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SCO Shareholder Meeting in April or May - Yarro Staying?
Tuesday, March 15 2005 @ 10:49 AM EST

Now *this* is interesting. SCO's PR guy, Blake Stowell gives an interview to Computer Business Review Online about Canopy and its current position with regard to SCO and about Ralph Yarro, currently the chairman of the SCO board, in which Stowell "added" that Yarro's position will be up for renewal at the next annual shareholder meeting. Darcy Mott's too. PR people don't add details the interviewer didn't ask about without a reason, in my experience. Talk about floating a balloon. I'd say better not buy that second house until June.

Stowell also says SCO hopes to file its delayed 10K shortly, hopefully before the delisting meeting on the 17th. And about Canopy and SCO, we learn this:

"Stowell also confirmed that Canopy, formerly SCO's largest shareholder, is no longer financially connected to the company, which is best known these days for its breach of contract and copyright lawsuit against IBM.

"'I believe that is the case that there is no longer a financial relationship between Canopy and SCO,' he said, adding that the company nevertheless expected to continue to be based in Canopy-leased property.

"Yarro is now the biggest shareholder of SCO common stock, with 5.4 million shares or 31% of the company's 17.5 million available shares. 'We expect he'll continue to own those shares and we expect he'll continue in his role as chairman,' Stowell said. 'He's taking a long-term view of the value of the shares.'"

Maybe. Maybe not. I believe the eyes of the world will be watching his actions closely for an accurate assessment of his view of the value of the stock. Here's a handy place to keep on the watch. Take a look at the chart for today, on the right of the page.

Melanie Hollands has an article explaining restatements and what they mean and portend:

A restatement does not always spell bad news. But more often than not, it means the company's numbers have headed south. One of the most significant impacts of a restatement is investors and the public begin to question the accuracy of past numbers and quality of management. Furthermore, when one piece of bad news is announced, its often the case that more bad news lies ahead.

It can also be useful to see whether a restatement has lead to a shakeup in management; it's particularly telling if a CEO or CFO is leaving the company, which usually indicates that most of the bad news has been revealed already. However, it can also mean a new, more compliant puppet has been put in place.

And speaking of keeping your eyes on events, you may have noticed that SCO has been subtly changing its SCOsource web pages. Remember when you could buy the license online with a credit card? Try to click on the page currently and you get a 404, document not found. http://www.caldera.com/scosource/howtobuy.html is dead too. And if you try to search for "SCOsource" in their Knowledge Center, it finds zero documents. The FAQ is still there. It still says, "SCO has been showing examples of direct line-by-line copying of UNIX code into Linux to hundreds of industry analysts, reporters, customers, partners, and industry influencers since June of this year."

I would change it too, after Judge Kimball said that SCO had not presented any credible evidence of copyright infringement. On what basis, then, did SCO sell those "Intellectual Property Licenses for Linux"? I can't help but wonder how EV1 feels now.

By the way, you might be interested in knowing SCO's policy with regard to their web content:

Copyright © Copyright 1998-2004, The SCO Group, Inc. All Rights Reserved.

SCO documents available from the World Wide Web ("SCO Documents") are protected by the copyright laws of the United States and International Treaties.

Permission to copy, view and print SCO documents available from the World Wide Web is authorized provided that:

  • it is used for non-commercial and informational purposes;
  • it is not modified; and
  • the above copyright notice and this permission notice is contained in each SCO Document.
Notwithstanding the above, nothing contained herein shall be construed as conferring any right or license under any copyright of SCO.

Well. Fair use still exists, even with all the arrows sticking out of its behind, so I will dare to quote just a small segment. Now you know why I never, ever, use any legal documents from their site. Our policy has been to obtain all documents from the courthouse directly, even when it meant taking more time, and now you know that I didn't just fall off a turnip truck. I knew they'd assert, as they do, on this page, that they owned and/or controlled every dot on the page and would try to enforce it, if they felt like it, and I was pretty sure that when it came to Groklaw, they might feel like it:

Enforcement of Intellectual Property Rights

SCO actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

Indeedy. So they do. A lot of good it has done them.

There is a lot to be said for good will. People often treat you better if they like you, and then they'll do what you wish out of good-heartedness. But after SCO's legal hissy fit, bullying the world about their alleged "rights", who likes them now?


  


SCO Shareholder Meeting in April or May - Yarro Staying? | 194 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
SCO Shareholder Meeting in April or May - Yarro Staying?
Authored by: Peter H. Salus on Tuesday, March 15 2005 @ 11:35 AM EST

Am I the only one to notice the fact that over
150K shares of SCOXE have been traded in the
past two hours? Bizarre.

---
Peter H. Salus

[ Reply to This | # ]

Canopy ownership of SCO?
Authored by: Anonymous on Tuesday, March 15 2005 @ 11:52 AM EST
I'm a bit confused about the idea that Canopy used to be the largest
shareholder. That kind of implies that they aren't any more, which means they
sold their shares, and we're talking about millions of shares here. This would
be hard to sell without making a big splash. Anybody know what the situation is
here?

[ Reply to This | # ]

No Pity for EV1
Authored by: sprag on Tuesday, March 15 2005 @ 11:53 AM EST
I've got no pity for "Head Surfer" Robert Marsh and EV1.net. They
didn't research a product, spent money on it and got bit in the butt. If they'd
done five minutes of research they'd have seen this as a sham from a mile away.

Every time I see their ad in Linux Journal all I can think of is how stupid
their investment was. Well, that and his ill-fitting suit.

[ Reply to This | # ]

SCOsource
Authored by: Anonymous on Tuesday, March 15 2005 @ 11:54 AM EST
Remember when you could buy the license online with a credit card? Try to click on the page currently and you get a 404, document not found. http://www.caldera.com/scosource/howtobuy.html is dead too. And if you try to search for "SCOsource" in their Knowledge Center, it finds zero documents.

Darn it! I was wondering what I should do with my $699 tax return!

[ Reply to This | # ]

Canopy no longer a shareholder?
Authored by: oo on Tuesday, March 15 2005 @ 11:55 AM EST
Could this all be just a set-up? For Canopy to exit the SCO mess and protect it
from being chased in the future by IBM for example?

---
m.

[ Reply to This | # ]

SCO Shareholder Meeting in April or May - Yarro Staying?
Authored by: blacklight on Tuesday, March 15 2005 @ 11:55 AM EST
"But after SCO's legal hissy fit, bullying the world about their alleged
"rights", who likes them now?"

I do like SCOG - as a punching bag, as a martial arts dummy, as a target in the
firing range, as shark feed, as roadkill on life's highway, etc.

[ Reply to This | # ]

    Settlement peeks?
    Authored by: shareme on Tuesday, March 15 2005 @ 11:58 AM EST
    Does that mean that the settlement exchanged SCOX stock from Canpoy's hands to
    other individuals involved in the settlement?

    ---
    Sharing and thinking is only a crime in those societies where freedom doesn't
    exist.

    [ Reply to This | # ]

    Off Topic here please.
    Authored by: Anonymous on Tuesday, March 15 2005 @ 12:05 PM EST
    Please put off topic comments here.

    Link example:
    <a href="www.example.com">link</a>

    Change "Post Mode" from plain text to html formatted.

    [ Reply to This | # ]

    OT Posts by registered user
    Authored by: jdg on Tuesday, March 15 2005 @ 12:09 PM EST
    Please put off topic comments here.

    Link example:
    <a href="www.example.com">link</a>

    Change "Post Mode" from plain text to html formatted.

    Now this will be visible to those not signed in.

    ---
    SCO is trying to appropriate the "commons"; don't let them [IANAL]

    [ Reply to This | # ]

    SCO Shareholder Meeting in April or May - Yarro Staying?
    Authored by: Anonymous on Tuesday, March 15 2005 @ 12:10 PM EST
    SCO has also removed their page at [no link because it wouldn't work]

    sco.com/ibmlawsuit

    It was there as recently as March 8, according to the <a
    href="http://216.239.63.104/search?q=cache:i-VYUHjwmEUJ:www.caldera.com/ibm
    lawsuit/+ibmlawsuit&hl=en&lr=lang_en">Google cache</a>
    retrieved at that date.

    I pointed this out on Yahoo! last night, as well as the fact that the page was
    still indexed by SCO's internal search tool. Others noted that the Novell case
    page was similarly removed but still in the index.

    This morning, the reference to the pages has been purged as well, down the
    memory hole.

    It does appear that SCO is, for whatever reason, trying to lower its profile
    with respect to the IBM case. I can't imagine that it's going to do much good.

    Thad Beier

    [ Reply to This | # ]

    What happens if SCO goes bankrupt?
    Authored by: Anonymous on Tuesday, March 15 2005 @ 12:16 PM EST
    What happens if SCO goes bankrupt before this lawsuit is over? It looks like
    that's where we are headed. So what happens to the lawsuit then? Will it remain
    unresolved, giving ammunition to FUD purveyors? This would be the worst thing to
    happen to Linux. Any troll would be able to point at it and say "if SCO had
    more money they would have won". How will we ever disspell the cloud of
    uncertainty?

    [ Reply to This | # ]

    SCO Shareholder Meeting in April or May - Yarro Staying?
    Authored by: Anonymous on Tuesday, March 15 2005 @ 12:35 PM EST
    AFAIR, the SCO press releases said something about $1M (?) worth of licenses - I
    think it only tells us the quantity of licenses ($1M/$699?), not the actual
    money paid. They could sell those licenses for $1 each.

    [ Reply to This | # ]

    How many statutes could SCOSource potentially break?
    Authored by: gard on Tuesday, March 15 2005 @ 12:52 PM EST
    Hi,
    Remember when you could buy the license online with a credit card? Try to click on the page currently and you get a 404, document not found. http://www.caldera.com/scosource/howtobuy.html is dead too.

    If it is eventually declared that SCO was selling the Brooklyn Bridge/swamp in 'Bama/alternate_metaphor, how many statutes would have been violated? Especially considering these were solicited by mail, sold over the Net, and paid for by credit card. Could knowledgeable folks list them for each country?

    gard

    [ Reply to This | # ]

    Forever stained anyway
    Authored by: Anonymous on Tuesday, March 15 2005 @ 12:53 PM EST
    Sco can't hide from any of this regardless of what they remove. Hey SCO, you
    missed some....

    These are two of the many I have saved...

    http://www.sco.com/scosource/ipprotection.html

    "Many customers are concerned about using Linux since they have become
    aware of the allegations that Linux is an unauthorized derivative work of the
    UNIX® operating system. These customers unknowingly received illegal copies of
    SCO property and many are running critical business applications on
    Linux."

    Shall we not also forget the December 19th, 2003 *proof* that Linux has SCO
    owned code???? "Why no your honor, this was NEVER about copyrights, wait,
    which Judge are we talking to? Just a second your honor, we need to check our
    notes."

    http://www.caldera.com/scosource/abi_files_letter_20031219.pdf
    "These facts support our position that the use of the Linux operating
    system in a commercial setting violates our rights under the United States
    Copyright Act, including the Digital Millennium copyright Act."

    I realize this is all nostalgia, the point being is that I pulled up this info
    cold, and in under 2 minutes. Given that fact that I'm an idiot compared to the
    researches and shear volume of eyes peering into this, there is no way to hide
    any of it. That ship has sailed.

    [ Reply to This | # ]

    No real investors = immune from news
    Authored by: Anonymous on Tuesday, March 15 2005 @ 12:56 PM EST
    I've followed small caps for a few years. I can tell you that, without a doubt,
    if scoxe was a real company, with real investors, scox would have fallen back
    under $1/share a long time ago.

    Scoxe is about 80% controlled by a handful of scammers. Certainly less than ten
    people essetially control the whole thing. And, you can be those people are
    working together.

    Consider, after scoxe failed to file their 10K, had top execs from their parent
    company walked out, and got an "E" appended to their name; scoxe share
    price went up - significantly up. Scoxe was $3.50 two months ago, and $2.76 two
    months before that. today scoxe is at $4.10 and going up strongly, well in the
    green. And where's this quarter's conference call?

    I've seen better small caps tank 40% at the open on much less bad news.

    [ Reply to This | # ]

    Canopy entirely excised from SCO website?
    Authored by: Scott_Lazar on Tuesday, March 15 2005 @ 01:08 PM EST
    I don't know what, if any, pages there were prior to the Canopy-Yarro tussle,
    but when now going to SCO's website and even doing a simple searches for the
    word 'Canopy' or 'Yarro' only bring back a single page, which is a listing of of
    the SCO executive board. I could be mistaken, but it seems like any connection
    to Canopy has already been entirely excised.

    ---
    Scott
    -------------------------
    LINUX - VISIBLY superior!
    -------------------------
    All rights reserved. My comments are for use on Groklaw only.

    [ Reply to This | # ]

    Yarro Ouster
    Authored by: rsteinmetz70112 on Tuesday, March 15 2005 @ 01:36 PM EST
    I can't see that Yarro with 31% of the company will be much in danger of losing
    his job as Chairman. It would take almost all of the other shareholders to band
    together and try to oust him. I would expect that most shareholders who saw the
    legal strategy as a loser have long since bailed out.

    I do think Blake's comments are interesting. They may only be a prelude to
    declaring an overwhelming stockholder vote for Yarro as a vindication of the
    legal strategy. We might also see Darl elevated to Chairman, and Yarro stay on
    as only a board member.

    ---
    Rsteinmetz

    "I could be wrong now, but I don't think so."
    Randy Newman - The Title Theme from Monk

    [ Reply to This | # ]

    What I would give...
    Authored by: frk3 on Tuesday, March 15 2005 @ 02:52 PM EST

    To be a fly on the wall of that meeting.

    [ Reply to This | # ]

    Corrections!
    Authored by: chris_bloke on Tuesday, March 15 2005 @ 02:53 PM EST

    Please put corrections here so PJ can find them easily.

    I'll start with an obvious one:

    Now *this* in interesting.

    should be:

    Now *this* is interesting.

    - Chris

    [ Reply to This | # ]

    • Corrections! - Authored by: Anonymous on Tuesday, March 15 2005 @ 08:49 PM EST
    Twilight Zone Time
    Authored by: Anonymous on Tuesday, March 15 2005 @ 03:13 PM EST
    What are the possiblities that Yarro could change the whole SCO direction? What
    would happen if the legal stuff was just closed out and SCO went back to the
    UNIX business?

    [ Reply to This | # ]

    SCO Shareholder Meeting in April or May - Yarro Staying?
    Authored by: Anonymous on Tuesday, March 15 2005 @ 06:30 PM EST

    This

    * attorneys' fees and costs.

    occurs twice under

    "Relief it is asking for include:"

    * money damages
    * a permanent injunction requiring IBM to return or destroy all source code
    and binary copies of the Software Products and/or prohibiting IBM from further
    contributions of the protected Software Products into open source
    * restitution in an amount measured by the benefits conferred upon IBM by
    its ongoing improper use of the Software Products, including the full amount IBM
    receives as a result of its ongoing sales of AIX, including software, services
    and hardware
    * attorneys fees and costs
    * a permanent injunction to prohibit IBM from further contributions of the
    protected Software Products into open source
    * punitive damages
    * attorneys' fees and costs.

    [ Reply to This | # ]

    April or May?
    Authored by: Dark on Tuesday, March 15 2005 @ 08:23 PM EST
    I'd say don't hold your breath about that shareholder meeting. TSG has trouble
    with dates even when they're being specific. A two-month span is pretty vague so
    I'm guessing August :)

    [ Reply to This | # ]

    Price of The Lawsuit
    Authored by: Anonymous on Tuesday, March 15 2005 @ 09:18 PM EST
    Is this standard pricing in the USA.

    I've always thought the 30,000,000 million price tag, to take on this case was
    rather expensive. "Boise etc."

    Nobody has mentioned the extravagant price of this lawsuit.

    Is it really worth that much money. If so don't you think that US Lawyers are
    rather pricey.

    Sorry It's always bothered me. If IP and Patent claims cost this much, then I
    think the law and the system are broken (think innocent here).

    Gunillablue

    [ Reply to This | # ]

    SCO Shareholder Meeting in April or May - Yarro Staying?
    Authored by: kb8rln on Wednesday, March 16 2005 @ 01:46 AM EST

    Here is something the SCO forgot at http://ir.so.com

    ---
    Director Of Infrastructure Technology (DOIT)
    Really this is my Title so I not a Lawyer.

    [ Reply to This | # ]

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