@CloudExpo Authors: Elizabeth White, Zakia Bouachraoui, Liz McMillan, Pat Romanski, Roger Strukhoff

Related Topics: @CloudExpo, Release Management

@CloudExpo: Article

SCO Threatened with Liquidation

The Delaware judge could put SCO out of business, throw it out of his court or approve a plan entered by SCO if it's got one

The day before Novell and SCO were to appear before a three-judge appeals panel in Denver where SCO is seeking to get the Utah summary judgment awarding ownership of Unix to Novell overturned, the trustee appointed by the bankruptcy court in Delaware where SCO sought safe haven, one Roberta DeAngelis, decided to try to push SCO into Chapter 7 and snuff out its life forever on the theory that it continues to lose money and can't get a reorganization plan, well, organized after three attempts.

In her opinion - which ignores what's happening on the big screen overhead - "there is not a reasonable likelihood that the debtors" - that's SCO - "will be rehabilitated."

Perhaps the Denver court - which heard SCO's appeal Wednesday on a very expedited schedule - will deliver a decision before the June 12 hearing date now set for this Chapter 7 threat. Not likely but possible.

The guy who will probably write the decision - a guess based on the lead he took at the hearing - Judge Michael McConnell is set to step down from the bench by late August to start teaching at Stanford. So the wait can't be interminable.

It was Judge McConnell who asked Novell Wednesday whether it really expected to get out of the SCO situation without a trial - exactly what Utah's ruling denied SCO and what it's complaining about.

Judge McConnell apparently can't understand what the point of the infamous Amendment 2 to that God awful Novell-Santa Cruz Asset Purchase Agreement (APA) was if not to transfer the copyrights or at least some of the copyrights - which ones is unclear. Novell basically told him Amendment 2 was meaningless or in the language used "null set."

The judges, on the other hand, seemed to think the Amendment had some actual purpose and that it would be logical to assume it was to clarify the APA.

Novell argued that SCO didn't need the copyrights but when pushed by the judges had to admit to the panel that the APA wasn't like the licenses companies such as IBM, Sun and HP had and that that differences, Judge McConnell concluded, was that Santa Cruz had bought Unix.

SCO has until May 26 to oppose the move to convert. The Delaware judge could put SCO out of business, throw it out of his court or approve a plan entered by SCO if it's got one.

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

Comments (1)

Share your thoughts on this story.

Add your comment
You must be signed in to add a comment. Sign-in | Register

In accordance with our Comment Policy, we encourage comments that are on topic, relevant and to-the-point. We will remove comments that include profanity, personal attacks, racial slurs, threats of violence, or other inappropriate material that violates our Terms and Conditions, and will block users who make repeated violations. We ask all readers to expect diversity of opinion and to treat one another with dignity and respect.

CloudEXPO Stories
The platform combines the strengths of Singtel's extensive, intelligent network capabilities with Microsoft's cloud expertise to create a unique solution that sets new standards for IoT applications," said Mr Diomedes Kastanis, Head of IoT at Singtel. "Our solution provides speed, transparency and flexibility, paving the way for a more pervasive use of IoT to accelerate enterprises' digitalisation efforts. AI-powered intelligent connectivity over Microsoft Azure will be the fastest connected path for IoT innovators to scale globally, and the smartest path to cross-device synergy in an instrumented, connected world.
There are many examples of disruption in consumer space – Uber disrupting the cab industry, Airbnb disrupting the hospitality industry and so on; but have you wondered who is disrupting support and operations? AISERA helps make businesses and customers successful by offering consumer-like user experience for support and operations. We have built the world’s first AI-driven IT / HR / Cloud / Customer Support and Operations solution.
ScaleMP is presenting at CloudEXPO 2019, held June 24-26 in Santa Clara, and we’d love to see you there. At the conference, we’ll demonstrate how ScaleMP is solving one of the most vexing challenges for cloud — memory cost and limit of scale — and how our innovative vSMP MemoryONE solution provides affordable larger server memory for the private and public cloud. Please visit us at Booth No. 519 to connect with our experts and learn more about vSMP MemoryONE and how it is already serving some of the world’s largest data centers. Click here to schedule a meeting with our experts and executives.
Darktrace is the world's leading AI company for cyber security. Created by mathematicians from the University of Cambridge, Darktrace's Enterprise Immune System is the first non-consumer application of machine learning to work at scale, across all network types, from physical, virtualized, and cloud, through to IoT and industrial control systems. Installed as a self-configuring cyber defense platform, Darktrace continuously learns what is ‘normal' for all devices and users, updating its understanding as the environment changes.
Codete accelerates their clients growth through technological expertise and experience. Codite team works with organizations to meet the challenges that digitalization presents. Their clients include digital start-ups as well as established enterprises in the IT industry. To stay competitive in a highly innovative IT industry, strong R&D departments and bold spin-off initiatives is a must. Codete Data Science and Software Architects teams help corporate clients to stay up to date with the modern business digitalization solutions. Achieve up to 50% early-stage technological process development cost cutdown with science and R&D-driven investment strategy with Codete's support.