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SCO Bankruptcy Hearing on Selling Assets to unXis Set for March 2 at 2 PM
Monday, February 28 2011 @ 11:53 AM EST

SCO claims that there is a hearing scheduled for March 2nd at 2 PM in the US Bankruptcy Court in Delaware. This is the big one, the hearing to decide if SCO can sell off its assets to the same folks they couldn't sell to last time when the court wondered if the deal showed good faith.

I know. You are thinking that they'll just cancel again. I don't think so. The last cancellation wasn't SCO. They'd filed their typical last-minute surprise filing on the eve of the hearing, thinking Novell wouldn't have time to research much, and then the judge postponed it. SCO only then revealed that Stephen Norris is still part of the unXis wheeler-dealers, and they provided more details about unXis and who is involved in the proposed deal and who is putting up the money. Then the hearing was postponed at the 11th hour. So Novell has had lots of time to research and find out all the details they can. Even we found out that one of the personages SCO proposes to set up as an advisory board is a Microsoft employee. Not that SCO revealed it, by the way. So, unless SCO throws more last-minute details onto the pile, it will be the first hearing in a long time where SCO won't be benefiting from their win-by-surprise strategy.

Here's the filing:

02/28/2011 - 1247 - Notice of Agenda of Matters Scheduled for Hearing Filed by Edward N. Cahn, Chapter 11 Trustee for The SCO Group, Inc., et al.. Hearing scheduled for 3/2/2011 at 02:00 PM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. (Attachments: # 1 Certificate of Service) (Tarr, Stanley) (Entered: 02/28/2011)

If you are new or forgot, here is Novell's Objection, and SCO's response. If you plan to attend the hearing, you probably want to review all that, along with the filings of the others who have shown concern about the proposed deal, because this is some mighty subtle stuff SCO is proposing, and unless you look very closely, it would be easy to be misled.

For example, SCO listed as some of the items to transfer some copyrights that Novell owns. SCO listed them with a 2003 date, which is the date they tried to register them, only to lose at trial on the issue of copyright ownership, but the copyrights it is listing are pre-1995, except for one. So I have no idea how they think they can sell them. I can't sell your car, after all. Why, you ask? Um. Because I don't own it.

And then there is the complex argument SCO has that it will license, not sell, certain assets and that Novell is not a competitor. It's going to be hard to follow it all, if you don't prepare.

Here's the proposed "world-class advisory board" for unXis, once again:

  • William Bancroft, VP and General Manager of Unisys Global Outsourcing and Infrastructure Services
  • Jane Cavalier, President, Brightmark Consulting
  • Craig Feied, Director of the ER One Institutes for Innovation in Medicine
  • Jody R. Westby, CEO, Global Cyber Risk
  • Dennis Pombriant, Managing Principle of the Beagle Research Group
Mr. Feied is the employee of Microsoft, and there are more details at the link, if you were wondering what medicine has to do with SCO and unXis. In short, it's another SCO deal, just as odd as all the others, leaving us mere mortals wondering, are they kidding? Or what?

  


SCO Bankruptcy Hearing on Selling Assets to unXis Set for March 2 at 2 PM | 286 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections Here . . .
Authored by: tyche on Monday, February 28 2011 @ 11:59 AM EST
Please list the correction (FROM > TO) and the location so PJ can find it
easily.

Craig
Tyche

---
"The Truth shall Make Ye Fret"
"TRUTH", Terry Pratchett

[ Reply to This | # ]

Off-Topic
Authored by: tyche on Monday, February 28 2011 @ 12:02 PM EST
Off-topic is not meant for on-topic things. Be advised that some persons have
suggested strange penalties for posting on-topic posts in the off-topic area.
Of course, *I* would NEVER do something like that. :-)

Craig
Tyche

---
"The Truth shall Make Ye Fret"
"TRUTH", Terry Pratchett

[ Reply to This | # ]

Newspicks
Authored by: tyche on Monday, February 28 2011 @ 12:04 PM EST
Please place Newspick posts here. In addition to your comments, please include
the title and link for each one. Newspicks can roll off the page rather quickly
at times.

Craig
Tyche

---
"The Truth shall Make Ye Fret"
"TRUTH", Terry Pratchett

[ Reply to This | # ]

Comes notes, here . . .
Authored by: tyche on Monday, February 28 2011 @ 12:07 PM EST
Those of you working on the Comes files, here's a place to put your
information.

Craig
Tyche

---
"The Truth shall Make Ye Fret"
"TRUTH", Terry Pratchett

[ Reply to This | # ]

SCO Bankruptcy Hearing on ATTEMPTING TO Sell Assets to unXis Set for March 2 at 2 PM
Authored by: tyche on Monday, February 28 2011 @ 12:12 PM EST
As I recall, Novel objected to TSCOG attempting to sell what they didn't own the
last time around. They also re-affirmed that stand with this attempt. I would
think that that, alone, would be a stopper to this attempt.

In addition, didn't Novel object to the separation of aspects of the original
and revised API, both last time and this time? I think so.

Somehow, I don't think TSCOG is going to prevail

Craig
Tyche

---
"The Truth shall Make Ye Fret"
"TRUTH", Terry Pratchett

[ Reply to This | # ]

New deal same as the old?
Authored by: Anonymous on Monday, February 28 2011 @ 12:13 PM EST
SCO had better have a good story here, so they can show why and how this Unxis
deal is significantly better than the one that was rejected earlier.

[ Reply to This | # ]

ballistic seating appliance posts ... or other lunacy
Authored by: nsomos on Monday, February 28 2011 @ 12:16 PM EST
seating appliance
Ballmer gets his exercise
see how far it flies

[ Reply to This | # ]

SCO Bankruptcy Hearing on Selling Assets to unXis Set for March 2 at 2 PM
Authored by: Anonymous on Monday, February 28 2011 @ 01:58 PM EST
This reminded me of a cuckoo clock. You know, the one where the little birdie
pops in and out.
hearing, cuckoo, no hearing
hearing, cuckoo, no hearing
hearing........

I'm just waiting for the cuckoo.

Tufty

[ Reply to This | # ]

Ad Nauseum
Authored by: webster on Monday, February 28 2011 @ 02:09 PM EST

The FUDsters and SCO are far from bankrupt. It is a good time to recollect that there are multimillion dollar deals with the Monopoly on both sides of this litigation.

  1. SCO was picked to lead this campaign since they had little to lose and much to gain. With an obscure judicial proceeding and a pack of self-deluded witnesses, the SCOsource campaign has maintained a cloud over Linux for eight years.

  2. The Monopoly has billions to throw around to maintain their "rights" to lock-in the world to paying them scores of billions. Look at the documents format battles. Their influence has metastasized to the media, government and other companies. They feel entitled to shape their own truth and reality in the world. No doubt they are already sticking their noses under the new tents in the Middle East.

  3. What happens this week in Wilmington or with the Federal Circuit Appeal probably doesn't matter. Even after a decision from the Circuit, a settlement can change everything. And everything has a price especially to the principals.

  4. What do the parties want? SCO wants to shut down or tax Linux users. So far they have failed directly but the litigation allows the Monopoly to denigrate Linux to corporate users and sellers. It has been worth billions over the years. If SCO is stopped, they can switch to patent madness as long as the courts let them. Novell is more difficult to gauge. They have long had a deal that makes them Monopoly Linux. They have Mono and for a while the Monopoly was even distributing Novell coupons. They have a new patent related deal with Attachmate involving the Monopoly. They probably want their SCO legal fees, some cash and a cut of the "beelions" sought by SCO, realizing that SCO is two appeals away through IBM before any "beelions" may be possible. They also get a boost to their "immunized" version of Linux.

  5. High Unxiety. unXis is as far as the PIPE Fairy wants to go right now. If SCO is shot down by the Circuit, then they have to pursue a settlement as Novell's price goes up. The entity doesn't matter; it is still the FUDsters. The unXis deal will make sure something unclear happens even if a decision comes down. It is best for Novell to defeat this deal.

  6. The courts and the lawyers are just bargaining chips. They just fight and plug away to their client's content. Law, facts, time, expense are just colored chips in the pile.

So no matter what happens with the bankruptcy and the appeal, the parties and the PIPE Fairy can shape an outcome more to their liking for the right price. No one is looking out for Linux.


~webster~

Tyrants live their delusions. Beware. Deal with the PIPE Fairy and you will sell your soul.


[ Reply to This | # ]

Could judge Gross be onto SCO's win by surprise strategy?
Authored by: DannyB on Monday, February 28 2011 @ 03:17 PM EST
PJ wrote . . .
I know. You are thinking that they'll just cancel again. I don't think so. The last cancellation wasn't SCO. They'd filed their typical last-minute surprise filing on the eve of the hearing, thinking Novell wouldn't have time to research much, and then the judge postponed it. SCO only then revealed [. . . .] So Novell has had lots of time to research and find out all the details [. . . .] So, unless SCO throws more last-minute details onto the pile, it will be the first hearing in a long time where SCO won't be benefiting from their win-by-surprise strategy.
When reading that I had to wonder if judge Gross could be on to SCO's win by surprise strategy.

Maybe he remembers a very questionable deal where the ink was not even dry, signed on the courthouse steps, and copies could not be made for the other parties.

SCO managed to derail the entire agenda and cause the court and parties to spend hours well into the late evening.

Maybe in retrospect, judge Gross has had second thoughts about SCO? When he made the infamous "what are they gonna do" remark, he was well aware that he was letting SCO get away with pushing boundaries. Maybe now after so much additional time has elapsed, and in light of the substance of Novell's objections, isn't willing to let SCO pursue a fantasy. Maybe he realizes there is no more "benefit of the doubt" to be given.

---
The price of freedom is eternal litigation.

[ Reply to This | # ]

Last minute filings
Authored by: maroberts on Monday, February 28 2011 @ 03:22 PM EST
Are they permitted in the US? In UK civil cases you are meant to file evidence/
statements at least 7 days before the hearing. I presume there are exceptions to
this rule, but would have thought something similar was present in the US

[ Reply to This | # ]

March 2nd???
Authored by: Anonymous on Monday, February 28 2011 @ 03:42 PM EST
I'd love to be there to see the fur fly, but I don't expect the hearing to
actually take place! I do expect them to keep delaying till the bank accounts
run out. I'm a realist.

[ Reply to This | # ]

prediction: $18 cash deal goes through n/t
Authored by: YurtGuppy on Monday, February 28 2011 @ 05:18 PM EST
.

---
every guppy is a half-full kind of guy

[ Reply to This | # ]

I can't sell your car, after all.
Authored by: Anonymous on Monday, February 28 2011 @ 05:20 PM EST
Aaah, PJ, always so honest and forthright. If you had engaged BSF
as your attorneys you could sell the title papers to my car, and
the subsequent suit(s) could trail thru the courts for tens of years,
trying to prove that the sale contract documents indeed transferred
only the paper and no rights to the actual car.

AFAICT SCO is selling only the 2003 placeholder registrations which
will also provoke another nuisance suit to have them invalidated.

[ Reply to This | # ]

SCO filed their typical last-minute surprise filing
Authored by: kh on Monday, February 28 2011 @ 05:32 PM EST
It's amazing that now it's the trustee doing this. How is that happening? Are
they getting advice from the old owners? Is that allowed?

Did Novell ask for the adjournment?

[ Reply to This | # ]

SCO might not be suing itself, but MS seems to be trying to sue itself.
Authored by: Davo.Sydney on Monday, February 28 2011 @ 06:30 PM EST
I remember it being mentioned that SCO should be suing itself. But if Novel is
being sold to Attachmate with some ties to Microsoft, Novel has already got that
deal with Microsoft, and Microsoft introduced an investment through Baystar
Capital to SCO, and Microsoft has something to do with unXis. Then I can't help
but think Microsoft is 'almost' suing itself while also selling/licensing part
of itself to itself. (SCO isn't allowed to sue itself, MS probably owns the
patent on that...)

I know this isn't the case as these companies are separate entities. And if one
thinks that this can only happen in another universe, but from the point of view
of some other universe, this is another universe...

[ Reply to This | # ]

You are thinking that they'll just cancel again. I don't think so
Authored by: Yossarian on Monday, February 28 2011 @ 08:52 PM EST
Wanna bet?

[ Reply to This | # ]

  • $1 - Authored by: DaveJakeman on Tuesday, March 01 2011 @ 04:57 AM EST
Cancellation countdown
Authored by: jpvlsmv on Tuesday, March 01 2011 @ 09:42 AM EST
Only 12 business hours and change remain for SCO to find a reason to cancel the
hearing.

The responder with the closest time (without going earlier) wins bragging
rights.

--Joe

[ Reply to This | # ]
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