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SCO Files for Chapter 11 Bankruptcy 421

Posted by Zonk
from the a-true-catastrophy dept.
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."'"
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SCO Files for Chapter 11 Bankruptcy

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  • by eln (21727) * on Friday September 14, 2007 @04:20PM (#20608199) Homepage
    I know I'm going to be crying myself to sleep tonight.
    • by snowgirl (978879) * on Friday September 14, 2007 @04:23PM (#20608267) Journal
      YAY! Party at my place everyone! Champange for all! :)
    • Karmas a Bitch
    • Re:Sad, sad news (Score:5, Insightful)

      by Romancer (19668) <romancer@deathsd ... 5926com minus pi> on Friday September 14, 2007 @04:59PM (#20608983) Journal
      You will be when they have no real consequences from this whole sordid episode. When they are back at it again spweing out the FUD and dragging people through court having learned no lessons since the system is pretty much in their favor. They can drag this out another ten years and still come out with capital and the exectuives will never have to pay the people they are hurting by doing all this.

      Rant/

      Just look at all they have learned by going through the courts with no evidence and being laughed at by the people who review the case and get the facts instead of reading their press releases. They are literally filing for bankruptcy and assuring their customers that they are fine and can rely on them at the same time... AT THE SAME TIME! No reasonable company would be so immune to shame, so ignorant of the mocking thats going on right in front of them, and still be able to tell people that everythings OK. That these bottomdwellers are still making a living, still giving themselves bonuses and trying to protect their stock is a slap in the face for american justice. This is another Enron, this is another corporation exec scandle happening right now, at this very moment. They are telling us that they don't care that they are wrong and have taken the courts time and our money and threatened people, intimidated customers, extorted from innocent and ignorant law abiding citicens and companies who only wanted to avoid doing the wrong thing and pay whatever license fees to whoever owned the code they were using. They have either planned this and acted accordingly to draw it out, or they employ the most ignorant legal councel out there to advise them. No proof, no problem, No evidence, no problem, No case, no problem. Lets all make a bunch of money! Dirty rat bastards. And we will as a nation let another one get away with it. The people who made these decisions will walk away with millions. We'll complain and let them walk. Accomplices to the raping of this country. /Rant
      • Re:Sad, sad news (Score:5, Interesting)

        by Mad Merlin (837387) on Friday September 14, 2007 @05:43PM (#20609637) Homepage

        They are literally filing for bankruptcy and assuring their customers that they are fine and can rely on them at the same time...

        Ah, but it's easy to placate your customers when you don't have any.

      • Re:Sad, sad news (Score:5, Informative)

        by TubeSteak (669689) on Friday September 14, 2007 @06:56PM (#20610451) Journal

        They are literally filing for bankruptcy and assuring their customers that they are fine and can rely on them at the same time... AT THE SAME TIME!
        Ummm... maybe you don't understand what Chapter 11 [wikipedia.org] bankruptcy proceedings are. It's a reorganization of the company, not a dissolution.

        That isn't to say that SCO is safe, but news that they're filing for bankruptcy doesn't really mean anything.

        You want an example of companies that go bankrupt while maintaining operations?
        See: US Airline Industry
        • by analog_line (465182) on Friday September 14, 2007 @08:26PM (#20611395)

          You want an example of companies that go bankrupt while maintaining operations?
          See: US Airline Industry


          I see you haven't flown anywhere this summer...
        • So let's see... you took $500 million in paid in equity and in nine short years managed to parley that into a princely sum less than $5 million. In the history of your company your only profitable quarter a judge has found that some if not all of your revenue was the proceeds of conversion that you have spent and can no longer pay back. Your liabilities include the counterclaims remaining from baseless lawsuits you have filed after your claims have been revealed to have no substance.

          Liquidation cannot cu

      • by falconwolf (725481) <falconsoaring_2000@@@yahoo...com> on Friday September 14, 2007 @07:36PM (#20610843)

        They are literally filing for bankruptcy and assuring their customers that they are fine and can rely on them at the same time... AT THE SAME TIME!

        That's what Chapter 11 bankruptcy is all about. It allows you to reorganize your business and liabilities so you can stay in business.

        Falcon
        • Re: (Score:3, Insightful)

          by Romancer (19668)
          OK, I'll reply to these posts since it looks like there is a common misunderstanding going on about what I am trying to get across.

          The fact that they are using the bankruptcy to escape the stock plummet that would follow the judgements that are comming is a cop out of their responsibility for the actions they have taken. I never said that they were going out of business, closing operations, or filing a different type of bankruptcy that would leed to those outcomes, and if you read that somewhere it was your
  • by ackthpt (218170) * on Friday September 14, 2007 @04:20PM (#20608209) Homepage Journal

    And tell the fat lady to start warming up.

    It's been a long time coming, but still they had to know this day would arrive. If shareholders weren't really in it for the crapshoot of beating IBM and Novell for $Billion$ they'd have a case against Darl and his lot for running the business into the ground pursuing frivolous lawsuits.

    SCO's income from normal opperations must be down to a trickle with Linux and Windows Server vying for most of the market.

    Emerge from Chapter 11? I can't see how, unless somehow there was a reversal of court decisions and they're doing nothing to grow their product market.

    • by sconeu (64226)
      Emerge from Chapter 11? I can't see how, unless somehow there was a reversal of court decisions and they're doing nothing to grow their product market.

      Duh! Haven't you listened to Darl? Their mobile SCO Me scam is going to make BILLIONS!!! It's to teh moon!
    • by Duhavid (677874)
      My take...

      SCO is doing this to make Novell into a creditor with respect to the
      money SCO owes to Novell.

      I dont know if this is something to celebrate or not.
      • by trolltalk.com (1108067) on Friday September 14, 2007 @04:35PM (#20608517) Homepage Journal

        "SCO is doing this to make Novell into a creditor with respect to the money SCO owes to Novell."

        Won't work. Novell's claim isn't as a creditor. Their claim is "equitable", meaning that SCO is holding theor property ($$$), not that SCO owes them money. When you go bankrupt, anyone who can show that they own property you're holding on to can claim it from the trustee.

        This happens a lot with vending machines, for example, when a plant goes bust. The owner proves that the machine is theirs (not leased or anything - it really is theirs), and they then get to pick it up.

        Since Novell already has a judgment saying that SCO is guilty of conversion, and the question is "how much", they have a prior claim to the property (money) in question. SCO is dead.

  • w00t!!!! (Score:5, Informative)

    by sconeu (64226) on Friday September 14, 2007 @04:22PM (#20608231) Homepage Journal
    I think PJ needs to send the red dress to the cleaners, so it will be ready when she needs it!
  • Oh man... (Score:5, Funny)

    by Anonymous Coward on Friday September 14, 2007 @04:22PM (#20608241)
    Where's my tiny violin?
  • Dear Darl, (Score:2, Funny)

    by middlemen (765373)
    Good things come to those who wait !
    Regards, Destiny
    • Re:Dear Darl, (Score:5, Insightful)

      by IP_Troll (1097511) on Friday September 14, 2007 @04:42PM (#20608649)
      I don't want to rain on anyone's parade, but this is not good. Bankruptcy is like a protective cocoon that keeps businesses with cash problems safe from creditors. It is a way for SCO to stall further.

      Bankruptcy prevents an entity's creditors from forcing liquidation of the entity's assets. If Novell won it's case against SCO, Novell could enforce it's judgment against SCO and force SCO to dissolve. If SCO was dissolved the case against IBM would disappear. Now that SCO has filed for bankruptcy it is protected from its creditors. Therefore Novell cannot get the licensing fees SCO owes it, and SCO can continue to exist.

      Filing for bankruptcy is not SCO tossing in the towel, it is more like SCO knows it is going to lose, and is now trying to bite off Novell's ear to get Disqualified instead of Knocked Out.
      • Re:Dear Darl, (Score:5, Informative)

        by Desert Raven (52125) on Friday September 14, 2007 @05:15PM (#20609251)
        The problem with this theory is that Novell is not a creditor.

        The court ruled that the money *belongs* to Novell. That's a far different legal issue than SCO owing money to Novell.

        It's like a burglar trying to claim bankruptcy in order to keep the stuff he stole. Since the stuff isn't actually his (and in this case has been declared so in a court of law), bankruptcy doesn't protect it.
      • Mod Parent Up. (Score:5, Informative)

        by postbigbang (761081) on Friday September 14, 2007 @05:19PM (#20609327)
        Bankruptcy judges and trustees have carte blanche to deal with creditors, and limit the effects of ongoing litigation. On Monday, everything changes in front of Judge Kimball, who will put the suit into stasis, and give at least a 60 day cooling off period to everything.

        It might turn into a Chapter 7 filing afterwards, and SCO might be forced to liquidate. This is unlikely, however. In the interim, they'll try to convince a judge or referee that they have IP assets that need protecting, along with their agreements with various companies, and will produce a lot of smoke in their quest to simply survive.

        Much attorneys fees will be spent by many companies. Much continued incivility and plain poo will continue to be the hallmark of SCO's perhaps brief existence. Like others, they don't quit until they're just dead. Don't look for much come-uppance. This ends badly, just as it began badly.
      • Re:Dear Darl, (Score:5, Insightful)

        by shaitand (626655) on Friday September 14, 2007 @06:55PM (#20610445) Journal
        'If SCO was dissolved the case against IBM would disappear.'

        That would be a bad thing, we don't want the IBM case to disappear, we want IBM have a very strong favorable ruling. Any other outcome means this was all a waste of time with no precedents set.
        • Re: (Score:3, Insightful)

          by phoenixwade (997892)

          'If SCO was dissolved the case against IBM would disappear.'

          That would be a bad thing, we don't want the IBM case to disappear, we want IBM have a very strong favorable ruling. Any other outcome means this was all a waste of time with no precedents set.

          I disagree.

          The Novell ruling removed any chance of a precedence being set. once Judge Kimball said "Novel owns the copyrights, and Novell did have the right to prevent you from suing IBM" the IBM case was dead. There was no chance a precedence would be set as far as Open Source code and the Free Software community was concerned.

          This result has no effect on IBM except to limit the additional outlay of money IBM has to spend to defend themselves. There is obviously no money in SCO to pay IBM for the litigat

  • One word (Score:5, Funny)

    by lurker412 (706164) on Friday September 14, 2007 @04:24PM (#20608273)
    Can you say Schadenfreude in English?
  • Yay... (Score:3, Funny)

    by Inferger (1007151) on Friday September 14, 2007 @04:24PM (#20608275)
    Ding dong the witch is dead!
  • It's Been Fun (Score:5, Insightful)

    by eldavojohn (898314) * <eldavojohn@gmFREEBSDail.com minus bsd> on Friday September 14, 2007 @04:24PM (#20608287) Journal
    Wait ... no it hasn't.

    For those of you who bought SCOX stock in hopes that they would win this case, you had better sell it. In the past 20 minutes, it has dropped from $0.66 to $0.37 cents (and still is dropping).

    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.
    Would you care to list those products, support & services?

    According to your market data your net income was a $16.6 million loss. And when your total revenue was under $30 million, you really shouldn't even try to keep operating. Why is this Chapter 11? I guess it's going to come down to one unkillable lawyer with SCO tattooed on his chest. At that point, we'll have to call an exorcist.
    • by arth1 (260657)

      For those of you who bought SCOX stock in hopes that they would win this case, you had better sell it. In the past 20 minutes, it has dropped from $0.66 to $0.37 cents (and still is dropping).

      I thought chapter 11 protection included an immediate halt on stock trade?
      • yeah, apparently reading the first few words of the summary is above some...
      • by MBGMorden (803437) on Friday September 14, 2007 @04:55PM (#20608897)
        Damn. I read the post and figured I could by out the company tommorow for $15-20. Not that I want it but wouldn't it ROCK to give someone SCO as a gag gift for Christmas?
        • Re: (Score:3, Funny)

          by Gyga (873992)
          I need a box big enough to mail it to Linus.
    • Pump and dump (Score:5, Interesting)

      by l2718 (514756) on Friday September 14, 2007 @04:36PM (#20608529)
      From the point of view of SCO's execs, this has been a pump-and-dump scheme: they filed the IBM (and Novell) lawsuits, got the stock to soar on the hype and in the years since have been quietly selling their stock. But there are others with a stake here (remember all the cash infusions MS arranged?), who probably want the lawsuits to continue. I wonder what the judge thinks now about Novell's motion for a constructive trust?
    • Re:It's Been Fun (Score:5, Informative)

      by jonbryce (703250) on Friday September 14, 2007 @04:44PM (#20608693) Homepage
      Too late. Your stock price feed most likely has a time delay built in. Trading will have been halted as soon as the news comes out. This is the insiders dumping their stock before the news gets out.
      • Re:It's Been Fun (Score:4, Insightful)

        by _KiTA_ (241027) on Friday September 14, 2007 @06:02PM (#20609887) Homepage

        Too late. Your stock price feed most likely has a time delay built in. Trading will have been halted as soon as the news comes out. This is the insiders dumping their stock before the news gets out.


        Isn't that horribly, horribly illegal? Will we get to see the SEC frog-march Darl and the crew for insider trading?
        • Re: (Score:3, Informative)

          by drew (2081)
          Common misconception. Insider trading is not at all illegal, otherwise it would be impossible for company executives to buy or sell their stock, and and stock or option grants for high level executives would be worthless. You could forget about Steve Jobs $1 salary...

          There are just a very strict set of rules that you have to follow when you buy or sell stock as an insider, or with insider information. The main thing, AFAIK, is that you have to file paperwork with the SEC announcing your intention to buy
  • by rewt66 (738525) on Friday September 14, 2007 @04:24PM (#20608291)
    I seem to recall[*] that SCO told the court that there was no need for a constructive trust to protect Novell's money, since they (SCO) were in no danger of bankruptcy.

    Now SCO is facing the exact same judge on Monday morning over the issue of how much money they owe Novell. I predict an interesting day in court ;-)

    * OK, I was reminded of it by something someone (anonymous, so I can't give credit) said on Groklaw.
    • Re: (Score:2, Informative)

      There will be no court case on Monday. The Bankruptcy filing effectively stays the lawsuit until SCO is reorganized or the Bankruptcy judge removes the stay.

      I am thinking the later will happen. I am sure the Novell will file that SCO is really a fiduciary for their assets under the contract and as such, they get first dibs on SCO's assets. In order to find out how much Novell gets though, the case will have to be heard and ruled on. Therefore, the Bankruptcy court judge will lift the stay on the trial.
  • Does this mean I'll have to change my sig soon?
    • Re: (Score:2, Funny)

      by kryten_nl (863119)
      May I suggest:
      "Don't just bitch about OOXML and patent trolls, put your money where your mouth is.
      Donate to Groklaw today."
  • the tune you've all been waiting to hear.

    *drum rolls*

    Ding Dong! The Witch is dead. Which old Witch? The Wicked Witch!
    Ding Dong! The Wicked Witch is dead.
    Wake up - sleepy head, rub your eyes, get out of bed.
    Wake up, the Wicked Witch is dead.
  • Chapter 11 (Score:4, Informative)

    by arth1 (260657) on Friday September 14, 2007 @04:26PM (#20608319) Homepage Journal
    Chapter 11 is bankruptcy protection. A company can emerge from chapter 11 (SGI did), but it's usually a preamble to a chapter 7, which means liquidation and game over, pal.
    • Re:Chapter 11 (Score:4, Informative)

      by Anonymous Coward on Friday September 14, 2007 @04:42PM (#20608657)
      No, it's not. Chapter 11 is reorganization of credit, usually done by businesses or individuals with large assets. It's in no way a preamble to chapter 7. If you can't prove that you will be able to reorganize your credit / business and keep your financial obligations, you cannot file chapter 11. It's not like you pick chapter 11, give it a shot, and when you fail, liquidate. It's one or the other. The only thing you said that makes any sense is the word protection - chapter 11 is commonly referred to as protection because you are being protected from involuntary bankruptcy (i.e. your creditor initiated the proceedings after non-payment) while you determine a strategy for payment / growth.
    • Re:Chapter 11 (Score:5, Interesting)

      by peragrin (659227) on Friday September 14, 2007 @04:44PM (#20608691)
      This is because Novell recently claimed that it should recieve 100% of the Sun & MSFT Sco Source deals plus 7% interest. The APA SCOX loves so much says Novell recieves 100% with Novell refunding 5% back as adminstrative fees.

      Either way 95% is roughly 5 million dollars more than all of SCO's value Liquidated. I wonder if the bankruptcy trustee can declare Darl Mcbride's million dollar bonus for those two sales as invalid and ask for it back? I do hope so.
    • Re: (Score:3, Informative)

      by kilgortrout (674919)
      IIRC over 90% of Ch11 bankruptcies wind up in liquidation either through the filing of a liquidating plan or conversion to a Ch7.
  • Good times. Bankruptcy, so SCOX stock gets written down as worthless, and I never have to cover.

  • DFWT (Score:5, Funny)

    by sayfawa (1099071) on Friday September 14, 2007 @04:27PM (#20608351)
    Don't Fuck With Tux
  • by mcmonkey (96054) on Friday September 14, 2007 @04:27PM (#20608357) Homepage

    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

    Aside from the lawyers for whom SCO is a source of billable hours, who relies on SCO for any products, support, or services? Are these the same folks looking to George W. for stategic planning? The masses going to Michael Vick for pet care tips? OJ for public relations?

    • by Bill Dimm (463823) on Friday September 14, 2007 @04:39PM (#20608591) Homepage
      Just two weeks ago:
      Sberbank (Savings Bank Of The Russian Federation) Chooses SCO's OpenServer 6 to Upgrade Thousands of Servers [yahoo.com].
      They must be feeling really good about that decision now.
    • I appreciate the 'Funny' mods for my snarky comment, but seriously, does this company have any customers left?

      I guess you have MS using SCO as a proxy for fighting Linux, but other than that?
  • by zoikes (182347)
    read about the Chapter 11 filing here:
        http://ir.sco.com/releasedetail.cfm?ReleaseID=264124 [sco.com]
    ...and put a *wee* bit more pressure on their dwindling bankroll. ;)

    • by e6003 (552415)
      Minor nitpick but SCO's Investor Relations site is outsourced so you won't directly use SCO's bandwidth:

      host ir.sco.com
      ir.sco.com is an alias for cald.client.shareholder.com.
      cald.client.shareholder.com is an alias for webcenter360.shareholder.com.
      webcenter360.shareholder.com has address 170.224.5.57
      ir.sco.com is an alias for cald.client.shareholder.com.
      cald.client.shareholder.com is an alias for webcenter360.shareholder.com.
      ir.sco.com is an alias for cald.client.shareholder.com.
      cald.client.shareholder.com i
  • come back? nah (Score:5, Insightful)

    by PureCreditor (300490) on Friday September 14, 2007 @04:30PM (#20608407)
    even if SCO emerges from Chp 11 with a nice updated product line, they've already lost their credibility, good will, and confidence of customers. Who wants to buy anything from a company who might ending up suing you for no particular reason?

    There are tons of good Unix and Linux distributors out there... no reason to choose SCO anymore.

    You want free and good? Linux and BSD. You want enterprise level? IBM and Sun. You want Windows-based? Dell and HP. You wanna convert your entire revenue stream into attorney fees billed at $400/hr? Take SCO.
  • Why does this remind me of the little sister who smacks her big brother then immediately crys "mommy, he's picking on me" when he pushes her back?

    We scrapped all our remaining SCO stuff and completed converting to Linux. There will be no tears here when SCO is dead and buried.
    • Re: (Score:3, Funny)

      by sconeu (64226)
      That happened to me all the time, but it was my big sister, who took shameless advantage of my dad's ironclad rule, "You don't hit girls. Period."
      • Re: (Score:3, Funny)

        by Pojut (1027544)
        "I would never....EVER hit a woman, man, never...but I'll shake the shit outta a woman." -Chris Rock
      • Re: (Score:3, Interesting)

        by R2.0 (532027)
        My coworker tells the same story, but with a different ending. His father made his sister promise NOT to pinch him (sharpened fingernails, drawing blood), and told Larry, in her presence, that he was never to hit his sister, because she was a girl. The penalty would be a whipping with a peach switch.

        15 minutes later, she struck again, and Larry punched her in the afce as hard as he could, knocking her down and bloodying her nose. His father, as he was preparing to whip him, ebmoaned Larry's lack of contr
  • by ishmalius (153450) on Friday September 14, 2007 @04:33PM (#20608477)
    The original SCO, the Santa Cruz Operation, made some good software. We had several servers running it many years ago, along with a few with re-branded "Dell Unix." It's a shame that the original company will be forgotten because of this current abomination.

  • Acronym... (Score:2, Funny)

    by BUL2294 (1081735)
    SCO = Someone Cashed Out
  • And here it is, in their own word [sco.com]. SCOX is now trading at $.37, down from an open of $.65. Geez, and the whole thing seemed like such a good idea almost five years ago.
  • by SloWave (52801) on Friday September 14, 2007 @04:38PM (#20608573) Journal
    Now he's available for the Head of FEMA position.
  • Note too that the stock plummeted by nearly half at the tail end of today's trading day owing to the news, and at last report it is at thirty seven cents.
  • NEWSFLASH (Score:4, Funny)

    by thrillbert (146343) * on Friday September 14, 2007 @04:40PM (#20608599) Homepage
    Emerald City, Oz. - It was announced today that Darl McBride, President and CEO, The SCO Group has conceded his defeat regarding the Copyright Infringement case against IBM a few years ago and will file for Chapter 11 protection. Mr. McBride was quoted as saying "Chapter 11 reorganization provides the Company with an opportunity to protect its assets during this time while focusing on building our future plans."

    When asked about these future plans, Mr. McBride announced his intention to sue every single internet user, based on the fact that the Internet became as popular as it did due to traffic running on products that were based on SCO intellectual property. "I personally was the creator of these tubes and filed for a patent back in 1956". Mr. McBride became irritated when this reporter informed him that the Internet did not in fact run through tubes, rather through optical lines and copper cables. "Where have you been? You must have missed my good friend Ted Stevens describing how the internet was a series of Tubes, just stick to what you know, which is ... ah.. whatever it is you reporters do.."

    Reporting live from Emerald City, this is T. Bert signing off.
  • When SCO goes into insolvency and eventually gets liquidated - what happens to the operating systems they've developed.

    Ideally they could do something to suprise us all and release everything under a BSD or MIT style license (or even public domain), but presuming no executive there is sane enough to do that... what will they do?

    I know it's just speculation, but it'd be nice to have another real UNIX derivative open up to the community along the same lines as Solaris and (I know it's not UNIX and not really
  • "the SCO, the" (Score:5, Informative)

    by Scooter[AMMO] (98851) on Friday September 14, 2007 @04:43PM (#20608675)
    For those that don't get the reference to "the SCO, the" in German, it comes from Episode 9F22 "Cape Feare" of the Simpsons.

    Sideshow Bob is applying for parole claiming that he wouldn't pose a danger to Bart:

    Lawyer: "Don't you have a tattoo that says 'die, Bart, die' on your chest?"
    Sideshow Bob: "No! That's German. It means 'the Bart, the'".
    Parole Officer 1: "No one who speaks German could be an evil man!"
    Parole Officer 2: "Parole granted!"
    • by Anonymous Coward on Friday September 14, 2007 @05:33PM (#20609525)

      But since Bart is male, shouldn't it be "der Bart, der"?

      Unless he's talking about several Barts, but then you'd have to conjugate the noun as well and it'd become something like "die Barten, die". Or "die Bärte, die"?

      Actually Bärte means "beards" in German, with the singular "Bart" which is masculine. So my best guess is that the tattoo was a badly written German version of "the beards, the".

      So what's Sideshow Bob's interest in beards anyway? As possibilities we have Jasper Beardly, the Sea Captain, but most interestingly, Krusty's father: Rabbi Hyman Krustofski.

      My guess is that Sideshow Bob is either a latent Nazi with a hatred for Hyman, or he is one of these wusses who cannot grow a decent beard and is taking it out on Krusty.

      An alternate theory is that I have too much time on my hands.

  • by Tracy Reed (3563) <treedNO@SPAMultraviolet.org> on Friday September 14, 2007 @04:46PM (#20608743) Homepage
    The press release http://ir.sco.com/releasedetail.cfm?ReleaseID=264124 [sco.com] says:

    "SCO owns the core UNIX operating system, originally developed by AT&T/Bell Labs and is the exclusive licensor to UNIX-based system software providers."

    Those SCO guys are a real pantload! Hahahahah
  • by br1an.warner (1089965) on Friday September 14, 2007 @04:55PM (#20608901)
    That in their press release, they say "SCO owns the core UNIX operating system..." ? Maybe they missed what happened in August? Link to the article on Groklaw [groklaw.net]
  • Buh-BYE! (Score:5, Funny)

    by patmandu (247443) on Friday September 14, 2007 @04:57PM (#20608945)
    And in unrelated news, SCO has filed to trademark any portrayal of water swirling around in a toilet bowl, as that is their new corporate logo.
  • by Interested Bystander (1106793) on Friday September 14, 2007 @05:06PM (#20609105)
    But since I work for IBM, I think I can be forgiven for gloating!
  • by Anonymous Coward on Friday September 14, 2007 @05:07PM (#20609131)

    "G2 Computer Intelligence" is listed as a debtor by SCOX in their filings, so now we know she's the paided little whore we always suspected her to be.

    That's right Maureen, you're fucking out of the fucking closet.

    • Re: (Score:3, Interesting)

      by nuzak (959558)
      I think you mean creditor, but yeah there they are / she is as a creditor.

      What's funny is how many restaurants are in the list of unsecured creditors. Don't these guys even pay their restaurant tabs?

  • by still-a-geek (653160) on Friday September 14, 2007 @07:05PM (#20610553)
    Even if SCO loses for good, there is Novell. While it's great that Novell will get the rights to Unix, in the meantime, Microsoft has a vested interest with the company. There may be a day when Microsoft will just buy out/absorb Novell, and MS will own the Unix rights. And MS being a company with really deep pockets and ever more resources, may actually pull off lawsuits ala RIAA against any Unix/Linux user. MS funded SCO indirectly to "help" with the lawsuit. It seems that MS knew SCO was going to lose. Thus, a partnership with Novell with a sweet deal it could not refuse was made. MS does not lose here. MS wins either way. I don't believe this is over by a long shot.
  • by DVega (211997) on Friday September 14, 2007 @07:50PM (#20610995)
    Let's what they said ...

    Forbes - What SCO Wants, SCO Gets [forbes.com]
    By Daniel Lyons, 06.18.03, 12:00 PM ET

    [ ... ]

    In other words, like many religious folk, the Linux-loving crunchies in the open-source movement are a) convinced of their own righteousness, and b) sure the whole world, including judges, will agree.

    They should wake up. SCO may not be very good at making a profit by selling software. But it is very good at getting what it wants from other companies. And it has a tight circle of friends.

    [ ... ]

  • Bad Faith (Score:5, Interesting)

    by maz2331 (1104901) on Friday September 14, 2007 @09:41PM (#20612007)
    Cross-post from Groklaw... I did a quick Google of "bad faith" in regards to bankruptcy filings, and there is apparently precident regarding exactly the same situation as SCO is in. Using bankruptcy just as a tool to thwart other litigation is apparently a BIG no-no. From a non-authoritative source: http://touchngo.com/lglcntr/usdc/bnkrptcy/briefs/bnk45.htm [touchngo.com] "One area ripe for a bad faith dismissal is when the debtor is using a bankruptcy filing as a litigation tactic to either forestall litigation or seek a forum perceived to be more friendly. In Marsch, the court upheld a 'bad faith' dismissal where the chapter 11 petition was filed solely to delay collection of a judgment and avoid posting an appeal bond where the debtor had the financial means to pay the judgment." Also, in addition to dismissing the bankruptcy case, the bankruptcy courts may well impose the "nuclear" sanction - barring SCO from asserting another bankruptcy claim in the future. This would leave them totally exposed to the full wieght of any other judgements, with no way out at all - not even Chapter 7 liquidation. In other words... "you're on your own, Darl..." Is anyone with any expertise in bankruptcy proceedings around to help the community figure out exactly how this works? Something tells me the bankruptcy filing is not going to fly for long, but may expose SCO's legal team to some serious malpractice liability. And... maybe after this little road bump is resolved we'll finally see Kimball bring some real sacnctions down on the SCO side too. This is just getting beyond ridiculous.
  • by symbolset (646467) on Friday September 14, 2007 @10:42PM (#20612423) Homepage Journal

    Why, oh, why can't we have a comment from the quintessential blurbmeister here? Rob, where are you in this historic moment to weigh the subtle issues and deliver some clarity in fifteen words or less?

    Will you all please give him some hits on his blog at ITBE [itbusinessedge.com] and let him know we need his insight at this trying time?

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