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SCO Wants Summary Ruling, Wants To Appeal Unix Ownership Decision

Zonk posted more than 6 years ago | from the before-the-door-shuts dept.

Patents 111

An anonymous reader writes "SCO is asking the court to enter a final judgment on the Unix ownership issues so that it can seek an immediate appeal. The logic for this, according to Groklaw Editor Pamela Jones, is that SCO would rather appeal right away so it can try all its claims at IBM, should it successfully appeal the judge's order. 'Otherwise, SCO has to wait until Novell goes through trial to a verdict and then appeal, and while it is in the appeal process, IBM would go forward in its now much smaller version, based on the August 10th ruling ... The trial starts, though, in less than a month and it will last less than a week, so none of this makes any sense if you look at a calendar. I think, therefore, it must be about FUD, so it sounds like SCO is on the move again.' The text of the request is available online. "

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111 comments

for fucks sake (0, Redundant)

scenestar (828656) | more than 6 years ago | (#20427109)

Can't SCO just die allready?

Re:for fucks sake (2, Funny)

TheLazySci-FiAuthor (1089561) | more than 6 years ago | (#20427149)

Just SCO away already! ;)

Stick a Fork In Them (4, Interesting)

eldavojohn (898314) | more than 6 years ago | (#20427221)

Can't SCO just die already?
Hey, don't worry, their stock [google.com] is around 60 cents and was at 44 cents. If they drop below a quarter a share, they get delisted (just like SGI). As far as Wall Street (and investors are concerned), you might as well be dead once that happens.

You can tell how much each of their moves is worth by watching their stock. Lose the Unix case, your stock drops from $1.56 to $0.44. Make a shill appeal and win back 16 cents. Laughable at best.

Annoying? Yes. Something to worry about? Not at all in my opinion.

These have been considered junk stocks for awhile. Now they're simply laughable junk stocks. Expect to see them in your spam e-mails with scams claiming they'll be opening at a nickel and closing at a dime.

Re:Stick a Fork In Them (1)

joeldg (518249) | more than 6 years ago | (#20427551)

they are probably doing a hail-mary to try and keep from being de-listed ;)

hehehe.. I like the thought of them being de-listed ... oh' glorious day that will be..

Re:Stick a Fork In Them (1)

pete6677 (681676) | more than 6 years ago | (#20431199)

Especially if their ticker changes back to SCOXE. It rhymes with a well known horror-show website that describes what will happen to Darl soon.

Re:Stick a Fork In Them (0)

Anonymous Coward | more than 6 years ago | (#20427565)

I remember reading Slashdot financial advice after the LNUX IPO. About how great it was, how this was proof that the market was headed to Linux. It was over $200! Eric S Raymond, the then darling of the geek crowd and FOSS conscience at LNUX, counted his money right in front of us. Because of this huge cash windfall the guy was going to be so popular he would have to start charging for speaking engagements. LNUX was the train the be aboard for sure.

You guys always know so much about fianance. Man.

I wonder what ESR's rate for an hour long talk is these days? I wonder if Taco's lock expired in time for him to buy a cheeseburger with what he got paid for Slashdot.

Re:Stick a Fork In Them (2, Insightful)

iminplaya (723125) | more than 6 years ago | (#20427641)

Hey, penny stocks are not the worst investments you can make. You can net a "pretty penny" if you have a good sense of timing.

Re:Stick a Fork In Them (1)

pwizard2 (920421) | more than 6 years ago | (#20430181)

Hey, penny stocks are not the worst investments you can make. You can net a "pretty penny" if you have a good sense of timing.
The main obstacle is the hyper-volatility of penny stocks... since things can change so fast it's almost necessary to be able to execute trades in real-time.

Another problem that plagues a lot of penny stocks is a lack of liquidity with the brokerage firms.

Re:Stick a Fork In Them (1)

u-235-sentinel (594077) | more than 6 years ago | (#20427707)

These have been considered junk stocks for awhile. Now they're simply laughable junk stocks. Expect to see them in your spam e-mails with scams claiming they'll be opening at a nickel and closing at a dime.

I guess this means it's too late to sell and make a few bucks?

Yes, that was a joke ;-)

Re:Stick a Fork In Them (2, Informative)

Zontar_Thing_From_Ve (949321) | more than 6 years ago | (#20427709)

Hey, don't worry, their stock is around 60 cents and was at 44 cents. If they drop below a quarter a share, they get delisted (just like SGI). As far as Wall Street (and investors are concerned), you might as well be dead once that happens.

You can tell how much each of their moves is worth by watching their stock. Lose the Unix case, your stock drops from $1.56 to $0.44. Make a shill appeal and win back 16 cents. Laughable at best.


SCO is the perfect example of how the stock market makes no sense. After the judge ruled that SCO didn't have the copyrights to Unix, their stock plummetted to about 50 cents from being worth over a dollar a share. As I right this, 15 minutes ago (I'm using free trackers which lag behind the market by 15 minutes), SCOX is trading at 68 cents a share. This means that SCOX has actually gained in value since it got hammered. Does that make any rational sense? It doesn't to me, yet there appear to be many people out there who still think that SCOX has value.

Actually, stocks get delisted if they trade for under a dollar a share for a long enough period. SCO already faced a delisting action, but they did a reverse split where they converted 3 old shares for 1 new share. It's an artificial way to pump up a stock's value and it almost never works, yet in this case it did. I wouldn't be surprised to see SCO do yet another reverse split if necessary to get the share price back over a dollar and there would be somebody stupid enough to buy it.

I have 2 friends who several years ago got out of the stock market permanently. It was stuff like this that just defies all logic that made them decide that the stock market was too much black magic for their tastes.

It makes sense (0)

Anonymous Coward | more than 6 years ago | (#20427797)

I think the recent business deal [cnn.com] is what caused their stock to surge in the last day and a half. If you look at the price two days ago, it was still 50 cents a share, then news of their business deal came out and the price surged. Their stock is down 8% today though, which should make you happy.

Re:Stick a Fork In Them (2, Insightful)

nuzak (959558) | more than 6 years ago | (#20427837)

> there appear to be many people out there who still think that SCOX has value.

Las Vegas is proof that people think slot machines have value. It's speculation, not a value investment.

Re:Stick a Fork In Them (2, Insightful)

hawk (1151) | more than 6 years ago | (#20428139)

Maybe if you make that "Indian casinos".

Las Vegas is not in the same business as Indian and other local casinos and lotteries. They are in the gambling business, while we are in the fantasy business.
-
People play there trying to win; people come here (typically) knowing how much they will lose (with a hope to beat the odds). They get off the plane or climb out of the car, and for however many days, they're in a fantasy world.

The best example may be the guys that would never step foot in a bimbo joint, but that take their wives to a "topless revue"--and she enjoys it! Look at the lines for those--they're generally not a bunch of guys, but primarily couples.

For vegas, gambling is a major part of the shtick, but it's just a part of the alternate world of the fantasy.

hawk

Re:Stick a Fork In Them (0)

Anonymous Coward | more than 6 years ago | (#20428075)

Actually, SCO stock seemed to jump in response to some actual business operations. Apparently, they sold a bunch of Open Server software to a Russian bank. See http://biz.yahoo.com/prnews/070830/lath046.html?.v =101 [yahoo.com]

The bigger question in my mind, is how could somebody be stupid enough to actually take a chance on buying SCO software, when there is a good chance they won't be around a year from now?

Re:Stick a Fork In Them (1)

pal3f (1094703) | more than 6 years ago | (#20428709)

Maybe it's not such a bad idea: get your upgrade now, and then you end up not having to pay all those months of maintenance and service that you contracted for!

Re:Stick a Fork In Them (1)

RobertLTux (260313) | more than 6 years ago | (#20429685)

are they crazy?? rich russians may or may not be more Family than Comrades (so how do you say Speak Softly Love in russian?)

Re:Stick a Fork In Them (2, Interesting)

twistedcubic (577194) | more than 6 years ago | (#20428203)


Does that make any rational sense? It doesn't to me, yet there appear to be many people out there who still think that SCOX has value.

Actually, for those who bought at $0.44/share, their investment is worth $0.68/share now-- a 54.5% increase in value, in about a week. There are lots of investors who buy when they think the stock is at its lowest possible value (short term or long term). Yes, they're taking a risk, but whether they think SCOX "has value" is irrelevant. I think history tells us that SCO always does a stunt to raise its stock price after a crisis, so some people might think you're foolish not to invest in SCO at $0.44.

Re:Stick a Fork In Them (1)

rtechie (244489) | more than 6 years ago | (#20427821)

I think the other poster was on the right track. Clearly the management at SCO doesn't give a damn about the company and are operating in cahoots with the lawyers trying to bleed what's left through salaries and legal fees. They're probably shorting the stock too. At some point maybe the shareholders thought they could get some value out of the company through IP, but now it's just about the executives getting paid to do essentially nothing.

Re: delisting (1)

durdur (252098) | more than 6 years ago | (#20427991)

A buck is the threshold for delisting, not $0.25. But the exchange can agree to delay the delisting. It is not automatic.

Also this is the least of SCO's worries. Quite a few companies have been delisted, at least temporarily, and survived. It doesn't change their finances in any direct way.

The real problem is, SCO may wind up owing Novell the money they obtained from selling licenses to Sun and Microsoft - money they no longer have. Then they are bankrupt.

Re:Stick a Fork In Them (-1, Troll)

Anonymous Coward | more than 6 years ago | (#20428165)

d00d, i see you're a subscriber. i just wanted to know, can you tell me what it's like to be a complete fucking limpwristed brown noser?
 
you're so fucking pathetic that it nearly makes me ill.

Your Ideas Intrigue Me & I Wish to SUBSCRIBE (5, Funny)

eldavojohn (898314) | more than 6 years ago | (#20428409)

d00d, i see you're a subscriber.
Yeah, the $5 was a lot. I mean, it was a lot! Nearly broke me if I recall. Then I had to go into my user preferences and set it to never use my subscription pages. What brown nosing work! That one time fee of five American dollars is quite the payment, but I think if you ask them real nice, they may be able to work out a payment or leasing plan for you. Look into it.

i just wanted to know, can you tell me what it's like to be a complete fucking limpwristed brown noser?
Somedays it's really really hard. I mean, I think to myself, "How can I add to the conversation surrounding this story?" More importantly, I try to make it a rule to post only once to each story because if someone can refute my ideas then I should have prepared for that. I don't just value the ability to hold an opinion, but more so the ability to see all points of view and take them into consideration on your initial assessment of the situation. I'm a big fan of General Buck Turgeson and so I "Hate to judge before all the facts are in," and therefore, I consider my best comments to be those with little or no responses. I've been wrong thousands of times, was even wrong in the above post in that I thought delisting status came at under a quarter, not a dollar. But, hell, someone corrected me, good for them. Can't argue stuff like that. A lot of times, I don't even post I just read others comments because I really don't have anything to add (imagine that!).

As for my limp wrists, I'm quite sensitive about that and I would appreciate it if you left that out of the conversation. I had a freak teapot lifting accident when I was 8 and ever since then, I haven't been able to lift my knuckles above my ulnae & radii. Go ahead and laugh, all the kids did, I've learned to deal with it and push on. Oftentimes when I look in the mirror I see a fat, slower, stupider Lance Armstrong looking back at me. If Lance beat cancer, I can with God's help beat this horrible limp wrist affliction. Don't even get me started on the birthmark on my nose.

you're so fucking pathetic that it nearly makes me ill.
Well, go ahead and add me to your foes and give your foes a -5 modifier. You'll never see my comments again. You do know that Slashdot has that feature, right? I don't understand why it makes you ill. Did I crawl the intarweb to your computer and force you to read my comments and apply them to your skin or else you get the hose again? Truly baffling to me that my posts have the power to be an ailment.

So tell me, oh valued Anonymous Coward, what did you add to the conversation with your comment?

Re:Your Ideas Intrigue Me & I Wish to SUBSCRIB (0)

Anonymous Coward | more than 6 years ago | (#20430699)

For one, he (I'm going out on a limb with his gender here) prompted your funny response. I think he deserves credit for that.

In return, all you could do was incite this shitty response. Hardly bragable.

Re:Stick a Fork In Them (1)

commodoresloat (172735) | more than 6 years ago | (#20428601)

their stock is around 60 cents and was at 44 cents.

Holy shit! It's going up!!

Re:Stick a Fork In Them (1)

Chris Mattern (191822) | more than 6 years ago | (#20428871)

Hey, don't worry, their stock is around 60 cents and was at 44 cents. If they drop below a quarter a share, they get delisted (just like SGI). As far as Wall Street (and investors are concerned), you might as well be dead once that happens.


Really, they stop taking you seriously if you go under $1 a share. You might not be delisted, but "penny stocks" are rarely given serious consideration by anybody but fools and scammers.

Chris Mattern

Re:for fucks sake (0)

Anonymous Coward | more than 6 years ago | (#20427445)

... better lay some pirates and/or ninjas on these zombies ...

No, Gates and McNeally are keeping SCO alive (0)

Anonymous Coward | more than 6 years ago | (#20428477)

Both had a BIG part of pushing SCO into this. I have no doubt that BOTH are still very much part of this charade.

Settlement (2, Insightful)

COMON$ (806135) | more than 6 years ago | (#20427141)

There is NO WAY a settlement could possibly pay for the cost of this legal fiasco. SCO's dignity was shot a long time ago, even if they do prove their case they will still look like an ass and their ship will sink.

Re:Settlement (3, Insightful)

Xtifr (1323) | more than 6 years ago | (#20427775)

It's not about the company any more making money any more. Bankruptcy is pretty much a foregone conclusion at this point. However, the longer the company holds on, the longer the money it technically shouldn't have any more can be spent on executive salaries (and bonuses--Darl has earned all sorts of bonuses for his "creative" approach to company management).

Re:Settlement (2, Insightful)

COMON$ (806135) | more than 6 years ago | (#20428197)

Exactly, I am not a business guru, but the only positive I can see with that company is padding the executive's pockets. If I were an engineer or dev at SCO I would be fleeing.

Re:Settlement (1)

mandolin (7248) | more than 6 years ago | (#20429431)

Any engineer or dev worthy of the title should have fled SCO years ago, or at least tried to (maybe the Lindon, UT job market is really awful, or something).

Re:Settlement (1)

WPIDalamar (122110) | more than 6 years ago | (#20429797)

I'd love to get on any project at SCO with a 6 month+ timeframe.

You wouldn't have to do anything!

It's their right to try (5, Insightful)

liquidpele (663430) | more than 6 years ago | (#20427143)

But this is the reason this has been going on for so long, the judge wanted to hit all the stops so any appeals would not likely be overturned or may be rejected altogether.

But who says the judge has to hurry... (0)

Anonymous Coward | more than 6 years ago | (#20427545)

Can the judge drag his feet and make excuses for not making a decision?

"Sorry, Mr. Boies, but I left the decision on my table and the cat jumped up and shit on it. I'll have to type it all up again next month."

Turnabout is fair play.

Patents? (1)

Hyram Graff (962405) | more than 6 years ago | (#20427187)

Why is this marked as patents? There is nothing about patents in the case, it's all about copyright and contracts.

Re:Patents? (1)

jabuzz (182671) | more than 6 years ago | (#20427321)

I believe that IBM picked four of it's patents and used them as part of their counter claims. Not entirely sure what became of that part of the case however.

IBM dropped their patent counterclaims (4, Informative)

stites (993570) | more than 6 years ago | (#20427387)

"I believe that IBM picked four of it's patents and used them as part of their counter claims. Not entirely sure what became of that part of the case however."

IBM dropped their patent counterclaims some time ago.

-----------------
Steve Stites

for fucks sake (-1, Flamebait)

Anonymous Coward | more than 6 years ago | (#20427201)

Can't Linux just admit it steals code and ideas? I mean shit why cant it just purchase the ideas like Microsoft or google. People have families to feed, coders cant give shit away for free. How long will it take for you fuckers to realize this? You write code for free, companies like red hat, Novell, ibm, hp, etc, all sell your code to business clients and make money off of it. Why do you think they sell the corporate version? Because they have the money and they want the support for the stuff YOU write. Damn fuckers wake up. Your hobby is making people rich. Look at red hat, or why would Novell want to purchase Suse? PAY MONEY TO SUES FOR A FREE PRODUCT?!?!?!

Class Action (0)

Anonymous Coward | more than 6 years ago | (#20427215)

Can we all get together and file a class action lawsuit against SCO for wasting our valuable reading time on slashdot? Not to mention the complete waste of bandwidth resources.

Wrong, ill tell you what SCO want (3, Funny)

unity100 (970058) | more than 6 years ago | (#20427249)

they want a good old fashioned beating with baseball bats or whips. preferrably in amish country.

Re:Wrong, ill tell you what SCO want (5, Funny)

CheddarHead (811916) | more than 6 years ago | (#20427269)

Am I the only one wondering what the hell being in amish country would have to do with this?

Re:Wrong, ill tell you what SCO want (5, Funny)

Stanistani (808333) | more than 6 years ago | (#20427323)

Strong arms from butter churning.

Re:Wrong, ill tell you what SCO want (1)

Attila Dimedici (1036002) | more than 6 years ago | (#20427555)

The problem with that is that the Amish are "non-resistant". That means they don't beat people up, even when those people attack them.

Re:Wrong, ill tell you what SCO want (5, Funny)

JesseL (107722) | more than 6 years ago | (#20427785)

That's what they tell you.

The fact that you never hear from the people who survive an Amish beat down is proof of just how brutal they really are.

Re:Wrong, ill tell you what SCO want (1)

Sponge Bath (413667) | more than 6 years ago | (#20427583)

Strong arms from "butter churning".

Is that what they call it these days?
I guess all those one handed surfers are Amish.

Amish update. . . (1)

Slicebo (221580) | more than 6 years ago | (#20427931)

I dated an Amish girl, and let me tell you, it wasn't a butter churn that gave her those foreams, if you catch my drift.

Those calluses chafed, though.

Re:Wrong, ill tell you what SCO want (0)

Anonymous Coward | more than 6 years ago | (#20427347)

dunno, maybe so we could shun SCO in the Amish sense of the term?

Re:Wrong, ill tell you what SCO want (1)

FlatLine84 (1084689) | more than 6 years ago | (#20427577)

I'm pretty sure that comes from a movie... I think something with Harrison Ford.

Re:Wrong, ill tell you what SCO want (1)

jamstar7 (694492) | more than 6 years ago | (#20428287)

Am I the only one wondering what the hell being in amish country would have to do with this?

Easy access to buggy whips close at hand. Ever try to find a buggy whip at Walmart???

Re:Wrong, ill tell you what SCO want (0)

Anonymous Coward | more than 6 years ago | (#20428727)

In large open spaces no one can hear them scream

Mormon != Amish (1)

sadler121 (735320) | more than 6 years ago | (#20427563)

for the last time Mormon != Amish

Re:Wrong, ill tell you what SCO want (1)

C0vardeAn0nim0 (232451) | more than 6 years ago | (#20427609)

i thought the were in mormon country...

how would that be called ? mormonia ? mormoland ?

Re:Wrong, ill tell you what SCO want (0)

Anonymous Coward | more than 6 years ago | (#20427863)

Utah.

Re:Wrong, ill tell you what SCO want (1)

SwordsmanLuke (1083699) | more than 6 years ago | (#20427911)

how would that be called ? mormonia ? mormoland ?
Utah.

Re:Wrong, ill tell you what SCO want (0)

Anonymous Coward | more than 6 years ago | (#20428217)

ihow would that be called ? mormonia ? mormoland ?
Mormonstan.

Re:Wrong, ill tell you what SCO want (1)

Chris Mattern (191822) | more than 6 years ago | (#20428835)

i thought the were in mormon country...

how would that be called ? mormonia ? mormoland ?


Last I checked, they simply called it "Utah".

Chris Mattern

want, want, want (-1, Redundant)

Anonymous Coward | more than 6 years ago | (#20427255)

SCO Wants Summary Ruling, Wants To Appeal Unix Ownership Decision ...

and a pony!

Hopefully they won't get any of it.

Re:want, want, want (0)

Anonymous Coward | more than 6 years ago | (#20427265)

We do have a pro-MS Administration, so anything is possible.

Ruling (5, Funny)

halcyon1234 (834388) | more than 6 years ago | (#20427281)

SCO: We want a summary judgment!

Judge: Fine. In summary, shut the fuck up.

Re:Ruling (5, Funny)

Slicebo (221580) | more than 6 years ago | (#20427983)

SCO: We want a second opinion!

Judge: Fine. Your tie is ugly, too.

"Dead Cat Bounce" (2, Insightful)

HotNeedleOfInquiry (598897) | more than 6 years ago | (#20427325)

"Even a dead cat dropped off a roof will bounce a little" The stock will bounce up a little bit with the announcement and the investors will have a chance to mitigate their losses slightly. Yawn. /sbin/shutdown -h now

Re:"Dead Cat Bounce" (1, Funny)

Anonymous Coward | more than 6 years ago | (#20427511)

On a SCO OpenServer system your suggestion produces:

/sbin/shutdown: not found

Metaphor?

Re:"Dead Cat Bounce" (1)

HotNeedleOfInquiry (598897) | more than 6 years ago | (#20427631)

I wished I were that clever....

Re:"Dead Cat Bounce" (1)

Mr. Underbridge (666784) | more than 6 years ago | (#20427619)

"Even a dead cat dropped off a roof will bounce a little" The stock will bounce up a little bit with the announcement and the investors will have a chance to mitigate their losses slightly. Yawn. /sbin/shutdown -h now

Problem with that is that you know these clowns will surface again, buy some formerly well reputed company with a shaky claim against some cash-rich company, and try the same basic shakedown.

So it's more like: /sbin/shutdown -r now

Re:"Dead Cat Bounce" (1)

jamstar7 (694492) | more than 6 years ago | (#20428393)

Problem with that is that you know these clowns will surface again, buy some formerly well reputed company with a shaky claim against some cash-rich company, and try the same basic shakedown.

I thought Darl & his buddies were just scammin up all the bonuses they could sink their claws into just to not have to actually go to work again.

It'd be funny if all their bonuses were in SCOX stock with a contract to not sell before the legal system was through chewing them up & spitting them out...

Oblig. LOTR quote (1)

Akaihiryuu (786040) | more than 6 years ago | (#20429207)

"He twitched because my axe is embedded in his nervous system!"

Re:"Dead Cat Bounce" (1)

jimicus (737525) | more than 6 years ago | (#20429313)

Have you tested that? I'd imagine that if the cat has been dead long enough, it would land with a sort of damp splat.

Of course, they have no choice (4, Insightful)

Opportunist (166417) | more than 6 years ago | (#20427331)

They HAVE to appeal. Everything else would be suicide. It's all they got. It's like not appealing a death sentence. Not appealing it means that you already lost. What could they lose? Nothing. What could they gain? Survival.

Did anyone really think they wouldn't?

Re:Of course, they have no choice (1)

Kandenshi (832555) | more than 6 years ago | (#20427989)

[Matthias is about to be stoned to death]
Matthias: Look, I don't think it ought to be blasphemy, just saying "Jehovah".
[Everyone gasps]
Jewish Official: You're only making it worse for yourself!
Matthias: Making it worse?! How can it be worse?! Jehovah! Jehovah! Jehovah!
(Shamelessly stolen from Life of Brian [wikiquote.org] )
Sorry, you just reminded me of that scene and I agree with both you and Matthias. You might as well appeal that death sentence/court judgement. As is now, they'll almost certainly burn. A small chance of success on appeal sure, but they might as well. Appealing is unlikely to land them in jail after all.

Re:Of course, they have no choice (1)

trifish (826353) | more than 6 years ago | (#20428615)

What could they lose?

Nerves, money for lawyers, come to mind as first.

Re:Of course, they have no choice (1)

CodeBuster (516420) | more than 6 years ago | (#20428917)

Appeals cost money and where is the money coming from? Investors are not irrational people...they know when to cut their loses and retire from the field.

Re:Of course, they have no choice (0)

Anonymous Coward | more than 6 years ago | (#20429053)

Investors are not irrational people

Hahahahaha.

Investors aren't people. They are sheep.

Re:Of course, they have no choice (1)

geekoid (135745) | more than 6 years ago | (#20430365)

well, they would save that sliver of dignity they have left.

OTOH:
Dignity -- Always a little left to loose.

Re:Of course, they have no choice (1)

pipingguy (566974) | more than 6 years ago | (#20431305)

Nothing about this case is appealing (it's rather rather appalling) but lots of appealing is going on.

This is SCO stalling for time...again (4, Interesting)

HangingChad (677530) | more than 6 years ago | (#20427335)

SCO knows their appeal has about as much chance as being stuck in a snowstorm on sunny July day in downtown Dallas. This is SCO trying to get the trial date pushed back far enough they can suck as much cash value out of the company as possible before filing for bankruptcy protection.

If they lose now they'll leave behind a chunk of cash.

Hopefully the appeals court opts not to review the case and SCO is dead by Christmas. What a nice present that would be for the holidays.

Re:This is SCO stalling for time...again (0)

Anonymous Coward | more than 6 years ago | (#20427533)

SCO: "YO HO, HO?"

Re:This is SCO stalling for time...again (0)

Anonymous Coward | more than 6 years ago | (#20428001)

In the mean time, the judge should set aside Novell's share of the Sun/Microsoft SRV5 license fees*, into a trust lest it is all gone by Christmas. The lawyers may have been paid already, but Darl needs a new Lexus. Keep an eye on the office furniture in their Lindon offices, too. It's not hard to predict that some Monday in the near future, workers will arrive at work and find that either their keys don't work in the lock, or else a chain is barring the front door.

* The judge has already said that these licenses are SRV5 on their face, and that SCO would need to show some theory about the percentage that is due to Novell. The judge showed examples where SCO submitted money to Novell under this contract in similar situations, and acknowledging that SCO knew the contract requirements. In the normal course of events, Novell gives back 5% to SCO as a handling fee. The fact that the judge used the word "conversion" should aid in his decision to order the trust. I hope he notices that Novell has recently reported to him that they actually never received an accounting during the discovery phase, as he had assumed and as he wrote in his ruling.

Stalling for time? (1)

p3d0 (42270) | more than 6 years ago | (#20428379)

Is there anything else to stall for?

Re:This is SCO stalling for time...again (1)

RobertLTux (260313) | more than 6 years ago | (#20430449)

There was a filing in the IBM V TSCOG case if the judge agrees with IBM filing then TSCOG can fail to appeal the IBM case at the same time.
the question was given the PSJ filings what is left in the TSCOG V IBM case (since the matter has overlap)

IBM : Nothing left

TSCOG: the Dog ate my homework
i would expect a PSJ filing in the IBM case oh say friday at 05:00 EDT so whats the line on SCOX being delisted by next tuesday (i would bet on a STOP TRADE order by 03:00 on next monday)?

Re:This is SCO stalling for time...again (1)

Esion Modnar (632431) | more than 6 years ago | (#20430593)

and SCO is dead by Christmas. What a nice present that would be for the holidays.

All I want for Christmas is Darl's two front teeth.

SCO's lawyers should stop bilking SCO (1)

gatkinso (15975) | more than 6 years ago | (#20427351)

I mean come on guys, haven't you lead them on enough already?

The Gift of the SCO Lawsuit (5, Funny)

fishyfool (854019) | more than 6 years ago | (#20427359)

In which we find out just how long one can beat a dead horse in the US Court System..

The headline is wrong (0)

Anonymous Coward | more than 6 years ago | (#20427441)

SCO has its summary judgment. The ruling is that SCO didn't get any of the Unix copyrights.

SCO's problem is that, under normal conditions, they can't appeal anything until the case is over. What SCO is asking for is a "Final Judgment". That could be appealed immediately. The judge doesn't have to grant it. In fact, PJ over at Groklaw has observed that such requests usually fail.

This is bad news for SCO because it guts their case against IBM. If they can get a Final Judgment and if they can successfully appeal, then the IBM case gets complicated again. That's what they want because their major strategy seems to be delay, delay, delay. It would be hard to delay the IBM case in its current simplified state.

Re:The headline is wrong (0)

Anonymous Coward | more than 6 years ago | (#20427527)

Actually SCO has a completely different motive.

If they appeal then the Novel trial would be after the appeal in a bout 5 years or so after the make a second appeal to the Supreme Court or maybe that would be the third as the could appeal the appelet court to the full applet court.

For the IBM case SCO would then get around to that in 10 years or so.

Meanwhile, according to SCO, SCO would own all of unix including AIX, HP Unix, SG Unix, Sun Unix, and BSD plus any and every program that ever came in contact with these operating systems.

If this is granted (2, Funny)

Kilz (741999) | more than 6 years ago | (#20427489)

The next move from SCO will be a motion to stay everything while they appeal. That will delay everything, which is exactly what SCO wants. They should be made to wait and appeal after they have lost everything.

When is the SEC going to investigate Darl McBride? (0)

Anonymous Coward | more than 6 years ago | (#20427513)

It seems like Darl is playing kamikaze with what is left of shell that was once SCO.
It's like he's got what he wanted out of SCO in his pocket and a promise from Microsoft for a job after the inevitable happens at SCO. So now he just wants to spend all of the remaining cash at SCO so when the baseless lawsuits are finally knocked down there will be nothing left for the various defendants.

I, for one, (1)

iminplaya (723125) | more than 6 years ago | (#20427599)

am impressed.

Bet you thought I was going to say something else, huh?... Gotcha.

Anyway, if nothing else, they are tenacious. A rather virtuous trait in most instances. Forget all that crap about dignity and credibility. This is about money. And somebody's doing pretty well for for it. So get some more popcorn, sit back, and enjoy the show. This is what IP law is all about. I'm not sure what else you could expect, but this is what you get from it.

Re:I, for one, (1)

fritsd (924429) | more than 6 years ago | (#20428005)

If you're an USian, you might as well sit back and enjoy the show -- your tax money paid for it!

Timing (1)

RelliK (4466) | more than 6 years ago | (#20427625)

SCOX has just filed this motion. Novell gets 15 days to reply, which puts the deadline in the second week of september. Then SCOX gets 7 days to reply to Novell. But the trial is scheduled to begin on september 17. The easiest thing for the judge to do is deny SCOX's motion as moot and say "don't worry, you'll get your final judgment soon enough".

What do SCO execs do all day? (1)

astrashe (7452) | more than 6 years ago | (#20427851)

If you're in upper management at SCO, what do you do all day? Wait for the lawyers to call with an update about how it's going?

If they didn't appeal, I guess the people still on staff would have to go out and get new jobs. That seems inevitable, but I guess they want to put it off.

It must be a really strange place to work now.

Re:What do SCO execs do all day? (1)

couchslug (175151) | more than 6 years ago | (#20429705)

"If you're in upper management at SCO, what do you do all day? "

If I had a job that paid well and required little, I'd enjoy the paycheck "all day".
If I'm not personally breaking any laws, what do I care what happens to the company?
Companies are expendable.

a good bargain (1)

Tsiangkun (746511) | more than 6 years ago | (#20427857)

$0.46 a share !!!

It's time to start framing the certificates and moving
them on eBay for $10 each !

Re:a good bargain (2, Funny)

Anonymous Cowpat (788193) | more than 6 years ago | (#20428133)

That's my idea! I posted it anonymously a few weeks ago, I'm going to sue!

It's buried somewhere in the original post announcing SCO's losing - go and get me all the comments and I'll show you it in there somewhere. Obviously, it's just a couple of lines...

Best. Tag. Ever. (1)

David Gould (4938) | more than 6 years ago | (#20428253)

undeadhorse
This is the first time I've wished I could mod a tag "+1, Funny". (Or should that be "Insightful"? Damn, I can never decide.) Whoever did that, thank you.

Re:Best. Tag. Ever. (1)

gbobeck (926553) | more than 6 years ago | (#20429137)

I agree with you. I used to use "hellnoiwontsco" as my tag for sco related fudicles, but undeadhorse is so much better.

Clearly SCO has no interest in its shareholders (0)

Anonymous Coward | more than 6 years ago | (#20428461)

Why can't SCO management give up the whole act and try to come to some kind of deal with IBM, Novell, Red Hat, and all of those harassed by their nusience lawsuit? It is not in the interests of SCO shareholders to proceed with squandering the shareholders' rapidly dwindling assets on what must be one of the most farcical lawsuits ever devised. The SCO board are surely guilty of at very minimum, gross neglience in their inept and greedy management of the whole fiasco. I just makes one wonder exactly why they are personally gaining from what is clearly not rational decision making. SCO never had any case, and the closer you look, the harder it is to see anything at all.

I better call my broker (1)

517714 (762276) | more than 6 years ago | (#20429487)

I better latch onto some of that SCOX stock before it the run-up.

Sweet zombie jesus (0)

Anonymous Coward | more than 6 years ago | (#20430749)

Crucifixion: check.
Walking dead: check.
Martyrdom: maybe in the church of microsoft might of the latter day gates?

yeah and I would like to appeal my ownership of... (1)

DragonTHC (208439) | more than 6 years ago | (#20431219)

I would like to appeal my ownership of Microsoft.

If SCO can convince a court that they own UNIX, then I can convince a court that I own Microsoft.

I once decided that I owned Microsoft.
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