Forgot your password?
typodupeerror
The Courts Government Caldera Software News Linux

SCO Springs a Prospective Buyer 89

Posted by kdawson
from the from-what-dark-orifice dept.
clemenstimpler sends a link to Groklaw, which has been following the proceedings dealing with the conversion of SCO's bankruptcy to Chapter 7 (i.e., liquidating the company). SCO has announced a prospective buyer. "...SCO has suggested it has a buyer. That doesn't mean it will avoid Chapter 7 of course, nor does it mean that the bankruptcy court will OK the suggested sale. But it likely does mean more delay, which is what this is likely all about. SCO very much wants to wait until the appeals court rules in SCO v. Novell. ... Hearing set for July 16 with backup for July 27. SCO has already moved to make it July 27. combo hearing on convert and sale. Frankly, it would not totally amaze me if the three entities that filed motions to convert were to appeal this. If not, SCO got its desired delay."
This discussion has been archived. No new comments can be posted.

SCO Springs a Prospective Buyer

Comments Filter:
  • by nametaken (610866) on Tuesday June 16, 2009 @02:39AM (#28344945)

    They're dragging it out so we can savor it.

    • by Kjella (173770)

      Sounds like an 11 hour art noir film. Those that made it might think so, the few still paying attention might think so but must people would like it to have ended five hours ago.

    • Re: (Score:3, Interesting)

      by Muad'Dave (255648)
      As Willy Wonka said, "The suspense is killing me. I hope it lasts."
    • by dkleinsc (563838)

      Actually, if I had to guess they're probably dragging it out so Darl et al can continue to draw salaries.

  • by petrus4 (213815) on Tuesday June 16, 2009 @02:39AM (#28344947) Homepage Journal

    This article's title gave me the mental image of a decomposing zombie clawing its' way up out of the ground.

    Hopefully as the article suggests, the sale will be forestalled, and some judge will finally put a stake in this monster once and for all. ;)

    • by SonOfFlubber (14544) on Tuesday June 16, 2009 @02:58AM (#28345011)
      "decomposing zombie clawing its' way up out of the ground" ....

      .... Darl of the Dead?
      • NOOOOOOOOOOOOOOOOOOOOO!!!!

        quiet you fool! you'll give some groklaw fanboy ideas...

      • by Rogerborg (306625)
        Oh, great, now Maureen O'Gara will run a ZOMFG Linux Zealots Plot To Kill Darl - I Have Proof!!!!! article.
    • why cant we come up with the legal equivalent of a shotgun. shotguns ALWAYS work against zombies, or im i wrong?
    • by Dhalka226 (559740) on Tuesday June 16, 2009 @04:41AM (#28345469)

      Hopefully as the article suggests, the sale will be forestalled, and some judge will finally put a stake in this monster once and for all.

      I doubt it. A bankruptcy judge's job is essentially to ensure that SCO's creditors get the maximum amount of money back under the law. From that perspective, liquidation tends to be a fairly lousy solution, particularly for companies deeply in debt. A buyer is, of course, the best solution: Somebody willing to assume that debt and, hopefully, turn the company around to making some money again. Then it can start to pay back its creditors and if it falls apart again, well, you're just right back at the liquidation stage -- little lost but time.

      So unless the judge can determine this is nothing but a bullshit stalling tactic on the part of SCO--and I doubt any judge would do so without at least a hearing or two on the matter--they're almost certain to let it pass.

      • by russotto (537200) on Tuesday June 16, 2009 @09:48AM (#28346955) Journal

        I doubt it. A bankruptcy judge's job is essentially to ensure that SCO's creditors get the maximum amount of money back under the law. From that perspective, liquidation tends to be a fairly lousy solution, particularly for companies deeply in debt.

        Right now, realistically, the best the creditors can hope for is liquidation and for someone to buy up "substantially all the assets" of the company. That probably amounts to zero, but at least it allows them to finally write off the bad debt and be finished with the litigation. Zero all they can expect in any case, the only question is whether it is zero now or zero later.

    • by macraig (621737)

      The only sure-fire way to "put a stake in it" is to aim straight for the heart: Darl McBride. Lock him up in a windowless cell with no Internet access, or better yet castrate him to make sure there will never be a Darl 2.0. Darl McBride is one of the true "useless eaters" that eugenicists were debating in the early part of last Century.

  • I get it (Score:5, Funny)

    by Starlon (1492461) on Tuesday June 16, 2009 @03:33AM (#28345157)
    They're getting a bailout! The government will now own Linux.
  • ...would that suitor be based in Redmond, WA?

  • by Alain Williams (2972) <addw@phcomp.co.uk> on Tuesday June 16, 2009 @03:34AM (#28345173) Homepage
    How far do we need to follow the money to find Microsoft ?
  • Justice (Score:1, Funny)

    by davro (539320)
    Give the judge a trench gun and be done with these pesky zombies.
  • by Mostly a lurker (634878) on Tuesday June 16, 2009 @03:41AM (#28345219)
    I very much hope the Office of the US Trustee, IBM, Novell and others do not appeal the delay. Of course, they have excellent grounds for doing so, but the result would likely just be a longer delay. SCO has successfully gamed the system, and will probably gain a six week delay in the process. If this is appealed, it will probably take longer than six weeks just to argue and get a decision. Meanwhile, SCO will argue that the purchase agreement cannot go forward with the Chapter 7 conversion hanging over their head (BS, of course, but prove it).
    • Re: (Score:3, Insightful)

      The ideal arrangement is to have the purchase go through before the appeal. Then have the appeal denied. That way the estate is refreshed with big bucks just in time for the hoovers to move in.
  • Hiding the money (Score:5, Insightful)

    by jrumney (197329) on Tuesday June 16, 2009 @03:54AM (#28345277) Homepage
    From another article (I can't access groklaw right now, so I don't know if the same is stated on groklaw):

    The remaining SCO company will also continue to enforce its appeal of U.S. District Judge Dale Kimball's ruling in August 2007 that found Novell, not SCO, rightfully owns the copyrights on the Unix operating system, he said.

    So this is an attempt to get the remaining cash and Unix assets out of reach of Novell, and leave the shell of SCO (plus some mobile products that most likely have no value) to continue the lawsuit, with no money left over for Novell and IBM when they eventually run out of appeals.

    • Re: (Score:3, Interesting)

      Perhaps, but with the current administration, and the new legislation winding it's way through, it could conceivably get easier to pierce the corporate veil. This lawsuit represents the height of corporate avarice. What makes it all the more interesting is that the only newspaper willing to continue to run stories on it seems to be the Salt Lake Tribune. Yet the lawsuit will have worldwide influence once the appeals have run their course.

      I'm really looking forward to the trial of IBM's counterclaims [wikipedia.org],
    • by jamstar7 (694492)

      So this is an attempt to get the remaining cash and Unix assets out of reach of Novell, and leave the shell of SCO (plus some mobile products that most likely have no value) to continue the lawsuit, with no money left over for Novell and IBM when they eventually run out of appeals.

      Sounds bout right. As long as Darl gets paid, who really cares?

  • in this day and age? (Score:3, Informative)

    by MoFoQ (584566) on Tuesday June 16, 2009 @04:31AM (#28345429)

    in this day and age...after the credit implosion and GM's bankruptcy..after Madoff....there's someone still stupid^H^H^H^H^H^Hbold enough to buy SCO?
    Man....can someone get me his number? I've got a few dozen bridges and landmarks to sell him, not to mention a few automobiles.

    • by Chrisq (894406) on Tuesday June 16, 2009 @05:51AM (#28345711)

      in this day and age...after the credit implosion and GM's bankruptcy..after Madoff....there's someone still stupid^H^H^H^H^H^Hbold enough to buy SCO? Man....can someone get me his number? I've got a few dozen bridges and landmarks to sell him, not to mention a few automobiles.

      Yes sure, he's the guy that's managing your retirement account.

      • by MoFoQ (584566)

        wait...I'm the one managing/using up my retirement account....this is the first I'm hearing that I'm buying SCO

    • Re: (Score:3, Interesting)

      by sumdumass (711423)

      I would buy SCO if I had the money. Not because I think it is a gold mine or anything but because of all the people claiming rights to Unix, SCO is the only company trying to claim Linux is a derivative and do something about it.

      If a few geeks, maybe backed by Novel, IMB, or some other companies using linux in their products purchased SCO at the liquidated price, they could operate their own distro, are large enough to demand Unix drivers and could open enough specs to allow OSS drivers, and put an end to t

      • Wow, SCO and 666 in the same post - who'da thought?..
      • by jamstar7 (694492)
        That's all very well and good, except for two things.

        1. The cash would go directly into Darl's pocket. Yeah, we might be finally rid of him, but still...

        2. The company would get stuck with all the debt from the lawsuit & such, with no income being generated. Remember, SCO is running on fumes, and what little comes in goes right back out to Darl & the lawyers.

        • by sumdumass (711423)

          The answer to 1 is simply, don't care. Money going to Daryl on his terms is bad, on your terms is not, especially when you get what you want. Plus we would have the books and could look at Daryl's practices then report any illegal activity to the feds for prosecution. I think Giving him money to end his idiocy as well as having a chance at seeing him locked up is more then acceptable.

          As for 2:The company would get stuck with all the debt from the lawsuit & such, with no income being generated. Remember,

      • by MoFoQ (584566)

        it would definitely have to be renamed to avoid the pitchforks and torches, especially of those who went into hiding due to the economy imploding (that and H1N1)

    • I wouldn't be surprised if they received their share of the economic stimulus package.

      I mean, look at all the people they keep working. Lawyers, grocklaw, shashdot posters, Microsoft's anti-linux commissions, Novell, IBM, ...

      Sure, they produce nothing useful, beyond the entertainment value, but don't you want to "save" all those jobs?

    • by R2.0 (532027)

      "in this day and age...after the credit implosion and GM's bankruptcy..after Madoff....there's someone still stupid^H^H^H^H^H^Hbold enough to buy SCO?
      Man....can someone get me his number? I've got a few dozen bridges and landmarks to sell him, not to mention a few automobiles."

      Sure - his number is 202-456-1414.

  • by Linker3000 (626634) on Tuesday June 16, 2009 @04:37AM (#28345455) Journal

    I understand they just need a bit more time to conclude their purchase of the Duke Nukem Forever codebase and issue a call for investors to fund completion of this vital work.

    Oh, there won't be a game coming out of all this - SCO will have a pile of algorithms and methods specific to the gaming world stretching back as far as the first annoucement of DNF and so they can then start to examine games produced since that date from all the big players to see if they have 'pinched' anything.

    3. Profit

    • Re: (Score:3, Funny)

      "I understand they just need a bit more time to conclude their purchase of the Duke Nukem Forever codebase and issue a call for investors to fund completion of this vital work."

      Based on previous experience I suspect they would be more likely to buy that codebase, then claim others had stolen that code in their own FPS games and offer to allow end users to license to use a product for a small fee. Then sue EA, pump shares, dump shares, lose and then file for bankruptcy.

      • by jamstar7 (694492)

        Based on previous experience I suspect they would be more likely to buy that codebase, then claim others had stolen that code in their own FPS games and offer to allow end users to license to use a product for a small fee. Then sue EA, pump shares, dump shares, lose and then file for bankruptcy.

        Good plan. We oughta patent it as a business method.

        Oh, wait...

  • What if the prospective buyer is Microsoft?! Who could object to that, and on what grounds?!

    Scary.

    • We don't want Microsoft owning Linux, and every Unix out there. Then they will own all the OS's that have a marketshare that can be represented with up to 2 decimal points.

  • I wonder if SCO told their buyer that Linux (all of it) is part of the sale? They probably said "yea, this guy with a blue blanket and a red and black striped shirt who calls himself Linus is gonna try to tell you that Linux isn't ours to sell, yea, just ignore him".
  • I'm not dead! I feel fine! I think I'll go for a walk! I'm getting better! ..

    Honestly, its like the monster that will not die, nothing works - garlic, holy water, silver bullets, stake, decapitation, fire and even the BFG9000 could not finish it.

    Just stay down, everybody will be much happier and we are all waiting for the party.

  • by Joe U (443617) on Tuesday June 16, 2009 @08:14AM (#28346241) Homepage Journal
    I almost bought SCO. But I spent the $10 at McDonalds instead.
  • by UnknowingFool (672806) on Tuesday June 16, 2009 @09:38AM (#28346881)
    I don't really think there is any serious buyer. Previously SCO tried to launch an emergency sale to York management [linux-watch.com] only to have the bankruptcy court and all its creditors object to the deal. What SCO never made clear (or tried to hide) in that deal was who would get the liabilities from the Novell judgment against them. If the sale had gone through, Novell would have had to spend years figuring out who owed them the money. This is just another ploy to stall for time.
  • If this keeps up, we'll have to add SCO to the nuclear attack survivor list currently including cockroaches and Cher.
  • Erm....guys? (Score:3, Insightful)

    by Sj0 (472011) on Tuesday June 16, 2009 @11:36AM (#28348171) Homepage Journal

    Hang on.

    So they lied about linux containing unix code.
    Then they lied about owning full unix rights.
    Then they lied constantly about their ability to handle it in court.
    Then they lied to the court by using stalling tactics pretending they needed information.

    Maybe they're lying? You know, flat-out, bald faced shameless lying? They're already so badly in trouble in the courts, what's one more lie if it helps stave off death a bit longer?

    • Lying isn't immoral if it's done in the course of business or litigation.

      /leaves to wash self with lye and a wire brush
  • your next general release of SCO Unix will run on the Mattel Aquarius and Coleco Adam only. please to transfer your databases to cassette tape.

  • This is 4th "prospective buyer" in 19 months

    Whenever scox's bankruptcy comes to trial, scox tells the judge about some mysterious prospective buyer, and scox gets another delay. Scox has been playing this game for nearly two years, and there is no end in sight. Of course, the dubious buyouts never materializes.

    Either the judge falls for the same trick every time, or there is corruption involved. Considering that msft has been behind the scox-scam every step of the way since the beginning of the scam (over s

  • Just another case of msft backed corruption?

    This is 4th "prospective buyer" in 19 months

    Whenever scox's bankruptcy comes to trial, scox tells the judge about some mysterious prospective buyer, and scox gets another delay. Scox has been playing this game for nearly two years, and there is no end in sight. Of course, the dubious buyouts never materializes.

    Either the judge falls for the same trick every time, or there is corruption involved. Considering that msft has been behind the scox-scam every step of the

  • Maybe its like those crappy telephone "bait and switch" scams and somebody just thought they were just buying "Naughty Nurses" porn.

    Suddenly instead of a DVD of said "Naughty Nurses" they suddenly open a box full of SCO stock.

Philogyny recapitulates erogeny; erogeny recapitulates philogyny.

Working...