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Netstat -vat by Sean Michael Kerner (bio)

A command line view of IT



SCO can't sell itself

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From the 'they're still around?' files:

The judge in the on-going SCO bankruptcy case has denied SCO's attempt to sell itself off. Back in June, SCO tried to sell off part of its business to investor Stephen Norris in an effort to seperate SCO's Unix business and it's ongoing litigation against Novell and IBM.

Both Novell and IBM, had their own motion in play - to get the judge to convert SCO's chapter 11 bankruptcy protection into a Chapter 7 Bankruptcy liquidation. Judge Kevin Gross denied Novell and IBM's motion as well.

What did happen is that the Judge appointed a trustee to oversee SCO and to evaluate what should happen next. The way I read the court's opinion, is actually somewhat favorable to SCO. It looks to me like the Judge is giving SCO a way out against the 'big wealthy' companies they are facing off against.
"The Court's decision is not intended as a criticism of Debtors' efforts or conduct," Gross stated."SCO found their UNIX operating system under attack and sought redress through litigation.Their principal adversaries, IBM and Novell, are wealthy and have used their deep pockets in the Litigation and in these bankruptcy cases to Debtors' disadvantage."
Gross goes on to note that IBM and Novell are entitled to act in their self-interest and that is what they are doing.

But at the heart of the situation is the fact that SCO really has no money. 

So if SCO is liquidated there is no chance their litigation will ever proceed. SCO entered into Chapter 11 protection in September 2007 after losing a decision to Novell on the ownership of UNIX copyrights.The company had been delisted from NASDAQ in late December 2007, and has since been traded in over-the-counter "Pink Sheets." 

Gross has some harsh details about SCO's financial situation in his legal opinion document.
"It is an understatement to stay that since the filing of their bankruptcy the Debtors financial situation has greatly declined," Gross stated. "Their own Operations Monthly Operating Report for March 31, 2009, the latest Monthly Operating Report which Debtors have filed, shows that Debtors have lost $8,652,612 since filing, without taking into account reorganization costs. These losses compare to total assets of $8.3 million of which there is $728,537 of unrestricted cash and net accounts receivable of $1.4 million."
So SCO does have some cash to continue to operate - but not for long. Without a buyer for some of its assets (or litigation) I just don't see how SCO can continue. At some point their lines of credit will disappear and without any real prospect of a legal win - what's the point?

What continues to amaze me about this case is the simple fact that SCO after all that has happened is still hanging on, but not for much longer. This is the end game.

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1 Comments

GL said:

How is it possible that SCO's CEO was allowed to ruin this company? The only thing I've been able to ascertain from following this story over the years is that it was caused by a anger filled blood feud with Novell and IBM? Astounding lesson of bad strategic decision making and completely without regard to maintaining or improving its own products. Compouded by a total disregard for its customers. I once regarded SCO Linux to be the most promising and best product available. It was killed for no coherent reason. SCO could have had it all. Amazing that no one was able to rein in Mr McBride. It is just a sad story that seems to never end.

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