decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Canopy: Past, Present and Future
Sunday, March 27 2005 @ 10:37 AM EST

There is a spooky article by Bob Mims today on Canopy, its past and speculations on its future. He quotes a number of Canopy CEOs on Canopy's success in the past and their belief that Canopy can continue, despite recent events, and then it quotes SCO's Darl McBride:

"[Canopy's] influence on the technology industry will be felt for many years to come," McBride says. "We now look forward to working even more closely with Ralph Yarro as our largest shareholder and wish the Canopy Group continued success."

That strikes me as about as sincere as a first wife wishing her ex and his new, much-younger bride all the happiness in the world. I remember when the first "news" of Val Kreidel's death broke, SCO and Yarro, as I recall, immediately expressed great doubts about Canopy's future. Now, that task is left to Rob Enderle and Laura DiDio, who each express the thought that without a Noorda family member involved, the company's future is under a cloud. Enderle opines that it will be hard to attract investors to what now appears an unstable company, and Laura DiDio, who is described as a longtime acquaintance of Ray Noorda, shares her wisdom:

"Canopy was always Ray Noorda's baby," DiDio says. "With Ray and all of his hand-picked executives out of the picture and the remaining Noorda offspring's relative inexperience and unfamiliarity with Canopy . . . I don't think the Noorda family has any immediate answers."

However, I remember that in Ralph Yarro's lawsuit, it was his firm assertion that no Noorda family member has been involved in any meaningful way for many years, and that he was steering the ship pretty much by himself. If that is the case, why would it be any harder for William Mustard to do the same? His resume is impressive. And why are all the longtime allies of SCO quickly predicting Canopy's doom? In short, if this were a movie, I'd be starting to wonder just what is really going on here, and is it conceivable any of the players in this little drama want Canopy to fall apart?

UPDATE: The url to the Salt Lake Tribune no longer works. Try this instead. UPDATE 2: Neither link works. You'd have to pay the Salt Lake Tribune to get the article from its archives now. This is why newspapers are dying. They provide breaking news for free online, and then they think they can charge you for articles that are years and years from being breaking news.


  


Canopy: Past, Present and Future | 158 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Canopy: Past, Present and Future
Authored by: Anonymous on Sunday, March 27 2005 @ 10:59 AM EST
I think you mean "Ralph Yarro" rather than "Ralph Noorda".

[ Reply to This | # ]

Corrections
Authored by: artp on Sunday, March 27 2005 @ 11:00 AM EST
Just because it's the way we do things here.

Happy Easter, everyone!

[ Reply to This | # ]

OT threads here please
Authored by: Anonymous on Sunday, March 27 2005 @ 11:02 AM EST

[ Reply to This | # ]

OT comments here, please
Authored by: artp on Sunday, March 27 2005 @ 11:02 AM EST
Please put OT comments here.

Making links is considerate and are made as follows:

<a href="http://www.example.com">your comment here</a>

Also remember to change the post mode to "html"

[ Reply to This | # ]

Canopy's Purpose
Authored by: rsteinmetz70112 on Sunday, March 27 2005 @ 11:36 AM EST
If Canopy's purpose was to benefit the Noorda's disabled son and two charities.
It makes perfect sense to me to wind it down in an orderly manner, allowing all
of the Canopy Companies to seek alternate arrangements. Remember Mustard is,
among other things, experienced in liquidating assets.

I have speculated that Canopy was Ray Noorda's way of keeping his hand in while
enjoying retirement. If that was a part of the purpose, then that phase of his
retirement is over and Canopy now serves no purpose other than to take care of
the beneficiaries.

It may well take a few years for Canopy to wind down, however without a
visionary leader a Venture Capital company s not very interesting. One of
Canopy's real values to its investments was the endorsement of Ray Noorda. His
approval had value well beyond the actual investment and made it possible for
the companies to get additional financing. Remember Canopy is a financial entity
it has no real ongoing operations or customers.

---
Rsteinmetz

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

[ Reply to This | # ]

  • Hmm... - Authored by: Anonymous on Monday, March 28 2005 @ 12:12 PM EST
    I for one
    Authored by: Anonymous on Sunday, March 27 2005 @ 12:03 PM EST
    Hope Mr Mustard succeeds with gusto.
    He's made a good start by dumping SCO into Yarro's lap.

    [ Reply to This | # ]

    Canopy no longer a Player??
    Authored by: TomWiles on Sunday, March 27 2005 @ 12:23 PM EST
    Canopy is a private company, and where there are some filings with the SEC (all
    4 or 13D) no real fianacials are available. My understanding is that Ray Noorda
    set up canopy in the early 90's with total capitalization of around 160 Million.
    My numbers could be wrong as they come from memory and I have no recollection
    of where I heard them.

    My understanding is that, while Canopy had substantial initial success, its net
    assets never reached the Billion Dollar mark. Again, being a privately held
    company, very little real information is known.

    Canopy held some 10 Million shares of SCOX which at one time would have been
    worth about 200 Million dollars. That implies that SCOX could have accounted
    for as much as 25% of Canopy's portfolio. That is now gone.

    Also, it appears (from current court filings which are more reliable) that
    management (in the last couple of years) may have been flipping companies just
    to generate bonus payouts.

    The press release of the current settlement implies a cash settlememt of some
    unknown amount was made to Yarro and company.

    Where I have no way of knowing, my feeling is that the liquid value of Canopy is
    probably under half a billion dollars, maybe substantially under tha figure. It
    appears that past management has been milking the company since (possibly) 1998,
    and I think it is reasonable to assume that they were competant enough to do a
    good job.

    With Val Noorda's death (and I wish she had chosen another option) there is no
    one left at Canopy who could reasonably be considered to have an influencial
    position with regard to Canopy strategic policy.

    It is very difficult to prove a negative, but I am of the opinion that Canopy
    has now distanced itself from both Yarro and the SCO-IBM lawsuit. I am of the
    opinion that (except for historical completeness) Canopy and the Noorda's are no
    longer an item of interest in the current court case.

    Just my opinion.

    Tom

    [ Reply to This | # ]

    No long term future for Capopy
    Authored by: Chris Lingard on Sunday, March 27 2005 @ 01:06 PM EST

    There is no reason that Canopy should have much future. It is the wish of Ray Noorda that the capital goes to charity on his death. Since the Noordas are old, they would not want any long term, or risky investments.

    Canopy have already got rid of the SCO shares, and done some house cleaning. I think that the current Canopy management will see it as their duty to realise the maximum value from the assets. Then the Noordas will be happy that their charities will gain maximum benefit.

    [ Reply to This | # ]

    Bob Mims
    Authored by: Anonymous on Sunday, March 27 2005 @ 01:18 PM EST
    while i've been mostly impressed with Bob Mims' reportage, i am finding it more and more suspect, given that Enderle and DiDio appear to be his main sources, and one or both are consistently quoted in his articles--even given the partisan nature of Groklaw, the opinions of both Enderle and DiDio are so biased, and their loyalties so suspect, that one would think that a seasoned reporter would sense this, and try to leaven his reportage with somebody less controversial (Dion Cornett?).

    Turning the situation around, it's the same as if PJ was his main quoted source--even though her credibility is miles ahead of Enderle and DiDio, one could rightly make the claim that an article with her as the sole expert source would not be very balanced (can you imagine the howls from the pro-sco cabal if this were the case?)

    Is this a case of influence peddling, or just lazy reporting? Mr. Mims, i don't mean to insult you, but your slip is showing!

    -DWitt

    [ Reply to This | # ]

    Canopy: The way forward
    Authored by: Anonymous on Sunday, March 27 2005 @ 01:27 PM EST
    The first thing that the new Canopy management needs to do is to define their
    objectives. If, as we have been told, the primary objective is to provide a
    lifetime support trust for a disadvantaged member of the Noorda family then a
    program of risk reduction seems to be called for.
    The previous management were taking a lot of risks with the trust's money, which
    is inconsistant with the accepted way of running such a trust.
    Reducing risks may leave some latitude for continued venture capital
    investments, but these should be low risk and be balanced by other blue chip
    investments.

    [ Reply to This | # ]

    Canopy: Past, Present and Future
    Authored by: Anonymous on Sunday, March 27 2005 @ 05:17 PM EST
    You know, my impression is the exact opposite. While reading his latest
    article, I'm of the mind that Mr Mims's reporting is both fair and balanced,
    while attempting to present all sides to a story.

    He is a true journalist.

    [ Reply to This | # ]

    OT: RSS isn't automatically detected by FireFox
    Authored by: SilverWave on Sunday, March 27 2005 @ 07:47 PM EST
    RSS feed detection

    The RSS feed on Groklaw isn't automatically detected by the FireFox's live
    bookmarks feature.

    Any Ideas how to fix this? (it would be nice for groklaw to be as fire fox
    friendly as possible)

    :-)



    ---
    "They [each] put in one hour of work,
    but because they share the end results
    they get nine hours... for free"

    Firstmonday 98 interview with Linus Torvalds

    [ Reply to This | # ]

    Another contradiction?
    Authored by: Anonymous on Sunday, March 27 2005 @ 08:35 PM EST
    I thought, according to Yarro's complaint, and Yarro's friends, Canopy was for
    several years the result of Yarro's efforts, etc., etc. And that Noorda had
    effectively retired years ago

    Now we hear from these very same folks, that Canopy can't survive without a
    Noorda

    [ Reply to This | # ]

    Mustard's Agenda.
    Authored by: Anonymous on Sunday, March 27 2005 @ 08:37 PM EST

    I haven't read any bad comment about Mustard and his previous business dealings. From reports I have read, he can't be that young, he is very experienced and has been called into companies in a troubleshooting role before.

    He undoubtedly took his instructions from Val Kriedel but Terry Peterson is also involved. As are both the Noordas to a certain extent and their other kids and the other Canopy shareholders and the charities.

    I think he is working on a task which is already understood and approved by these people.

    I believe his task is to rescue Canopy from Yarro and to maximise its value before the Noorda's eventual demise. Although Ray has his problems and Mrs. Noorda is quite old, that date could still be some years away.

    He sounds a professional and unless someone (who? they all stand to gain if he does a good job) instructs him otherwise I expect him to carry on although he may be hampered by the lack of Val's input.

    Was Val running Canopy? I don't think so, I think she called called in a professional acting on wise people's advice. Val wasn't going to inherit, she wanted to rescue her family's reputation and what was left of their business.

    Wouldn't you?

    Mustard's plans are already in place.

    Brian S.

    [ Reply to This | # ]

    Bob Mims
    Authored by: Anonymous on Sunday, March 27 2005 @ 09:26 PM EST
    Bob Mims' employer, The Salt Lake Tribune is owned by the LDS church. It is in Mr Mims' best interests to be non-controversial.

    The Salt Lake Tribune was sold to the common distribution company of the LDS church owned Deseret News by the Trib's majority stock holder TCI and TCI's CEO Leo Hindery who is another David Boies client BTW.

    Hindery helped loot WorldCom and I don't know why he was never prosecuted for that.

    [ Reply to This | # ]

    Question - Stock investments & promotions by ER & LD
    Authored by: Anonymous on Monday, March 28 2005 @ 12:39 AM EST
    Does anyone know if Enderle or Didio, or the firms they are associated with,
    have owned or currently own stock or options in SCO?

    If so, this would not be the first time some analyist, financial advisor or
    promoter has hawked stock of companies' whose products have reached the end of
    their life cycle, just to squeeze extra gains out of their investments.

    If not, why would anyone risk association with the promotion of a company that
    may ultimately end in an investigation for potential legal wrong doing or ruin
    the their own reputations. A win for IBM will be a loss for anyone accociated
    with the losing party.

    [ Reply to This | # ]

    Sounds to me like...
    Authored by: Anonymous on Monday, March 28 2005 @ 12:40 AM EST
    ...since Ralph thought it was a good idea to get SCO into the litigation
    business, Canopy thought it would be fair for him to stay the course, *on his
    own*. He was a money maker, not an ethician. Sort of a just punishment, with an
    outside chance of reprieve.

    [ Reply to This | # ]

    Groklaw © Copyright 2003-2013 Pamela Jones.
    All trademarks and copyrights on this page are owned by their respective owners.
    Comments are owned by the individual posters.

    PJ's articles are licensed under a Creative Commons License. ( Details )