Novell wants SCO's bankruptcy stay lifted so federal trial can proceed Novell fired its first legal salvo against the bankrupt SCO Group when it sought to lift the Lindon company's bankruptcy protections so it can recover millions of dollars in licensing fees it claims SCO wrongfully "hijacked."
More filings in the bankruptcy, mostly orders granting admission pro hac vice to the various attorneys from out of state. But there is a notice of appearance from the Texas Comptroller Of Public Accounts. So, after Novell, that's our first creditor showing up and saying it would like to be kept informed. And indeed you'll see Texas added to the list of those folks getting notice of the other major filing of the day, the proposed schedule for omnibus hearings SCO has drawn up, October 5, November 6, December 5, 2007 and January 8 and February 5, 2008.
"The Nasdaq Staff has decided to delist SCO at open of business on September 27, 2007 under their discretionary authority and as a result of SCO filing for Chapter 11 bankruptcy protection. SCO can get a hearing but "There can be no assurance that the panel will grant the Company's request for continued listing.""
In the print edition of Forbes there's a great (albeit sometimes painful) tradition of doing "follow-through" articles where a reporter either takes a victory lap for making a good call or falls on his sword for making a bad one. Online publications don't typically ask for follow-throughs. But I need to write one.
The SCO Group, Inc., a leading provider of UNIX software technology and mobile services, today announced that it filed a voluntary petition for reorganization under Chapter 11 of the United States Bankruptcy Code. SCO's subsidiary, SCO Operations, Inc., has also filed a petition for reorganization. The Board of Directors of The SCO Group have unanimously determined that Chapter 11 reorganization is in the best long-term interest of SCO and its subsidiaries, as well as its customers, shareholders, and employees.
As CEO and president of SCO Group, McBride has spent the last few years trying to collect billions in licensing fees from companies using the Linux operating system, earning the wrath of the world's open-source geeks. For scores of programmers, here was a lawyered-up copyright troll trying to shake down Linux -- the free, open-source operating system built by idealistic hackers working for the common good.
Following Judge Kimball's declaration that the Unix System V copyrights belonged to Novell, Steven Vaughan-Nichols speculated about what the decision might mean for Sun, which updated its Unix license to System 5 Release 5 in February 2003.
SCO CEO Darl McBride has sent a letter to partners and customers about the ruling in SCO v. Novell and its impact on SCO as a company. We get the clearest hint yet of what SCO may be thinking for the future, and as I expected, there is no white flag flying yet.