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Final Judgment — SCO Loses, Owes $3,506,526
Posted by
timothy
on Fri Nov 21, 2008 03:15 PM
from the seems-charitable-to-sco dept.
from the seems-charitable-to-sco dept.
Xenographic writes "SCO has finally lost to Novell, now that Judge Kimball has entered final judgment against SCO. Of course, this is SCO we're talking about. There's still the litigation in bankruptcy court, which allowed this case to resume so that they could figure out just how much SCO owes, which is $3,506,526, if I calculated the interest properly, $625,486.90 of which will go into a constructive trust. And then there's the possibility that SCO could seek to have the judgment overturned in the appeals courts, or even the Supreme Court when that fails. Of course, they need money to do that and they don't really have much of that any more. Remember how Enderle, O'Gara and company told us that SCO was sure to win? I wonder how many people have emailed them to say, 'I told you so.'"
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Your Rights Online: SCO's Lawsuit Gets Even Crazier 179 comments
I Don't Believe in Imaginary Property writes "With SCO in Chapter 11 bankruptcy and there being little to read other than status reports and the boring financial details of how the company is wasting its last few dollars, one could be excused for thinking the SCO lawsuits had lost their zip. But things just got a bit more interesting. Jonathan Lee Riches has asked the court to take over. Yes, the man also known as inmate #40948-018 is now bringing his legal experience to the table, having previously filed pro se lawsuits against such entities as Michael Vick, Michael Jordan, Mickey Mantle, the Lincoln Memorial, the Thirteen Tribes of Israel, 'Various Buddhist Monks,' Mein Kampf, Denny's, George W. Bush, the Soviet Gulag Archipelago, Bellevue Hospital, Iran's Evin Prison, Auschwitz, and Plato. In his hand-written pro se motion (PDF), he asks to intervene as Plaintiff pursuant to FRCP 24(a)(2). As best anyone can read the motion, it appears that he offered Novell some 'royalty payments' and they refused them, so he wants to protect his UnixWare rights. He also claims to have proof of SCO's claims, but he wants take over part of the case via FRCP 24 because SCO isn't competent, and allegedly he could do a better job. To be fair, between him and Darl, it's something of a toss-up."
[+]
Your Rights Online: Grokking SCO's Demise 242 comments
An anonymous reader writes "You have already heard the news that the SCO Group's US$5 billion threat against Linux is effectively finished. It was the Web site Groklaw.net that broke the news and posted the complete 102-page ruling; after that, it was picked up by mainstream media and trade press.
In fact, it's Groklaw that has covered every aspect of SCO's legal fights with Linux vendors IBM , Novell and Red Hat and Linux users Daimler Chrysler and AutoZone ever since paralegal Pamela Jones started the site as a hobby in 2003. This feature does a great job of chronicling Groklaws' hand in the demise of SCO's case."
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Your Rights Online: SCO Proposes Sale of Assets To Continue Litigation 290 comments
gzipped_tar sends in this excerpt from the Salt Lake Tribune:
"The embattled SCO Group Inc. is proposing to auction off its core products and use proceeds to continue its controversial lawsuits over the alleged violations of its copyrights in Linux open-source software. The Lindon company has filed a new reorganization plan with the federal court in Delaware where it sought bankruptcy protection from creditors after an adverse ruling in the Linux litigation. If approved by a bankruptcy judge, the plan could mean SCO's server software and mobile products lines are owned by other parties while SCO itself remained largely to pursue the lawsuits under the leadership of CEO Darl McBride. 'One goal of this approach is to separate the legal defence of its intellectual property from its core product business,' McBride said in a letter to customers, partners and shareholders. Jeff Hunsaker, president and COO of The SCO Group, said the litigation had been distracting to the company's efforts to market its products. 'We believe there's value in these assets and in order for the business to move forward it's imperative we separate it from our legal claims and we allow our products business to move forward,' he said Friday."
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Linux: Predicting SCO's Actions Post Bankruptcy 102 comments
eldavojohn writes "SCO lost last year and began the bankruptcy filings a long time ago but PJ has some speculative bad news on what they retain through the bankruptcy proceedings. SCO proposes to sell a number of assets to an outfit called UnXis, which PJ characterizes this way: 'It starts to hint that this is more a renaming, taking in some new management who seem to have financial expertise, and SCO keeps skipping along as unXis, with the dangerous litigation spun off safely into a litigation troll.' In their filings SCO says they retain 'their litigation and related claims against International Business Machines Corporation, Novell, Inc., AutoZone Corporation, Red Hat and certain Linux users which are not material customers of UnXis (excluding certain large-scale users of Linux servers) that are claimed to have infringed against UNIX copyrights.' So that's still a possibility they could go after anyone who is a 'certain Linux user.' And what's even worse is that they'll retain a patent for running multiple Java applications on a single Java virtual machine. We may not be out of the SCO litigation woods yet."
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You LOSE! (Score:5, Funny)
Re:You LOSE! (Score:5, Funny)
Mod parent: +1, Willy Wonka
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Re:You LOSE! (Score:5, Funny)
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Re:You LOSE! (Score:5, Funny)
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Re:3.5M? Oh noes... (Score:5, Insightful)
I am sure it does sting, considering they have spent quite a bit of that money on lawyers, corporate executive benefits, etc.
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RIGHT :P (Score:5, Funny)
Re:RIGHT :P (Score:5, Funny)
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I for one (Score:5, Insightful)
Can't wait to hear the last SCO story. Barring appeals, I really hope this is it.
Re:I for one (Score:5, Informative)
This ain't it.
Novell is done (modulo appeals and the arbitration -- see below).
Still pending
* Bankruptcy
* SuSE UnitedLinux arbitration (stayed pending resolution of BK)
* IBM's counterclaims (stayed pending resolution of BK)
* RedHat (stayed pending IBM)
* AutoZone (technically still alive, don't believe anyone's ever going to finish it. Stayed pending IBM, I believe).
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Is this truly the end? (Score:5, Funny)
Bailout (Score:5, Funny)
Of course, they need money to do that and they don't really have much of that any more.
They could always apply for a government bailout package.
This is great news (Score:5, Funny)
Now can we dismember the corpse, seal it in a hardwood box, put the box 12 feet under ground, cover it with at least a couple of tons of concrete, and then build a parking lot over the spot?
I don't want any chance of this zombie coming back again and demanding royalties.
Zombie? More like vampire.... (Score:5, Funny)
Don't forget the garlic you need to put in the coffin.
And make sure and kill any ghoul servants. They're always trying to resurrect their masters.
I suggest you start by a scheme of napalm applied liberally to the offices of their legal representation.
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Re:This is great news (Score:5, Funny)
And knowing my luck I would park on that lot and would have them send me a letter saying I owe them royalties for parking over there grave as its a privilege to do so.
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Re:This is great news (Score:5, Informative)
Many times when companies die (for legal reasons) the Management just creates a new company.
You mean like when SCO setup a company in the far-east and tried to transfer their assets to it?
Or like when SCO proposed splitting its company in two, with one part taking all the assets, and the other part taking the legal claims?
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Enderle matters? (Score:5, Insightful)
Anyone that would write an article extolling his Ferrari branded laptop and how the prancing horse logo adds raw ultimate power should never be taken seriously.
I guess some people do listen to that hack.
Well, perhaps a few less are listening to him now.
*shrug*
Re:Enderle matters? (Score:5, Funny)
Um, I beg to differ. That Ferrari logo adds at least 220hp to my internet connection.
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Re:Enderle matters? (Score:5, Funny)
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Christmas is early this year (Score:5, Funny)
SCO gets a final judgement and loses $3.5m. Someone (Missouri) finally files a RICO suit against the RIAA. Our do-nothing Congress actually gets the balls enough to stand up to the automotive industry.
At this point I'm halfway expecting to see a copy of Duke Nukem Forever in my stocking.
Re:Christmas is early this year (Score:5, Interesting)
SCO gets a final judgement and loses $3.5m
meanwhile Darl McBride is still disgustingly filthty rich. Too bad instead of stealing millions of dollars from innocent rubes, he wasn't dog fighting [chicagotribune.com] instead, like Michael Vick [chicagotribune.com].
I want to see Brainwol and McBride (while we're at it, my mortgage company's President and oil company presidents as well) in a cell with Vick.
These people are the anti-Robin Hoods, stealing from the poor to give to the rich.
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Re:Christmas is early this year (Score:5, Funny)
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Will SCO do a clearance sale of Linux licenses? (Score:5, Funny)
I've been waiting such a long time to afford one of these to try that Linux thing legally.
What about the license fees? (Score:5, Interesting)
I wonder about those companies who paid the SCO license fees to use Linux? Are they free now to sue SCO for the license fees they have paid?
gratification (Score:5, Funny)
Re:Isn't this just Novell's suit against SCO? (Score:5, Informative)
Been living under a rock for the last year?
Novell was found to own the copyrights to Unix, not SCO [wikipedia.org]
Effectively, case dismissed.
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