Please create an account to participate in the Slashdot moderation system

 



Forgot your password?
typodupeerror
×
Caldera The Almighty Buck Government The Courts Your Rights Online News

BayStar Sets Lawyers on SCO 377

myster0n writes "According to The Register: 'SCO's attempts to rescue its relationship with BayStar, its biggest backer, have come to naught. On Friday morning, Eastern time, SCO announced that the stock buyback deal it agreed with the unhappy investor had closed. Two hours and five minutes later, Baystar issued a statement saying that a) no it hadn't and b) we'll see you in court, matey.'" Thanks to The Reg for the write-up.
This discussion has been archived. No new comments can be posted.

BayStar Sets Lawyers on SCO

Comments Filter:
  • by Otter ( 3800 ) on Monday July 26, 2004 @10:39AM (#9801315) Journal
    ...I'd advise drawing from this is to avoid business relationships with either of these companies.
  • Pains (Score:5, Insightful)

    by Zorilla ( 791636 ) on Monday July 26, 2004 @10:40AM (#9801328)
    Looks like SCO is about to finally see the damage they cause when they burn bridges via litigation. The less "business partners" SCO has, the shorter their life expectancy, which doesn't seem to consist of more than suing everybody, will be.
  • by Saeed al-Sahaf ( 665390 ) on Monday July 26, 2004 @10:42AM (#9801356) Homepage
    This still doesn't represent any real threat to SCO because it is just a maneuver by BayStar to get the terms they want. SCO can't afford to have a protracted fracas with BayStar, so almost certainly there will be a settlement soon. This is all just pre-resolution chest thumping. S.O.P.
  • ....as SCO's stock [yahoo.com] skis ever downwards.
  • SCO Confused? (Score:2, Insightful)

    by TheLetterPsy ( 792255 ) on Monday July 26, 2004 @10:45AM (#9801396)
    From the second article:

    SCO maintains that it has been a paragon of virtue and transparency throughout

    Maybe a paragon of Corporate Virtue and Transparency . . . an oxymoronic (or simply moronic) statement in itself. But most definitely that group has been anything BUT virtuous or transparent.
  • by phritz ( 623753 ) on Monday July 26, 2004 @10:45AM (#9801405)
    It is not OK just to copy and paste the article text in your article submission. You can say something like 'The Register writes " ..."' but you can't just take credit for it. And come on, Hemos, can't you RTFA before you post it?
  • by Dumbush ( 676200 ) on Monday July 26, 2004 @10:48AM (#9801435)
    hmmm... while reading that, I kept thinking about the Bush administration for some reason...
  • by geomon ( 78680 ) on Monday July 26, 2004 @10:49AM (#9801448) Homepage Journal
    You've got to wonder how much longer they can stand this abuse [yahoo.com].

    Looking at their quarterly income and cash flow statements, one can only draw one conclusion; SCO will be out of cash in roughly three to four quarters without a significant cash injection from an interested party.

    Their stock price sucks, their product sucks, their management sucks, and they have NO customer good will. They have no prospects for income and roughly $60M in cash. At $12M+ losses per quarter, they will barely make it to the close of FY05.

    I would hate to work there.

  • by EvilLordSoth ( 770297 ) <EvilLordSoth@@@yahoo...com> on Monday July 26, 2004 @10:54AM (#9801498) Journal

    BayStar ABSOLUTELY MUST do this! Otherwise, IBM and the others will be able to get the information about the link to Microsoft (read the Halloween Memos if you don't know what I'm talking about). They ONLY way to keep that information secret (and protect Bill) is to get it wrapped up in a lawsuit with "confidential" terms and a confidentiality agreement.

    This has NOTHING to do with getting back the money they were instructed to channel to SCO.

    So while we are all sitting around laughing at SCOX Baystar is definitely pulling a fast one to COVER THEIR investor's ASS(ETS).

  • Short. (Score:2, Insightful)

    by Anonymous Coward on Monday July 26, 2004 @10:56AM (#9801522)
    For all of you who were wondering when is the time to short SCO stock (that just wanted to catch a short-term rather than long-term short), this is your signal. I feel bad for some of you that have had to run it gradually, but you can't just go on geek hunches.

    SCO not only just killed themselves, but they ensured a VERY steep decline. Baystar did this just right, issuing a press release on a Thursday. It ensures a huge drop today.

    Since its founding in 1998, BayStar has never before sent a letter to a company seeking its money back, as it has with SCO.

    SCO's stock price, which fell 38 cents yesterday to $6.80 a share, has dropped 30 percent since last Thursday, the day BayStar sent its redemption letter.

    "Keep riding" for those that got on early.

  • by Greyfox ( 87712 ) on Monday July 26, 2004 @10:57AM (#9801542) Homepage Journal
    I'm sure Microsoft will find a way to keep them going longer. Since everyone now knows about their involvement with the company (Which didn't raise FTC eyebrows?) they could probably just buy the SCO outright and keep it going until all the court cases have been resolved. That'd be another decade of relatively inexpensive FUD against their main competitor, at which time they could figure something else out. Maybe break off a couple billion dollars and infuse it into their favorite political party in return for making open source illegal. When you can afford to give away over thirty billion dollars to your shareholders, a couple billion here or there to preserve the monopoly is a drop in the bucket.
  • Good. (Score:3, Insightful)

    by Jesrad ( 716567 ) on Monday July 26, 2004 @11:06AM (#9801631) Journal
    I see we're now in the "SCO becomes laughing stock of the IT industry" part. In fact, I think we're about to enter the "SCO shareholders gather to file a class-action lawsuit against Darl and his clique" part.
  • by UnknowingFool ( 672806 ) on Monday July 26, 2004 @11:10AM (#9801669)
    According to SCO, at the root of the disagreement are BayStar's claims that there are inconsistencies between public and private statements made by the software company.

    Really given SCO's history of statements, does this come as surprise to BayStar?

    It's sorta like on Springer when a wronged boyfiend/girlfriend/spouse comes on to complain how their partner has cheated on them. It's ironic though if the guilty party says something like "Babe, how do you think we met? I was cheating on so and so with you! Babe, you knew how I was before we started dating."

    I pray that Darl doesn't wind up on Springer wearing a wife-beater. The usual pattern is that by the end of the show he's stripped down to nothing. [shudders]

  • Dogs-Fleas (Score:3, Insightful)

    by Johnny Mnemonic ( 176043 ) <mdinsmore@NoSPaM.gmail.com> on Monday July 26, 2004 @11:13AM (#9801699) Homepage Journal

    If you lie down with dogs, you might wake up with fleas.
  • by mark-t ( 151149 ) <markt AT nerdflat DOT com> on Monday July 26, 2004 @11:13AM (#9801701) Journal
    It would set a bad precedent that other struggling companies would try to follow. Release tons and tons of FUD to make your stock price go up for a little while and hope for a large buyout settlement at the end.
  • by Oddly_Drac ( 625066 ) on Monday July 26, 2004 @11:17AM (#9801746)
    "They ONLY way to keep that information secret (and protect Bill) is to get it wrapped up in a lawsuit with "confidential" terms and a confidentiality agreement."

    Zounds, that must be the trick the bounders are pulling. I mean it was only because the Halloween documents came tagged with 'press release' that we actually saw them.

    "This has NOTHING to do with getting back the money they were instructed to channel to SCO."

    Well, there you're right. It's the difference between what SCO said they were doing and what SCO actually did coupled with what SCO told Baystar compared with what they claimed in teleconference.

    As for 'instructed', I take it that you've had limited exposure to venture capital?

  • by Anonym0us Cow Herd ( 231084 ) on Monday July 26, 2004 @11:19AM (#9801762)
    'SCO maintains that it has been a paragon of virtue and transparency throughout, and that everything it said publicly and privately is true. But, and this should come as no surprise, it won't had over the documents BayStar wants to see. It says this is to "protect the confidential and proprietary nature of the information" and to "avoid fostering speculation regardng its SCOsource business".'

    I love that one. Everything we said in public and in private is true -- even though they are contradictory.

    SCO must protect the confidential "IP" in the documents, and therefore cannot let Baystar see the documents. After all, Baystar might discover SCO's proprietary trade secret business model of saying one thing to the press and to prospective investors; but saying something else in court filings and SEC filings.
  • by Anonymous Coward on Monday July 26, 2004 @11:20AM (#9801779)
    Look, SCO is already dead. Kaput.

    Baystar are the people who funded this whole debacle, and I'd like to see them spanked hard. The only way to do that is if they lost their *ENTIRE* stake in this dubious venture.

    People, vote for SCO in this one. Suck Baystar dry.
  • by Talonius ( 97106 ) on Monday July 26, 2004 @11:25AM (#9801838)
    When you fight a war with sharks keeping the waters clear for you, you have to beware of when the sharks decide that you are a better meal than the scum you're letting float by.
  • by schon ( 31600 ) on Monday July 26, 2004 @11:37AM (#9801956)
    What if SCO is right?

    Well, as that's one of the signs of the Apocalypse, I think we'll all have bigger things to worry about.

    Seriously - wondering "what if SCO is right?" is like wondering "what will I do if monkeys fly out of my butt?" After all, you've never had monkeys fly out of your butt before, so therefore the longer you go without having monkeys fly out of your butt, the greater the chance that they eventually will, right?

    the length this has drawn out does make one wonder.

    The length of time is simply a demonstration of how long someone can game the system. Why not simply ask "why has this drawn out so long, and SCO has yet to produce a single shred of evidence to support their claims?"
  • by Zak3056 ( 69287 ) on Monday July 26, 2004 @11:39AM (#9801974) Journal
    It says this is to "protect the confidential and proprietary nature of the information" and to "avoid fostering speculation regardng its SCOsource business"

    The thing that really gets me about that one is that the two million or so shares Baystar is due represents about 1/6th of SCO's outstanding shares. So SCO is basically saying it needs to keep "proprietary data" secret from the people who own over 15% of their company. How the hell does THAT make any kind of sense?

  • by RelliK ( 4466 ) on Monday July 26, 2004 @11:42AM (#9802002)
    It is not in Microsoft's interests to buy SCO. When SCO's lawsuit crashes and burns (it will take a while but it is inevitable), SCO will become a HUGE liability. IBM, RedHat, Novell, as well as any other Linux company, could then go after Microsoft for damages and put a significant dent in their $50 billion warchest. That is why Microsoft want to keep SCO at arm's length and downplay its involvement in the scam.
  • by Anonymous Coward on Monday July 26, 2004 @11:55AM (#9802113)
    Really, there will be a sad end to all of this... The fact that Daryl will be able to walk away with millions from his previous endeavors saying, "Ah well, we gave it a shot anyway..."

    That's right, after all the lying and cheating he will walk away... When he should be in jail.. All because when big businesses make pulic claims they are just "stating their opinion" and aren't held accountable for what they proclaim.
  • by surprise_audit ( 575743 ) on Monday July 26, 2004 @02:23PM (#9803994)
    This was probably just them dipping a toe in the water. Hell, they've destroyed SCO (who had an old Unix and their own version of Linux), cost IBM plenty (those lawyers have to be paid), discredited Novell (what exactly do they own?) and made a lot of people think twice.

    On the other hand, there's the risk that: 1)the GPL gets validated in court; and 2)Linux is legally declared unencumbered by patent/copyright violations. Also, OSS projects may be reevaluated by companies that were waiting for the legal dust to settle.

    BTW, doesn't IBM have a regiment of lawyers on the payroll anyway? If so, I doubt their pay would be different depending on whether they're filing court papers or surfing the Internet.

  • by TheWizardOfCheese ( 256968 ) on Monday July 26, 2004 @03:27PM (#9804674)
    I certainly agree with your general sentiment (more or less: markets are fairly efficient, and there is no magic investment strategy.)

    However, I think that the OP was simply trying to say that at a given dollar delta, the dollar amount of upside and downside risks are asymmetric. Although equity markets generally have a pronounced negative skew, it is still true that returns look much more geometric than arithmetic. The dollar amount of a 95% likelihood up move will be larger than the dollar amount of the same likelihood down move.

    In the case of your example, in order to target a return of 1M, you need to estimate an outcome: your estimate was $0.01 -> 0. However, the likelihood of a price rise to say $0.03 might be just as great; in that case you have risked 3M to make 1M.

    Finally, there are special hazards to shorting, particularly for the retail investor. Generally you must put up more collateral than would be needed to go long the same position, and usually you are paid an inferior rate on that collateral. There is also the problem of getting there from here: even if you are ultimately right, a price rise from 0.01 to 0.02 might result in margin calls that oblige you to close your position.

"Money is the root of all money." -- the moving finger

Working...