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| Texas Shows an Interest in the SCO Bankruptcy |
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Thursday, September 20 2007 @ 08:06 PM EDT
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More filings in the bankruptcy, mostly orders granting admission pro hac vice to the various attorneys from out of state. But there is a notice of appearance [PDF] from the Texas Comptroller Of Public Accounts. So, after Novell, that's our first creditor showing up and saying it would like to be kept informed. And indeed you'll see Texas added to the list [PDF] of those folks getting notice of the other major filing of the day, the proposed schedule for omnibus hearings [PDF; proposed order] SCO has drawn up, October 5, November 6, December 5, 2007 and January 8 and February 5, 2008. Also SCO has filed a Notice of Bankruptcy [PDF] and Exhibit A [PDF] with the District Court in Delaware in the Red Hat case.
Here are all the new filings on PACER in the bankruptcy:
44 -
Filed & Entered: 09/19/2007
Order on Motion to Appear pro hac vice
Docket Text: Order Granting Motion for Admission pro hac vice of Adam A. Lewis. (Related Doc # [19]) Order Signed on 9/18/2007. (LCN, )
45 -
Filed & Entered: 09/19/2007
Order on Motion to Appear pro hac vice
Docket Text: Order Granting Motion for Admission pro hac vice of James DeCristofaro. (Related Doc # [23]) Order Signed on 9/18/2007. (LCN, )
46 -
Filed & Entered: 09/19/2007
Order on Motion to Appear pro hac vice
Docket Text: Order Granting Motion for Admission pro hac vice of Larren M. Nashelsky. (Related Doc # [22]) Order Signed on 9/18/2007. (LCN, )
47 -
Filed & Entered: 09/19/2007
Order on Motion to Appear pro hac vice
Docket Text: Order Granting Motion for Admission pro hac vice of David Capucilli. (Related Doc # [21]) Order Signed on 9/18/2007. (LCN, )
48 -
Filed & Entered: 09/19/2007
Order on Motion to Appear pro hac vice
Docket Text: Order Granting Motion for Admission pro hac vice of Julie Dyas. (Related Doc # [20]) Order Signed on 9/18/2007. (LCN, )
49 -
Filed & Entered: 09/19/2007
Order on Motion to Appear pro hac vice
Docket Text: Order Granting Motion for Admission pro hac vice of Arthur J. Spector. (Related Doc # [17]) Order Signed on 9/18/2007. (LCN, )
50 -
Filed & Entered: 09/19/2007
Terminated: 09/19/2007
Motion to Appear pro hac vice (B)
Docket Text: Motion to Appear pro hac vice of Paul Steven Singerman. Receipt Number 146625, Filed by The SCO Group, Inc.. (Jones, Laura Davis)
51 -
Filed & Entered: 09/19/2007
Order on Motion to Appear pro hac vice
Docket Text: Order Granting Motion for Admission pro hac vice of Paul Steven Singerman. (Related Doc # [50]) Order Signed on 9/19/2007. (LCN, )
52 -
Filed & Entered: 09/19/2007
Affidavit/Declaration of Service
Docket Text: Affidavit/Declaration of Service Regarding [Signed] Order Granting Admission Pro Hac Vice of Arthur J. Spector (related document(s)[49] ) Filed by The SCO Group, Inc.. (Werkheiser, Rachel)
53 -
Filed & Entered: 09/19/2007
Affidavit/Declaration of Service
Docket Text: Affidavit/Declaration of Service Regarding [Signed] Order Granting Admission Pro Hac Vice of Paul Steven Singerman (related document(s)[51] ) Filed by The SCO Group, Inc.. (Werkheiser, Rachel)
54 -
Filed & Entered: 09/20/2007
Notice of Appearance(B)
Docket Text: Notice of Appearance Filed by Texas Comptroller Of Public Accounts. (Browning, Mark)
55 -
Filed & Entered: 09/20/2007
Certification of Counsel
Docket Text: Certification of Counsel Regarding Omnibus Hearing Dates Filed by The SCO Group, Inc.. (Attachments: # (1)
Proposed Form of Order # (2)
Certificate of Service and Service List) (Werkheiser, Rachel)
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| Authored by: lannet on Thursday, September 20 2007 @ 08:09 PM EDT |
As if they should be required...
---
When you want a computer system that works, just choose Linux.
When you want a computer system that works, just, choose Microsoft.[ Reply to This | # ]
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| Authored by: lannet on Thursday, September 20 2007 @ 08:10 PM EDT |
Linkable clickies please
---
When you want a computer system that works, just choose Linux.
When you want a computer system that works, just, choose Microsoft.[ Reply to This | # ]
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- More Multibillion-dollar lawsuits. - Authored by: Ashe on Thursday, September 20 2007 @ 08:35 PM EDT
- Wow. - Authored by: Roland on Thursday, September 20 2007 @ 10:18 PM EDT
- Runner up? - Authored by: tyche on Thursday, September 20 2007 @ 11:39 PM EDT
- Runner up? - Authored by: Ashe on Friday, September 21 2007 @ 03:11 AM EDT
- Poker? Raise you by one $SUPREME_BEING... - Authored by: Aladdin Sane on Thursday, September 20 2007 @ 10:23 PM EDT
- Will the suit stand up in court? - Authored by: Anonymous on Friday, September 21 2007 @ 04:20 AM EDT
- More Multibillion-dollar lawsuits. - Authored by: Anonymous on Friday, September 21 2007 @ 04:57 AM EDT
- LOL - Authored by: DarkPhoenix on Friday, September 21 2007 @ 09:13 AM EDT
- Clikcy - Authored by: Anonymous on Friday, September 21 2007 @ 09:53 AM EDT
- Is it any more daft than..... - Authored by: tiger99 on Friday, September 21 2007 @ 10:04 AM EDT
- More Multibillion-dollar lawsuits. - Authored by: Yossarian on Friday, September 21 2007 @ 06:01 PM EDT
- GPL violation taken to court in the US - Authored by: Anonymous on Thursday, September 20 2007 @ 08:41 PM EDT
- Disregard - Authored by: Anonymous on Thursday, September 20 2007 @ 08:49 PM EDT
- Disregard - Authored by: PJ on Friday, September 21 2007 @ 12:08 AM EDT
- DRM in Canada - Authored by: Anonymous on Thursday, September 20 2007 @ 10:10 PM EDT
- hmm - Authored by: Anonymous on Thursday, September 20 2007 @ 11:10 PM EDT
- or - Authored by: sproggit on Friday, September 21 2007 @ 01:15 AM EDT
- Daniel Lyons of Forbes Admits Being Snowed by SCO - Authored by: Anonymous on Friday, September 21 2007 @ 12:22 AM EDT
- $54 million pants causes Chungs to close business - Authored by: Anonymous on Friday, September 21 2007 @ 01:38 AM EDT
- I've not seen hide nor hair of the pipe fairy - Authored by: Anonymous on Friday, September 21 2007 @ 03:16 AM EDT
- Yes - Authored by: jplatt39 on Friday, September 21 2007 @ 05:59 AM EDT
- Berlind, we hardly knew ya... - Authored by: Anonymous on Friday, September 21 2007 @ 04:15 AM EDT
- Nothing to do with anything - Authored by: Aladdin Sane on Friday, September 21 2007 @ 04:37 AM EDT
- Mattel apologizes to China for toy recalls - Authored by: Anonymous on Friday, September 21 2007 @ 09:29 AM EDT
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| Authored by: SirHumphrey on Thursday, September 20 2007 @ 08:12 PM EDT |
| Just for News items about GNU/Linux ;) [ Reply to This | # ]
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| Authored by: lannet on Thursday, September 20 2007 @ 08:25 PM EDT |
It looks like this might have a cast of thousands same as SCO-v-IBM and
SCO-v-Novell
:)
---
When you want a computer system that works, just choose Linux.
When you want a computer system that works, just, choose Microsoft.[ Reply to This | # ]
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| Authored by: Anonymous on Thursday, September 20 2007 @ 08:29 PM EDT |
I am looking for the documents in the Red Hat case but my recollection was that
Red Hat simply sought a declaratory judgment that Linux did not infringe on Unix
and an order to keep SCO from harassing its customers. If Red Hat did not seek
any monies from SCO I have to wonder, does the bankruptcy actually stay this
case? Since Red Heat does not seek to become a creditor can SCO stave off this
suit?
Also since the case is in Delaware, would this case have any special status with
the Bankruptcy court as opposed to one in Utah?
And can Federal judges correspond with one another to find out details of cases
that impinge on one another as these various SCO vs. the world torts do?
My wife has worked as a Bankruptcy paralegal in the past (but only with personal
bankruptcies and not corporate ones) and from listening to her talk I’m under
the impression that the Judge and Trustee in Bankruptcy cases have a lot of
leeway in expeditiously dealing with Bankruptcies, much more then in regular
civil and criminal trials, and the key word is expedite in that sentence. The
dockets packed quite full and delay is not something that most bankruptcy judges
have time for.
[ Reply to This | # ]
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| Authored by: gharmen on Thursday, September 20 2007 @ 08:39 PM EDT |
| On page 4 of Exhibit A there is a box for the "Estimated Number of Creditors".
In this box they selected the 50-99 creditors. But, on page 4 (paragraph 9 of
Relief Requested) of the Application of Debtors for Order under 28 USC 156(c) SCOGBK-36ExB-1.pdf they
"estimate there will be in excess of 400 parties in interest deserving of notice
in these cases."
Then, in paragraph 11, there is the statement "Additionally,
DeL Bank. LR 2002-1(f) requires a debtor to fie a motion to retain a notice
and/or claims clerk within 1 o days of the petition date, in all cases with
creditots in excess of 200."
Did they use the excessive number in the document
to justify using Epiq? [ Reply to This | # ]
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| Authored by: Anonymous on Thursday, September 20 2007 @ 08:53 PM EDT |
Having worked for the Department of Corrections in one State, I formed the
opinion that the State of Texas has more stomach for justice than many other
states.
I believe Texas was also one of the few states that stepped up to bat on the
Sony BMG rootkit.
Oh, well, SCO does business in the United States - all fifty of them.[ Reply to This | # ]
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| Authored by: MrCharon on Thursday, September 20 2007 @ 09:43 PM EDT |
Wonder if SCO filed that to prevent Red Hat from continuing to file letters
updating the court on matters or was this just in case the judge decided to lift
the stay because the IBM and Novell cases have stalled.
---
MrCharon
~~~~
[ Reply to This | # ]
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| Authored by: Sawdust Bytes on Thursday, September 20 2007 @ 10:03 PM EDT |
I would hazard a guess that since it is the Comptroller of Public Accounts (and
not the Attorney General) that has filed with the court that their interest
involves taxes owed to the state by SCO. Oh, look, another fiduciary
relationship to go bad for the Hole in the Mattress Gang.
---
Slowly I turned...
Randy[ Reply to This | # ]
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| Authored by: Anonymous on Thursday, September 20 2007 @ 10:12 PM EDT |
| Novell's attorneys should've challenged the appointment of some big firm to
send out all the legal notices and stuff. They should have demanded that Darl
McBride do it all personally. In long hand.
NASDAQ should make him do the
same thing, writing out a letter to every
shareholder explaining the
de-listing. I'd buy a share of SCOG just to give him
another letter to write.
:) [ Reply to This | # ]
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| Authored by: Anonymous on Thursday, September 20 2007 @ 11:38 PM EDT |
| None bought one share of SCO's stock! Is it too late ;) [ Reply to This | # ]
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| Authored by: Anonymous on Friday, September 21 2007 @ 12:47 AM EDT |
Now maybe we can cut the judge some slack for asking Novell to submit a motion
in writing. He was concerned with who else would show up looking for their
money.[ Reply to This | # ]
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| Authored by: Anonymous on Friday, September 21 2007 @ 03:28 AM EDT |
The Comptroller is the one that wants to be kept advised of the case, not the
Attorney General. For all any of us may know, Texas may use Unixware and be
concerned about the future of the product.
Dan[ Reply to This | # ]
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| Authored by: Anonymous on Friday, September 21 2007 @ 09:17 AM EDT |
"Gentelmen we have got to protect our
phony bologna jobs here!"[ Reply to This | # ]
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| Authored by: NickDonovanDO on Friday, September 21 2007 @ 09:33 AM EDT |
I hate to rub it in the face of the ZD-Net/C-Net/Forbes FUDsters out there...
(Actually no I don't hate to rub it in their face) but I said four years ago
both here:
http://features.linuxtoday.com/news_story.php3?ltsn=2004-01-20-015-26-NW-CD-LL-0
002
and here:
http://features.linuxtoday.com/news_story.php3?ltsn=2003-10-16-013-26-NW-CD-LL-0
014
and here:
http://www.linuxtoday.com/news_story.php3?ltsn=2004-03-02-018-26-NW-CD-LL-0007
Even though I've sold my part in the company and am in medicine now, I'm still
awaiting my SCO Notice for using Linux..... hmmmmm
Again, it looks like us 'zealots' who dare do defy conventional wisdom come out
on top. How dare we demand a choice in what we use to run our systems at home
and at work.
Freedom of choice is what these Microsoft Fascists at the ZD/C-Net scream but
don't practice.
It's nice to them finally getting it four years later that all of us 'sandal
wearing crunchies' were right after all.
Here is the original article declaring that, "What SCO Wants, SCO
Gets" (Basically Saying it was all but over for Linux and that those of us
that ran Linux in our business didn't know 'real business' (like SCO's???) and
we were a bunch of Hippies etc.
http://www.forbes.com/2003/06/18/cz_dl_0618linux.html
and of course a copy of my response I sent to the author that fired off a large
series of events....
http://www.linuxtoday.com/news_story.php3?ltsn=2003-06-19-009-26-OP-CD-LL-0008
So sure of themselves were they.... I wonder why I don't see any real coverage
and loud trumpets on ZD/C-Net or Forbes?
Then again, Tim Forbes never did have guys to debate the issue along with the
Laura Dideos (sp?) of the world.
Oh well.... back to what counts, patients family and morning coffee.....
Cheers,
Nick
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| Authored by: Anonymous on Friday, September 21 2007 @ 09:36 AM EDT |
Judge Gross told Novell that they should file a motion to lift the stay of the
SCO v. Novell case in Utah, basically hinting that he wants to lift it but he
needed the motion in writing. Why hasn't Novell filed the motion yet? Are they
waiting until October 2nd to give SCO the least amount of time to prepare to
argue against it in the October 5th hearing? I got the impression that Judge
Gross would be likely to sign the order lifting the stay without having to wait
for the next hearing. I know that the hearing was Tuesday, and this is only
Friday, but we've seen Novell's lawyers put together more complex filings in
less time in the past, and they've always done a top notch job, even under
limited time restraints.
I'm probably just being impatient, but the sooner he signs the order to lisft
the stay the sooner Novell can petition Judge Kimball for a new trial date,
because they're not going to be able to just start the bench trial the day after
Judge Gross lifts the stay, I know Judge Kiball's docket is too busy for that.[ Reply to This | # ]
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| Authored by: Anonymous on Friday, September 21 2007 @ 10:20 AM EDT |
..straight.
Company leadership can start so many lawsuits that they cannot handle and then
file chapter 11 to get a break or out, forcing parties to settle or wait however
long.
It's both a self inflicted wound, and an honorable discharge ... of debt. NICE!
My opinion is this: This was all premeditated. They took Novells money, and
prevented audits. They made false claims about Novell's copyrights and defamed
1000's of programmers, and IBM, and other companies. They filed lawsuits knowing
full well that their claims were false, but knew they would PR and court time
for FUD. All funded by MS, or inspired by MS. They have gamed the system, their
stockholders, their customers, and others.
Assuming my opinion were true, and provable, then at what point does the
leadership get it's turn in the hot seat? Clearly these people could stand some
time in court for what they have done with two, once proud, companies, Caldera
and SCO. They have pulled the court room handle everywhere hoping for a payout,
but the machine came up lemons. When are they going to pay for that.
I can suffer your treachery, Lieutenant ... but NOT your incompetence! ...
Treachery requires NO mistakes."
-- Megatron to Tarantulas, "Master Blaster"[ Reply to This | # ]
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| Authored by: NickDonovanDO on Friday, September 21 2007 @ 11:25 AM EDT |
Dan Lyons, author of the now infamous article, "What SCO Wants, SCO
Gets"
( http://www.forbes.com/2003/06/18/cz_dl_0618linux.html )
has plead a 'mea culpa' on the commentary section of Forbes Magazine.
(
http://www.forbes.com/2007/09/19/software-linux-lawsuits-tech-oped-cx_dl_0919lyo
ns_print.html )
In the article Dan writes, "For four years, I've been covering a lawsuit
for Forbes.com, and my early predictions on this case have turned out to be so
profoundly wrong that I am writing this mea culpa."
He goes on to say that he too (like many others in the media) was being played
by Darl & crew, "...The truth, as is often the case, is far less
exciting than the conspiracy theorists would like to believe. It is simply this:
I got it wrong. The nerds got it right."
I say Kudos to Dan for admitting what so many other of his colleagues in the
media haven't got the guts to do; admit when they were wrong.
I would ask that Dan realize it's not just nerds who run Linux. Over 97% of the
Fortune 500 have it running somewhere in their enterprise and every financial
institution I've ever had as a client was running it either before we came in or
by the time we left. It's a real, viable technology. It works.
I can say now that I'm out of technology and back into medicine again, I see it
at most of the research facilities I've been to. (Granted, we're all nerds here
by definition :-)
I look forward to Dan's articles about other technologies besides Linux, SCO and
what not and perhaps one day seeing an article entitled, "A look back at
the wackiest things in technology over the last decade." Perhaps the SCO
episode will make it to that list.
Cheers,
Nick
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