03.28.09

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SCO News: Bankruptcy, Bankruptcy, Bankruptcy

Posted in Courtroom, Finance, GNU/Linux, Novell, SCO, UNIX at 10:54 am by Dr. Roy Schestowitz

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Blue screen of SCO

Summary: Updates on SCO, which has made more corporate information available

AT THE BEGINNING of this week, SCO filed its 10-Q. MarketWatch has a copy.

In its ruling of July 16, 2008, the Court also directed Novell to file a proposed Final Judgment consistent with the Court’s trial and summary judgment orders. In its proposed submission to the Court in compliance with this order, Novell took the position that final judgment could not be entered because certain of our claims are stayed pending arbitration and the imposition of a constructive trust remained an open question in the Bankruptcy Court. Subsequently, in order to expedite the entry of final judgment, we sought to resolve these issues with Novell and agreed to an extension of Novell’s deadline for filing its submission. Based on our tracing of Sun’s payments under its 2003 SCOsource agreement, Novell agreed that only $625,487 of our current assets were traceable as trust funds. We also proposed dismissing our stayed claims with prejudice on the basis of the Court’s ruling that Novell owns the pre-APA UNIX copyrights in the Court’s summary judgment order of August 10, 2007. On August 29, 2008, in its Submission Regarding the Entry of Final Judgment, Novell informed the Court of the parties’ agreement as to the trust amount, but Novell stood by its position that final judgment could not be entered in light of the stayed claims. On September 15, 2008, we filed papers arguing for the entry of final judgment.

Yahoo! Finance this copy too and Pamela Jones took it apart in Groklaw. Pseudonym “Paul Murphy” mumbles some more about SCO while Groklaw makes it clear that it’s the end of SCO pretty much, either as a technical or legal firm (SCO is selling all its assets).

This is just like the last time SCO filed a reorganization plan.

More bankruptcy filings can be found in Groklaw.

There are a lot of filings to catch up on in the SCO bankruptcy, the usual bleeding of the patient with bills and such. Also the monthly operating reports for January from SCO, and the transcript [PDF] from the December hearing which was embargoed until March but is now available. We had put it in the Bankruptcy Timeline page, while I was busy working on other things, but someone asked for it today, so I’ll highlight that it is available, in case others missed it. If you check Groklaw’s Timeline pages, you’ll generally be able to find the document you are looking for. No matter what else is or isn’t going on, we keep that updated.

SCO may be irrelevant now, but Jones is determined to go further into the past and find more answers for future use.

I found something eye-poppingly interesting. Do you remember at the SCO v. Novell trial, where John Maciaszek testified that there was never a charge for earlier versions of Unix/UnixWare? That going all the way back to AT&T days, the earlier products were thrown in free? I have gotten hold of a contract where it seems to me that the licensee was charged for earlier products. Yes. $400 a copy.

Now that SCO litigation is very slow, lies that it had been telling can be pointed out and properly documented.

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