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SCO is getting smaller and smaller
Monday, December 07 2009 @ 08:53 PM EST

SCO is downsizing. Ch. 11 Trustee Edward Cahn has filed a motion for the sale, transfer or abandonment of certain de minimis assets. They have also signed a new lease with Canopy, and they hope the court will approve it. The new lease with Canopy is for space more than 50 percent smaller than where they've been. So, no more feet on that huge desk in Darl's office. Remember that picture? Ah, yes, 2004. The bogo accusations. I call them the Bogo Years.

Also, Cahn and SCO are petitioning the court for authority to get rid of some forklift trucks, some computers, and other office equipment without having to ask the court's permission each time and without having to provide notices for each sale. If they can't sell them, they want to be able to toss them out, on proper notice of the abandonment.

Hey, wait! Somebody buy me Darl's computer, will ya, if it goes on the block? Or throw it out in my direction. Like that could happen. But seriously, Linux works great on aged computers, as these are described as being. I'd like to give his computer new life. Heh heh. I could then put my feet up on my desk, and feel mighty fine. After some appropriate forensics.

There will be a hearing on this motion on December 30.

Here are the filings:

12/06/2009 - 981 - BNC Certificate of Mailing. (related document(s) 976) Service Date 12/06/2009. (Admin.) (Entered: 12/07/2009)

12/06/2009 - 982 - BNC Certificate of Mailing. (related document(s) 977) Service Date 12/06/2009. (Admin.) (Entered: 12/07/2009)

12/07/2009 - 983 - Motion to Approve Certain Procedures for the Sale, Transfer or Abandonment of De Minimis Assets Filed by Edward N. Cahn, Chapter 11 Trustee for The SCO Group, Inc., et al.. Hearing scheduled for 12/30/2009 at 10:00 AM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. Objections due by 12/23/2009. (Attachments: # 1 Notice # 2 Proposed Form of Order # 3 Certificate of Service) (Fatell, Bonnie) (Entered: 12/07/2009)

12/07/2009 - 984 - Motion For Sale of Property under Section 363(b) /// Motion of the Chapter 11 Trustee for Entry of An Order Authorizing The SCO Group, Inc. to Enter Into A Nonresidential Real Property Lease With Canopy Properties, Inc. Nunc Pro Tunc to December 4, 2009 Filed by Edward N. Cahn, Chapter 11 Trustee for The SCO Group, Inc., et al.. Hearing scheduled for 12/30/2009 at 10:00 AM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. Objections due by 12/23/2009. (Attachments: # 1 Notice # 2 Exhibit A # 3 Proposed Form of Order # 4 Certificate of Service) (Fatell, Bonnie) (Entered: 12/07/2009)

SCO was in a space measuring 11,480 square feet and paying $22,715 a month for rent and other charges. Now they signed a lease this month for 4,365 square feet for $9,850 a month. The lease is attached as Exhibit A. So SCO is getting smaller and smaller.

Seriously. Don't abandon a thing. Put it on eBay, for real. A lot of geeks will pay you for Darl's swivel chair and pen holder. Dibs on the computer. I'm not a bit kidding. Talk about flax into gold. You shouldn't turn your back on this fabulous opportunity.

Incidentally, the motion describes SCO's business like this:

5. The Debtors' core business focus is to serve the needs of small-to-medium sized businesses and branch offices and franchisees of Fortune 1000 companies, by providing reliable, cost-effective UNIX software technology for distributed, embedded, and network-based systems. Among other things, the Debtors have also focused on mobility products and services for personal and professional productivity.
"Among other things." Other things like telling Linux, "Your money or your life." Nice business. But this paragraph indicates that they are desirous of staying in the UNIX business, unless or until they can sell it off at least. Maybe Hans Bayer talked to them.

Seriously, if you are going to get rid of any computers, please give them to an organization that can put Linux on them and donate them to kids in schools that can't afford to buy their own.

Update: I may have overestimated interest in Darl Memorabilia, judging from tce's comment, subject line "toxic":

toxic.
Authored by: tce on Monday, December 07 2009 @ 11:28 PM EST

Not with a 10 foot pole.
Not with a mouse.
Not in my house.
Not with a metal shredder.
Not with a pick and shovel.

Not. Not. Not.

Would be happy to help pay for a data recovery biz to do an extract.

- safety first.


  


SCO is getting smaller and smaller | 186 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
SCO is getting smaller and smaller
Authored by: dio gratia on Monday, December 07 2009 @ 09:00 PM EST
But this paragraph indicates that they are desirous of staying in the UNIX business, unless or until they can sell it off at least.
The litigation business hasn't worked out well for them, and what else is left?

[ Reply to This | # ]

Corrections here please
Authored by: spambait42c on Monday, December 07 2009 @ 09:01 PM EST
"You're money" -> "Your money" for example

[ Reply to This | # ]

Off-topic Thread Here
Authored by: spambait42c on Monday, December 07 2009 @ 09:02 PM EST
Put off-topic comments here

[ Reply to This | # ]

News Picks thread
Authored by: spambait42c on Monday, December 07 2009 @ 09:03 PM EST
Comment on news picks here

[ Reply to This | # ]

Darl's Computer
Authored by: Anonymous on Monday, December 07 2009 @ 09:30 PM EST
Here I was thinking you were itching to get your hands on Darl's hard disk when
all you wanted was to put linux on it and donate the computer to kiddies.

Gee PJ. You are too nice. And I guess I am not nice enough.

[ Reply to This | # ]

SCO's Financial Position
Authored by: Anonymous on Monday, December 07 2009 @ 09:36 PM EST
I would think that at least one of the creditors would object unless the Trustee
files some of the delinquent MORs.

[ Reply to This | # ]

SCO is getting smaller and smaller
Authored by: Anonymous on Monday, December 07 2009 @ 09:53 PM EST
PJ says:
Hey, wait! Somebody buy me Darl's computer, will ya, if it goes on the dock? Or throw it out in my direction. Like that could happen. But seriously, Linux works great on aged computers, as these are described as being. I'd like to give his computer new life.
If so, then you would have to actually sign for the delivery and then MOG would know where you lived.

[ Reply to This | # ]

SCO is getting smaller and smaller
Authored by: Anonymous on Monday, December 07 2009 @ 11:08 PM EST
Not small enough!

[ Reply to This | # ]

Why don't we all chip in
Authored by: The Mad Hatter r on Tuesday, December 08 2009 @ 12:43 AM EST


And donate the computers to The Helios Project?

After appropriate forensics of course!

---
Wayne

http://crankyoldnutcase.blogspot.com/

[ Reply to This | # ]

Tempus Glitch or Glimpse of Reality?
Authored by: Anonymous on Tuesday, December 08 2009 @ 01:00 AM EST
the Debtors have also focused on mobility products and services for personal and professional productivity.
Does the original text really use that tense? It would indicate either a sudden Glimpse of Reality or a slip in tongue ... otherwise, why would a company describe its past business attempts?

[ Reply to This | # ]

SCO is getting smaller and smaller
Authored by: IMANAL_TOO on Tuesday, December 08 2009 @ 01:24 AM EST
"SCO is getting smaller and smaller"
Good news at last! I was waiting for them to get insignificanter and insignificanter, but this is just as good.
"The bogo accusations. I call them the Bogo Years."
Perhaps BogoMIPS as in Bogo Mega Instructions Per Second?





---
______
IMANAL


.

[ Reply to This | # ]

SCO is getting smaller and smaller
Authored by: Anonymous on Tuesday, December 08 2009 @ 07:11 AM EST
I wouldn't be surprised if some convenient salvage company
didn't show up to at some opportune time to haul the
computers away. If there is any chance that there are any
goodies on those computers, they will be accuired and
the HD's will be destroyed.

[ Reply to This | # ]

SCO is getting smaller and smaller
Authored by: Anonymous on Tuesday, December 08 2009 @ 07:46 AM EST
For some reason, I would think that any computers they got rid of would have the
hard drives first removed, then physically shredded. With all the court cases
and discovery motions, getting rid of anything with legal documents on them
would be a no, no, I would suspect.

[ Reply to This | # ]

Parking spaces
Authored by: tiger99 on Tuesday, December 08 2009 @ 08:02 AM EST
Exhibit A allows 3.5 parking spaces per 1000 square feet. So they are now down to 15 spaces, well 15.2775 to be precise. Maybe they get the extra bit for a skateboard?

I am wondering if this means that they are now down to not very much more than 15 employees?

[ Reply to This | # ]

"The Debtors' estates own certain aged trucks, forklifts and equipment .."
Authored by: Tim Ransom on Tuesday, December 08 2009 @ 10:33 AM EST
"Pursuant to a continuing reorganization effort, the Trustee, in consultation with his retained professionals, has identified certain assets that are not a part of the strategic plans for the Debtors' estates. The Debtors' estates own certain aged trucks, forklifts and equipment -- computer, communications and office equipment..."

Well, I guess there will be no more of this then: Link

"Schlemiel, schlimazel, Hasenpfeffer Incorporated!"

---
Thanks again,

[ Reply to This | # ]

A fork lift?
Authored by: Anonymous on Tuesday, December 08 2009 @ 11:04 AM EST
I suspect that what Cahn is doing is cleaning up the books to make SCO more
attractive for a sale. I imagine a lot of these physical assets are worthless,
or nearly so. Many companies hang onto worthless assets because they still have
a accounting asset value on the books, and they don't want to write off the
remaining value because that shows up as an immediate loss (which affects the
executive's bonuses). Storing unused assets means they can put off the final
accounting.

If these assets are disposed of, some of SCO's asset value may have to be
written down to recognise the new (lack of) value. That could mean a sudden drop
in SCO's physical assets, at least in terms of how they are recorded on the
books. That is something we should keep an eye open for.

The fork lift must be left over from long ago. Perhaps they ran their own
warehouse operation and shipped lots of boxes of printed manuals. These days
most software companies don't give you a printed manual, and the warehouse
operations are often outsourced anyway. That's assuming they don't do everything
via a digital download.

I doubt that Darl's computer would be available for sale until after the
lawsuits are over. Although I suppose it could end up in the crusher "by
mistake".

[ Reply to This | # ]

Layoffs in Engineering
Authored by: Anonymous on Tuesday, December 08 2009 @ 12:31 PM EST
According to their public, accessible facebook pages, SCO is down to one "Old Santa Cruz Operation" Engineer. Long-time open source adapter Ron Joe Record announced his departure on 10/28/09. That is a week after the McBride termination.

The remaining west-coast engineer from "Santa Cruz" days would be John Dubois. His (also freely readable) facebook page says he is struggling with timing issues in virtualization.

The retention of a virtualization engineer indicates that SCO is struggling, but committed to getting the virtualized version of their OS out. Might produce some relicensing income, I can't evaluate the economics of that venture. You have to appreciate the loyalty of the engineers to their codebase, must crush their morale to have been led into "utter destruction" by such an unsavory bunch of Pointy-heads.

Linked in pages establish that Shaun Cutler, who managed Me Inc /mobile has departed for another job in Utah, also at the end of October.

[ Reply to This | # ]

The bit you missed .. early termination
Authored by: Anonymous on Tuesday, December 08 2009 @ 05:10 PM EST
Perhaps the most surprising thing about the lease is the term ... most leases of
this type are for a minimum period .. 5 years is typical ... 3 is good, if you
can get it, landlords prefer 10yrs, if they can (I can explain why if you need
it) ...

This lease is different ... It has an early termination clasue .. the tenant can
walk away, without penalty, on 30 days notice ...

Now, THAT is interesting .. I suspect thats the real reason for signing a new
lease, not just to downsize, put also to prepare an exit. I can't imagine the
landlord particulryl wanted the shortened terms, so I guiss it was a deal ..
they get early possesion of half the space, so they can start trying to rent it
out (because we all know where this one is going) and SCO gets its 30 day
termination clause ...

[ Reply to This | # ]

SCO is getting smaller and smaller
Authored by: SilverWave on Wednesday, December 09 2009 @ 08:12 PM EST
:)

---
RMS: The 4 Freedoms
0 run the program for any purpose
1 study the source code and change it
2 make copies and distribute them
3 publish modified versions

[ Reply to This | # ]

Monty can't be trusted...
Authored by: Anonymous on Thursday, December 10 2009 @ 04:37 PM EST
Monty lied about suggesting a license change, for that reason everything else he
says on the issue is tainted and should be disregarded. If he's willing to lie
about one thing he's willing to lie about everything else and any evidence he
presented or statements he made should be thrown out without separate
corroboration.

He can't be trusted, and as others have said I believe his goal here is to
reacquire the business he sold without spending one thin dime by getting the EU
to force a license change that would allow him to reacquire the business without
repaying what he was paid for it.

[ Reply to This | # ]

Quoting from Stanislaw Lem, The Cyberiad
Authored by: Anonymous on Thursday, December 10 2009 @ 07:39 PM EST
The Fifth Sally (A)

The Steelypips: "That we don't know. It appeared, flew
here, what it is nobody knows, except it's hideous and no
matter from what angle you look at it, it's even more
hideous. It flew up, landed, so heavy you can't imagine,
and just sits there. But, it's an awful nuisance, all the
same."

[...]

"Coffee's fine," agrees Trurl, "not for me, but for the
business at hand. As for the rest of it, I don't think
so. You see, if neither scarechrome, or servospok, or
cyberivybushwhacker will do the job, then other methods
are indicated: archaic and archival, legalistic hence
sadistic. I've yet to see the remittance due and payable
in full."

[...]

Trurl pulls up a chair and dictates: "Notice is hereby
given, that in re hindrance of Tenant, as stated under
Rev. Stat. c.117(c) dash 2 dash - KKP4 of the CSTP Comm.
Code, in clear violation of paragraph 199, thereby
constituting a most reprehensible offense, we do declare
the termination, desummation and full sessation of all
services accruing thereunto, by authority of Ordinance 67
DPO No. 14(j) 1101 et seq. on this the 19th day of the
17th month of the current year, aff'g 77 F. Supp. 301.
the Tenant may appeal said action by extraordinary
procedure to the Chairman of the Board within twenty-four
hours."

[...]

After a while you see that that is not quite so hideous,
especially in profile - it's actually gotten smaller -
yes, yes, it is smaller!

[...]

And the typewriter chatters: "Whereas, pursuant to the
Tenant's failure to quit and surrender the demised
premises in compliance with the warrant served, habere
facias possessionem, by Div. of Rep. Cyb. Gt. KRS thereof,
the Courth of the Third Instance, in vacuo and ex nihilo,
herewith orders the immediate vacuation and vacation
thereunder. The Tenant may not appeal this ruling."

[...]

"Just as I thought," Trurl tells them. "Basically, my
dears, the whole thing was quite simple: the instant it
accepted the first dispatch and signed for it, it was done
for. I employed a special machine, the machine with a big
B; for, as the Cosmos is the Cosmos, no one's licked it
yet!"

closeQuote()

Or in other words, the Steelypips won - because The SCO
Group ate itself.

[ Reply to This | # ]

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