawsuit (Score:5, Funny)

    by fishyfool (854019) on Friday August 31 2007, @01:17PM (#20427359) Homepage Journal
    In which we find out just how long one can beat a dead horse in the US Court System..

  • If this is granted (Score:3, Funny)

    by Kilz (741999) on Friday August 31 2007, @01:29PM (#20427489)
    The next move from SCO will be a motion to stay everything while they appeal. That will delay everything, which is exactly what SCO wants. They should be made to wait and appeal after they have lost everything.
  • SCOX has just filed this motion. Novell gets 15 days to reply, which puts the deadline in the second week of september. Then SCOX gets 7 days to reply to Novell. But the trial is scheduled to begin on september 17. The easiest thing for the judge to do is deny SCOX's motion as moot and say "don't worry, you'll get your final judgment soon enough".
  • If you're in upper management at SCO, what do you do all day? Wait for the lawyers to call with an update about how it's going?

    If they didn't appeal, I guess the people still on staff would have to go out and get new jobs. That seems inevitable, but I guess they want to put it off.

    It must be a really strange place to work now.

  • $0.46 a share !!!

    It's time to start framing the certificates and moving
    them on eBay for $10 each !

    • That's my idea! I posted it anonymously a few weeks ago, I'm going to sue!

      It's buried somewhere in the original post announcing SCO's losing - go and get me all the comments and I'll show you it in there somewhere. Obviously, it's just a couple of lines...

  • undeadhorse
    This is the first time I've wished I could mod a tag "+1, Funny". (Or should that be "Insightful"? Damn, I can never decide.) Whoever did that, thank you.
  • SCO: I'm not dead!
    Nasdaq: What?
    Groklaw: Nothing. Here's your ninepence.
    SCO: I'm not dead!
    Nasdaq: 'Ere. He says he's not dead!
    Groklaw: Yes, he is.
    SCO: I'm not!
    Nasdaq: He isn't?
    Groklaw: Well, he will be soon. He's very ill.
    SCO: I'm getting better!
    Groklaw: No, you're not. You'll be stone dead in a moment.
    • Just SCO away already! ;)

    • Stick a Fork In Them (Score:5, Interesting)

      by eldavojohn (898314) * <my/.username@@@gmail.com> on Friday August 31 2007, @01:05PM (#20427221) Homepage Journal

      Can't SCO just die already?
      Hey, don't worry, their stock [google.com] is around 60 cents and was at 44 cents. If they drop below a quarter a share, they get delisted (just like SGI). As far as Wall Street (and investors are concerned), you might as well be dead once that happens.

      You can tell how much each of their moves is worth by watching their stock. Lose the Unix case, your stock drops from $1.56 to $0.44. Make a shill appeal and win back 16 cents. Laughable at best.

      Annoying? Yes. Something to worry about? Not at all in my opinion.

      These have been considered junk stocks for awhile. Now they're simply laughable junk stocks. Expect to see them in your spam e-mails with scams claiming they'll be opening at a nickel and closing at a dime.
      • they are probably doing a hail-mary to try and keep from being de-listed ;)

        hehehe.. I like the thought of them being de-listed ... oh' glorious day that will be..

      • Re: (Score:2, Insightful)

        by iminplaya (723125)
        Hey, penny stocks are not the worst investments you can make. You can net a "pretty penny" if you have a good sense of timing.
      • Hey, don't worry, their stock is around 60 cents and was at 44 cents. If they drop below a quarter a share, they get delisted (just like SGI). As far as Wall Street (and investors are concerned), you might as well be dead once that happens.

        You can tell how much each of their moves is worth by watching their stock. Lose the Unix case, your stock drops from $1.56 to $0.44. Make a shill appeal and win back 16 cents. Laughable at best.

        SCO is the perfect example of how the stock market makes no sense. After t

        • Re: (Score:3, Insightful)

          by nuzak (959558)
          > there appear to be many people out there who still think that SCOX has value.

          Las Vegas is proof that people think slot machines have value. It's speculation, not a value investment.

          • Re: (Score:3, Insightful)

            by hawk (1151)
            Maybe if you make that "Indian casinos".

            Las Vegas is not in the same business as Indian and other local casinos and lotteries. They are in the gambling business, while we are in the fantasy business.
            -
            People play there trying to win; people come here (typically) knowing how much they will lose (with a hope to beat the odds). They get off the plane or climb out of the car, and for however many days, they're in a fantasy world.

            The best example may be the guys that would never step foot in a bimbo joint, but

        • Re: (Score:3, Interesting)

          by twistedcubic (577194)

          Does that make any rational sense? It doesn't to me, yet there appear to be many people out there who still think that SCOX has value.

          Actually, for those who bought at $0.44/share, their investment is worth $0.68/share now-- a 54.5% increase in value, in about a week. There are lots of investors who buy when they think the stock is at its lowest possible value (short term or long term). Yes, they're taking a risk, but whether they think SCOX "has value" is irrelevant. I think history tells us that S
      • I think the other poster was on the right track. Clearly the management at SCO doesn't give a damn about the company and are operating in cahoots with the lawyers trying to bleed what's left through salaries and legal fees. They're probably shorting the stock too. At some point maybe the shareholders thought they could get some value out of the company through IP, but now it's just about the executives getting paid to do essentially nothing.

      • A buck is the threshold for delisting, not $0.25. But the exchange can agree to delay the delisting. It is not automatic.

        Also this is the least of SCO's worries. Quite a few companies have been delisted, at least temporarily, and survived. It doesn't change their finances in any direct way.

        The real problem is, SCO may wind up owing Novell the money they obtained from selling licenses to Sun and Microsoft - money they no longer have. Then they are bankrupt.
      • their stock is around 60 cents and was at 44 cents.

        Holy shit! It's going up!!

      • Hey, don't worry, their stock is around 60 cents and was at 44 cents. If they drop below a quarter a share, they get delisted (just like SGI). As far as Wall Street (and investors are concerned), you might as well be dead once that happens.


        Really, they stop taking you seriously if you go under $1 a share. You might not be delisted, but "penny stocks" are rarely given serious consideration by anybody but fools and scammers.

        Chris Mattern

        • d00d, i see you're a subscriber.
          Yeah, the $5 was a lot. I mean, it was a lot! Nearly broke me if I recall. Then I had to go into my user preferences and set it to never use my subscription pages. What brown nosing work! That one time fee of five American dollars is quite the payment, but I think if you ask them real nice, they may be able to work out a payment or leasing plan for you. Look into it.

          i just wanted to know, can you tell me what it's like to be a complete fucking limpwristed brown noser?
          Somedays it's really really hard. I mean, I think to myself, "How can I add to the conversation surrounding this story?" More importantly, I try to make it a rule to post only once to each story because if someone can refute my ideas then I should have prepared for that. I don't just value the ability to hold an opinion, but more so the ability to see all points of view and take them into consideration on your initial assessment of the situation. I'm a big fan of General Buck Turgeson and so I "Hate to judge before all the facts are in," and therefore, I consider my best comments to be those with little or no responses. I've been wrong thousands of times, was even wrong in the above post in that I thought delisting status came at under a quarter, not a dollar. But, hell, someone corrected me, good for them. Can't argue stuff like that. A lot of times, I don't even post I just read others comments because I really don't have anything to add (imagine that!).

          As for my limp wrists, I'm quite sensitive about that and I would appreciate it if you left that out of the conversation. I had a freak teapot lifting accident when I was 8 and ever since then, I haven't been able to lift my knuckles above my ulnae & radii. Go ahead and laugh, all the kids did, I've learned to deal with it and push on. Oftentimes when I look in the mirror I see a fat, slower, stupider Lance Armstrong looking back at me. If Lance beat cancer, I can with God's help beat this horrible limp wrist affliction. Don't even get me started on the birthmark on my nose.

          you're so fucking pathetic that it nearly makes me ill.
          Well, go ahead and add me to your foes and give your foes a -5 modifier. You'll never see my comments again. You do know that Slashdot has that feature, right? I don't understand why it makes you ill. Did I crawl the intarweb to your computer and force you to read my comments and apply them to your skin or else you get the hose again? Truly baffling to me that my posts have the power to be an ailment.

          So tell me, oh valued Anonymous Coward, what did you add to the conversation with your comment?
    • I believe that IBM picked four of it's patents and used them as part of their counter claims. Not entirely sure what became of that part of the case however.

      • IBM dropped their patent counterclaims (Score:4, Informative)

        by stites (993570) on Friday August 31 2007, @01:20PM (#20427387)

        "I believe that IBM picked four of it's patents and used them as part of their counter claims. Not entirely sure what became of that part of the case however."

        IBM dropped their patent counterclaims some time ago.

        -----------------
        Steve Stites

    • If you're an USian, you might as well sit back and enjoy the show -- your tax money paid for it!

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