Welcome!

@CloudExpo Authors: Zakia Bouachraoui, Yeshim Deniz, Elizabeth White, 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
Public clouds dominate IT conversations but the next phase of cloud evolutions are "multi" hybrid cloud environments. The winners in the cloud services industry will be those organizations that understand how to leverage these technologies as complete service solutions for specific customer verticals. In turn, both business and IT actors throughout the enterprise will need to increase their engagement with multi-cloud deployments today while planning a technology strategy that will constitute a significant part of their IT budgets in the very near future. As IoT solutions are growing rapidly, as well as security challenges growing exponentially, without a doubt, the cloud world is about to change for the better. Again.
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.
While more companies are now leveraging the cloud to increase their level of data protection and management, there are still many wondering “why?” The answer: the cloud actually brings substantial advancements to the data protection and management table that simply aren’t possible without it. The easiest advantage to envision? Unlimited scalability. If a data protection tool is properly designed, the capacity should automatically expand to meet any customer’s needs. The second advantage: the cloud is the simplest way to centralize the storage of all secondary data sources while also providing unlimited compute that can be used to gain additional insight and business value from that data. Finally, the ability to do automated Disaster Recovery (DR) without maintaining a DR facility is unquestionably a major value of the cloud, and simply isn’t possible otherwise. Join W. Curtis Preston,...
At CloudEXPO Silicon Valley, June 24-26, 2019, Digital Transformation (DX) is a major focus with expanded DevOpsSUMMIT and FinTechEXPO programs within the DXWorldEXPO agenda. Successful transformation requires a laser focus on being data-driven and on using all the tools available that enable transformation if they plan to survive over the long term. A total of 88% of Fortune 500 companies from a generation ago are now out of business. Only 12% still survive. Similar percentages are found throughout enterprises of all sizes.
As you know, enterprise IT conversation over the past year have often centered upon the open-source Kubernetes container orchestration system. In fact, Kubernetes has emerged as the key technology -- and even primary platform -- of cloud migrations for a wide variety of organizations. Kubernetes is critical to forward-looking enterprises that continue to push their IT infrastructures toward maximum functionality, scalability, and flexibility. As they do so, IT professionals are also embracing the reality of Serverless architectures, which are critical to developing and operating real-time applications and services. Serverless is particularly important as enterprises of all sizes develop and deploy Internet of Things (IoT) initiatives.