decoration decoration

When you want to know more...
For layout only
Site Map
About Groklaw
Legal Research
ApplevSamsung p.2
Cast: Lawyers
Comes v. MS
Gordon v MS
IV v. Google
Legal Docs
MS Litigations
News Picks
Novell v. MS
Novell-MS Deal
OOXML Appeals
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v Novell
Sean Daly
Software Patents
Switch to Linux
Unix Books
Your contributions keep Groklaw going.
To donate to Groklaw 2.0:

Groklaw Gear

Click here to send an email to the editor of this weblog.

Contact PJ

Click here to email PJ. You won't find me on Facebook Donate Paypal

User Functions



Don't have an account yet? Sign up as a New User

No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.

What's New

No new stories

COMMENTS last 48 hrs
No new comments


hosted by ibiblio

On servers donated to ibiblio by AMD.

EMC Objects to SCO's Cure Amount and a Tiny Bill from Tanner Arrives
Thursday, October 21 2010 @ 04:34 PM EDT

All the intricacies of SCO never alter the big picture, do they? The first objection has arrived to SCO's recently-filed cure amounts. And shades of DaimlerChrysler, check out the reason:

As agent for the creditor, EMC Corporation ("EMC") who acquired Data General Corporation ("DGC"), we object to the Debtors' proposed assignment and cure amount for a "Source License Agreement" with DGC. EMC is not aware of an ongoing contractual arrangement with the Debtors. In fact, service and maintenance support between the parties stopped almost two (2) years ago.

In order to properly evaluate the assumption and cure, EMC will need the Source License Agreement, together with a list of all equipment related to the Agreement. Without this information, EMC cannot agree to anything.

Funny, no? What license agreement? Nothing ever really changes in the SCOniverse. And the cherry on top is that the letter comes from Receivables Management Services, and so their letterhead shows a big RMS. If you put that in a movie, unless you were Groucho, people would say you were over the top silly.

There is also a tiny bill from Tanner for August, and here are the filings:

10/20/2010 - 1186 - Affidavit/Declaration of Service of Eleni Manners Re: Notice of Cure Amounts in Connection With the Assumption and Assignment of Executory Contracts and Unexpired Leases (related document(s) 1184 ) Filed by Edward N. Cahn, Chapter 11 Trustee for The SCO Group, Inc., et al.. (Fatell, Bonnie) (Entered: 10/20/2010)

10/20/2010 - 1187 - Monthly Application for Compensation of (Twenty-Fourth) of Tanner LC for the period August 1, 2010 to August 31, 2010 Filed by Tanner LC. Objections due by 11/9/2010. (Attachments: # 1 Notice # 2 Exhibit A # 3 Certificate of Service) (Fatell, Bonnie) (Entered: 10/20/2010)

10/21/2010 - 1188 - Objection to Notice of Cure Amounts in Connection with the Assumption and Assignment of Executory Contracts and Unexpired Leases. (related document(s) 1184 ) Filed by Receivable Management Services Agent for EMC Corporation (BMT) (Entered: 10/21/2010)


EMC Objects to SCO's Cure Amount and a Tiny Bill from Tanner Arrives | 156 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections here please, if needed
Authored by: tiger99 on Thursday, October 21 2010 @ 04:48 PM EDT

[ Reply to This | # ]

Off topic here please
Authored by: tiger99 on Thursday, October 21 2010 @ 04:49 PM EDT
Please remember those clickies, and don't forget to post in HTML mode where
appropriate. Of course, nothing on-topic should go in this thread....

[ Reply to This | # ]

Newspick discussions here please
Authored by: tiger99 on Thursday, October 21 2010 @ 04:51 PM EDT
Please remember to indicate which Groklaw newspick item you are referring to in
the title of your post, and again, clickies can be useful, where appropriate

[ Reply to This | # ]

Comes goes here....
Authored by: tiger99 on Thursday, October 21 2010 @ 04:52 PM EDT

[ Reply to This | # ]

You can;t sell it .. you don;t even have it ..
Authored by: Anonymous on Thursday, October 21 2010 @ 06:01 PM EDT
Will be funny if SCO can't find the source license agreement .. at the end of
the day, they need it to be able to sell whatever "combined product"
it is they made from it or whatever ... if they can;t find it, then I guess
thats an "asset" they can't sell ... I can't see that EMC corp is
under any obligation to provide them with a copyu or even look to hard for it.

I have an idea where it is though ... its in Blepp's briefcase ;)

[ Reply to This | # ]

The Creditor doesn't know what they are owed?
Authored by: rsteinmetz70112 on Thursday, October 21 2010 @ 06:34 PM EDT
This seems very off. It sounds like the creditor doesn't know what is owed and
that EMC may have sold turned the debt over to a collections agency, or possibly
sold it?

RMS is a collection agency but they also offer "Bankruptcy Services"

Rsteinmetz - IANAL therefore my opinions are illegal.

"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk

[ Reply to This | # ]

Congratulations on the EFF Pioneer award!
Authored by: sgtrock on Thursday, October 21 2010 @ 09:08 PM EDT
I would have joined the throng when you first announced the news, but my
password didn't like me. It took a while to figure out why. :)

In any event, my thanks for all your hard work. This recognition from the EFF
is long in coming and most definitely on target.

Congratulations, and thank you again!

[ Reply to This | # ]

Data General, nee EMC
Authored by: meissner on Friday, October 22 2010 @ 01:24 AM EDT
Data General originally made mini computers based on its Nova processor, then
Eclipse, and MV/Eclipse. It later switched to 88k based machined (AViiON),
which later migrated to x86 processors. EMC bought Data General, primarily for
the CLARiiON line of disk storage, and eventually shut down the computer
business. So, in terms of SCO, I doubt EMC has shipped anything containing SCO
code in years.

I worked for DG from 1979 to 1989, eventually writing the front end of the C
compiler for the MV/Eclipse, and then moving on to work on the 88k backend to
GCC, and it was the first of 6 companies I have worked for on GCC. When I
worked for them, the DG/UX operating system was based on System V (System V.4 if
memory serves, but it may have V.3 instead). In terms of what a compiler writer
sees, the DG Nova/Eclipse systems were horrible. The 88k was more regular, but
it was too little too late.

[ Reply to This | # ]

John R. Egan was on the SCO, Lineo and Caldera Boards
Authored by: Anonymous on Friday, October 22 2010 @ 10:55 AM EDT
John R. Egan, Egan Managed Capital, was on the SCO and Caldera boards. Egan was an investor in Caldera at the time of the DR-DOS lawsuit shakedown of MSFT.

Egan was a board member of Lineo, the Canopy-Yarro embeded Linux venture, that bankrupted.

Egan exited SCOX on the share price appreciation that occured with the Linux lawsuit threats.

[ Reply to This | # ]

A Tiny Bill from Tanner
Authored by: rsteinmetz70112 on Friday, October 22 2010 @ 01:17 PM EDT
Tanner charged for 1 person for 2.30 hours each for a total of $500.00.

That works out to $ 217.391304347826 per hour. Odd.

Also how can Madsen have telephone expense if there was no time for Madsen on
the project? Plus the dates don't match.

Rsteinmetz - IANAL therefore my opinions are illegal.

"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk

[ Reply to This | # ]

EMC May have misunderstood and think this is an EMC license to SCO!
Authored by: Anonymous on Friday, October 22 2010 @ 01:54 PM EDT

With the acquisition of DG so far in the past, the EMC staffer who handled the court notice may have completely misunderstood.

I guess the Cure Amounts notice is about the trade value of SCO's end of an old SCOunix license (not an USL/Novell license) TO DG/EMC granting DG/EMC the right to use oldSCO UNIX and source code provided they pay an annual fee for each computer they choose to run it on. The small trade value is based on the small possibility that DG/EMC might one day decide to dust off the old floppy disks and boot the thing, thus having to pay the annual fee for that future year.

But the EMC staffer probably misread it as being an EMC/DG software/hardware licence TO SCOX allowing SCOX to use an EMC product on specified EMC/DG hardware such as Clariion. The staffer would then assume this to be a sale/transfer of that license to the auction winner, for which EMC approval would be routinely requested. As their customer database has no current entry for such a license, the staffer treated it as an attempt to sell a "pirated" copy of software for which SCOX no longer has a license to sell, and handed it over to EMC's collection agency.

The information demanded from SCOX is exactly the proof of purchase information they would ask for when someone claims to have a license not in their customer database.

[ Reply to This | # ]

Oracle has objected too.
Authored by: _Arthur on Friday, October 22 2010 @ 04:34 PM EDT
Filing #1189.

[ Reply to This | # ]

EMC Objects to SCO's Cure Amount and a Tiny Bill from Tanner Arrives
Authored by: Anonymous on Friday, October 22 2010 @ 05:11 PM EDT
Nope. See Exhibit A, the hourly rate is given at $ 217.39, multiplied by 2.3
hours gives $ 500 after rounding to the nearest cent.

[ Reply to This | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )