SCO doesn't seem to be fully applying themselves lately. Perhaps they are a bit distracted. You'd think they'd at least *try* to do their paperwork correctly. Maybe they figure, why bother? It's over. We're under a death sentence. York's lawyer said so. So since tomorrow we die, let's eat and drink and be merry. That, at least, is rational.
SCO has withdrawn its motion, the "emergency" motion, to sell its assets. No reason given. Maybe all the peals of laughter from the IBM and Novell attorneys at the hearing?
"The US Trustee has filed two objections, one to the asset sale, the terms of which it calls unreasonable, and one to the use of the temp agency to hire a CFO. I am feeling like the unraveling has begun. There are more filings, but nothing like this!"
"Just got first word. The hearing is about to begin. Michael Jacobs is there. Darl just arrived. We have three eyewitnesses there. No, wait, I am hearing now four. So stay tuned. There will be periodic reports."
SCO has responded [PDF] to the SUSE opposition [PDF] to SCO's motion [PDF] to "enforce" the automatic stay. This is the most significant document in today's bankruptcy collection. You can read about the SCO motion and the SUSE opposition if you want to refresh your memory as to what it's all about. In a simple sentence, SUSE wants to go forward with the arbitration in Switzerland; SCO wants it to be stayed. Oh, and they want SUSE punished blah blah. They always throw that sort of thing in, from the SCO v. IBM case onward. At least that's my impression. And it puzzles me a lot, because it never works out for them.
This is almost as good as being there, the audio ( MP3 and Ogg) from the October 18 creditors' meeting with SCO's Darl McBride as witness of record, and Jean Acheson by his side providing details he can't recall. I gather she's recently had a promotion to comptroller. But she still would not be an authorized representative for a 341 meeting, not being an executive or member of the board. So she is there merely to assist, under oath also, but because she's new in the job, she doesn't know all the answers herself. She says very early that she's still learning.
SCO has gotten a $16 million bid from York Capital for its Unix business. Coupled with the $10 million line of credit York is ready to provide, it's money enough to keep SCO's litigation against Novell and IBM going and to underwrite its budding mobile interests, the company says. SCO's lawyers will be filing papers related to the bid this afternoon with the bankruptcy court in Delaware.
The never ending story surrounding SCO's litigation over alleged copyright infringements contained in Linux as well as the copyrights to Unix has taken yet another twist: The SCO Group, currently subject to proceedings under Chapter 11, is causing a stir as details in relation to their payment obligations emerge. In a filing published by the website Groklaw monitoring the litigation, the SCO Group asked the court for permission to finance judicial proceedings in Munich with up to 15,000 USD. Thereby the impression has been created the proceedings would be successful. The defendant takes a different view on this.