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SCO Files Tardy 10K and 10Q/A With the SEC
Friday, April 01 2005 @ 07:39 PM EST

SCO said they would file their 10K and 10Q soon, and they really have. Here is the 10Q/A and here's the 10K, with multiple exhibits. I haven't read them myself yet, merely found them, so let's read them together.

Exhibit 23.1, the KPMG statement, reads like this:

Consent of Independent Registered Public Accounting Firm

The Board of Directors and Stockholders
The SCO Group, Inc.:

We consent to the incorporation by reference in Registration Statement Nos. 333-43822, 333-97865, and 333-100105 on Form S-8 of The SCO Group, Inc. of our report dated February 18, 2005, except as to note 16, which is as of March 11, 2005, with respect to the consolidated balance sheets of The SCO Group, Inc. and subsidiaries as of October 31, 2004 and 2003, and the related consolidated statements of operations and comprehensive income (loss), stockholders’ equity, and cash flows for each of the years in the three-year period ended October 31, 2004, and the related financial statement schedule, which report appears in the October 31, 2004 annual report on Form 10-K of The SCO Group, Inc.

/s/ KPMG LLP
Salt Lake City, Utah
March 31, 2005

Here's their press release about it.


  


SCO Files Tardy 10K and 10Q/A With the SEC | 118 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections Here please:-
Authored by: fettler on Friday, April 01 2005 @ 07:55 PM EST
For the Eats Shoots and Leaves Brigade

[ Reply to This | # ]

OT Here Please
Authored by: rm6990 on Friday, April 01 2005 @ 07:56 PM EST
OT Here Please

---
http://members.shaw.ca/ryan_mcgregor

[ Reply to This | # ]

April Fools
Authored by: Anonymous on Friday, April 01 2005 @ 08:02 PM EST
Maybe SCO has been holding off until April 1st to submit their 10K.

[ Reply to This | # ]

Still going on about DoS attacks, I see.
Authored by: Anonymous on Friday, April 01 2005 @ 08:04 PM EST

These apocryphal attacks are supposed to be keeping SCO's customers or potential customers from doing business with them. If I really wanted to contact these people, and I couldn't because their website was down either through thir incompetance or because one of these (alleged) DoS attacks was supposed to be taking place, I think I'd be able to pick up the phone, right? Not having an accessible website is about the least likely of the reasons that SCO's business is suffering.

Methinks spending US$24 on lawyers might be a much more likely reason for a down year. But that's just my opinion. I'm not a high-fallutin' CEO like 'ol Darl, so what do I know, eh?

[ Reply to This | # ]

SCO Files Tardy 10K and 10Q/A With the SEC
Authored by: LarryVance on Friday, April 01 2005 @ 08:07 PM EST
APRIL FOOLS:
McBride
Young

---
NEVER UNDERESTIMATE YOUR INFLUENCE!
Larry Vance

[ Reply to This | # ]

  • April Fools and then some... - Authored by: Anonymous on Friday, April 01 2005 @ 08:25 PM EST
    • Queeg - Authored by: azrael on Saturday, April 02 2005 @ 02:15 AM EST
      • Queeg - Authored by: Cesar Rincon on Saturday, April 02 2005 @ 02:41 AM EST
      • Queeg - Authored by: Anonymous on Saturday, April 02 2005 @ 09:47 AM EST
        • Queeg - Authored by: Anonymous on Saturday, April 02 2005 @ 04:58 PM EST
          • Queeg - Authored by: tbogart on Saturday, April 02 2005 @ 10:06 PM EST
            • Queeg - Authored by: Anonymous on Monday, April 04 2005 @ 10:43 AM EDT
They don't sound very confident abou Unixware and OpenServer
Authored by: Anonymous on Friday, April 01 2005 @ 08:08 PM EST

The success of our UNIX business will, in large measure, depend on the level of commitment and certification we receive from industry partners and developers. In recent years, we have seen hardware and software vendors as well as software developers turn their certification and application development efforts toward Linux and elect not to continue to support or certify to our UNIX operating system products. This trend continued in fiscal year 2004, and we believe that it will continue in fiscal year 2005. If this trend does continue as expected, our competitive position will be adversely impacted and our future revenue from our UNIX business will decline, possibly at an even faster rate than it has declined over the last several years. The decline in our UNIX business may be accelerated if industry partners withdraw their support from us as a result of our SCOsource initiatives.

Brian S.

[ Reply to This | # ]

Can they last a year?
Authored by: tiger99 on Friday, April 01 2005 @ 08:09 PM EST
A quick look at the figures they present suggests that all their remaining cash and other assets will be dissipated in under a year. Now I am not an expert on such matters, and may be misunderstanding a few things, but every set of figures I look at seems to say much the same. Maybe by some stretch of the imagination, it might be 18 months. The rate of spend is rising, income is falling, etc. And, somewhere, is an admission that they have never been profitable.

A quick read also suggests a great deal of on-going stupidity, in still pursuing DC (for what, exactly?), and in attracting other legal problems elsewhere such as in India and even California. If I was an investor, I would find the entire 10-K utterly depressing.

Looking at all that, a reasonable person might expect the stock price to come crashing down first thing on Monday, however on past experience I rather expect it to rise.

But looking at the finances, I get the impression that we are not seeing a serious business here, but simply a front to cover up something else. And that may well be the assault against FOSS by a certain Convicted Monopolist, but I wonder if it is actually something quite different. But there must be lots here for those with real financial expertise to debate here at great length, and I look forward to hearing some expert opinions.

[ Reply to This | # ]

This brings joy to my heart!
Authored by: Anonymous on Friday, April 01 2005 @ 08:11 PM EST
When you file anything that people may use to decide about buying a stock, you
have to honestly state your risks. The quote below is obligatory but it sure
sounds bleak doesn't it. I particularly like the last sentence.

"Because of the uncertainties related to our SCOsource business, we are
unable to estimate the amount and timing of future SCOsource licensing revenue
as well as predict the ultimate level of spending on our lawsuits. This
uncertainty represents a significant risk and challenge for us, both in the
short and long term. If we do receive revenue from this source, it may be
sporadic and fluctuate from quarter to quarter. Our SCOsource initiatives are
unlikely to produce a stable or predictable revenue stream for the foreseeable
future. Additionally, the success of these initiatives may depend on the
strength of our intellectual property rights and contractual claims regarding
UNIX, including the strength of our claim that unauthorized UNIX source code and
derivative works are prevalent in Linux."

[ Reply to This | # ]

Important to note.
Authored by: gnuadam on Friday, April 01 2005 @ 08:11 PM EST
The 10Q/A that they filed is not the overdue 10Q for this just ended quater,
it's the ammended 10Q for the quarter that ended Jan 2004.

As I understand it, they're still overdue on the filing of the 10Q for the
quarter ended Jan 2005.

[ Reply to This | # ]

INTERESTING FROM 10K
Authored by: LarryVance on Friday, April 01 2005 @ 08:15 PM EST
IPO Class Action Matter We are an issuer defendant in a series of class action lawsuits, involving over 300 issuers that have been consolidated under In re Initial Public Offering Securities Litigation, 21 MC 92 (SAS). The consolidated complaint alleges, among other things, certain improprieties regarding the underwriters’ conduct during our initial public offering and the failure to disclose such conduct in the registration statement in violation of the Securities Act of 1933, as amended. The plaintiffs, the issuers and the insurance companies have negotiated an agreement to settle the dispute between the plaintiffs and the issuers. All parties, including the plaintiffs, issuers and insurance companies, have executed this settlement agreement and the settlement agreement has been submitted to the court for approval. If the settlement agreement is approved by the court, and if no cross-claims, counterclaims or third-party claims are later asserted, this action will be dismissed with respect to our directors and us. We have notified our underwriters and insurance companies of the existence of the claims. We believe, after consultation with legal counsel, that the ultimate outcome of this matter will not have a material adverse effect on our results of operations or financial position and will not exceed the $200,000 self-insured retention amount already paid or accrued by us.

---
NEVER UNDERESTIMATE YOUR INFLUENCE!
Larry Vance

[ Reply to This | # ]

    Chasing Bill for more money??
    Authored by: Anonymous on Friday, April 01 2005 @ 08:25 PM EST

    Current Status and Strategy

    In fiscal year 2004, we continued to pursue our SCOsource initiatives. The revenue generated from our SCOsource initiatives in fiscal year 2004 was significantly less than revenue generated in fiscal year 2003. Fiscal year 2004 SCOsource revenue was primarily generated from SCOsource IP licenses. For fiscal year 2005, we plan to continue to review and evaluate our UNIX license agreements and pursue large vendor contracts, such as those completed in fiscal year 2003, and plan to further pursue our SCOsource initiatives.

    We also plan to continue to pursue our litigation against IBM, Novell, AutoZone, and DaimlerChrysler and defend against the claims asserted by Red Hat.

    My bold.

    Or maybe other backers??

    Brian S.

    [ Reply to This | # ]

    HOW MANY Unix vendors?
    Authored by: tiger99 on Friday, April 01 2005 @ 08:38 PM EST
    "Through this process, we acquired all UNIX source code, source code license agreements with thousands of UNIX vendors, certain UNIX intellectual property, all claims for violation of the above mentioned UNIX licenses and copyrights and other claims, and the control over UNIX derivative works."

    Thousands? i.e. people who have source licences from SCO or their predecessors, and who sell Unix customised to their product? That is people like Sun (Solaris), IBM (AIX) HP (HP/UX), and a lot of smaller companies who make specific things. I would have beleived tens, maybe a few hundred. But thousands? Or is this inflated by the same factor as the numbers of developers, resellers, etc....... And of course resellers who simply sell a boxed set of SCO disks and manuals, for example, or even a PC with a binary installed, don't need a source licence, any more than people who sell standard PCs need a Windoze source licence.

    Something is very fishy indeed.

    [ Reply to This | # ]

    Can someone please parse KPMG statement?
    Authored by: blang on Friday, April 01 2005 @ 08:54 PM EST
    Does the 'except for ...' only mean the first thing they listed there, or the
    whole list?

    Reading it one way I come up with, "we consent to this, except for this one
    little thing, and our consent includes all the things we next list."

    Another way of reading it is: "we consent to this, except for this one
    little thing, and this little thing includes ..cash flow, balance sheet, revenue
    recoginition adn the whole 18 yards" In other words, it still all up in the
    air?




    [ Reply to This | # ]

    Goodwill has dropped to $0!
    Authored by: Anonymous on Friday, April 01 2005 @ 09:36 PM EST
    Just sort of kidding here, but it is funny that tSCOg financial Goodwill has dropped to zero. It is possible to have negative Goodwill (which tSCOg has in a non-financial sense), but unlikely that we will see it in their annual reports.

    Maybe Judge Wells can make a personal contribution to get the financial goodwill above zero this year. ;-)

    [ Reply to This | # ]

    SCO "Party to Certain Other Legal Proceedings"
    Authored by: chris_bloke on Friday, April 01 2005 @ 10:27 PM EST
    We are a party to certain other legal proceedings arising in the ordinary course of business including legal proceedings arising from our SCOsource initiatives. We believe, after consultation with legal counsel, that the ultimate outcome of such legal proceedings will not have a material adverse effect on our results of operations or financial position.

    Wonder what that's all about ? They already mention:

    • IBM
    • Novell
    • Autozone
    • DC
    • Redhat

    What else is there ? Or have I been asleep ? :-)

    - Chris

    [ Reply to This | # ]

    This looks like an admission that they breached Novell contract
    Authored by: Anonymous on Friday, April 01 2005 @ 10:37 PM EST
    Reviewing and Evaluating Existing UNIX Licenses. As mentioned above, in fiscal year 2003 we began reviewing the status of our existing UNIX license agreements with UNIX vendors and entered into two significant vendor license agreements. This review continued in fiscal year 2004 and will continue in fiscal year 2005.


    SCO does not have power to modify license terms (or enter into new UNIX licenses) without Novell's consent.

    If you check the letters between Novell and SCO, you will see Novell specifically asked about the Sun and Microsoft licenses, and pointed out that SCO could not modify existing UNIX license agreements. SCO's reply, saiid they hadn't, and that they had sold Sun and Microsoft something else entirely.

    Now re-read that paragraph from the 10-K.

    Quatermass
    IANAL IMHO etc

    P.S.
    If anybody wants to look up the letters, and post a quote of the links or relevants bits, corresponding to this 10-K paragraph, please do.

    P.P.S.
    Elsewhere in the 10-K it says that SCO intends to try to do more of this 2003-stuff in 2005....

    [ Reply to This | # ]

    Darl tooting his own horn
    Authored by: toads_for_all on Friday, April 01 2005 @ 10:48 PM EST
    <<"Our future success depends to a significant extent on the
    continued service and coordination of our management team, particularly Darl C.
    McBride, our President and Chief Executive Officer.">>

    Oh, puleeze. You just _know_ he wrote this.

    [ Reply to This | # ]

    10K mess stopped BayStar reselling!
    Authored by: chris_bloke on Friday, April 01 2005 @ 11:22 PM EST
    When we failed to file this Form 10-K in a timely fashion, we became ineligible to use Form S-3, our registration statement ceased to be effective and BayStar's ability to resell shares pursuant to that registration statement terminated. We are currently in the process of preparing a new registration statement for the resale of BayStar's shares on Form S-1.

    oops.. :-)

    [ Reply to This | # ]

    BAD
    Authored by: Tufty on Saturday, April 02 2005 @ 12:09 AM EST
    Broken, Awful, Dropping - (sorry Michael)

    OK, I am not a stock market guru or anything like that but it looks, to my eyes,
    more like 2003 was an exceptional year and the overall trend is down and down.

    One question is 'when did the 200k trade take place?'. Was it before or after
    the release (not the subsequent publicity)? Should the SEC be taking a close
    look at that?
    Oops, 3 questions, sorry.


    ---
    There has to be a rabbit down this rabbit hole somewhere!

    [ Reply to This | # ]

    SCO trys to shift blame to Linux community
    Authored by: fudisbad on Saturday, April 02 2005 @ 12:20 AM EST
    Here's a passage from the 10-K which makes for some very good reading [emphasis added, translation in italics]:
    Risk Factors

    We do not have a history of profitable operations.

    Our fiscal year ended October 31, 2003 was the first full year we were profitable in our operating history. Our profitability in fiscal year 2003 resulted primarily from our SCOsource licensing initiatives. Translation: payouts funneled from Microsoft. For fiscal year 2004, we incurred a net loss from operations of $28,573,000 and our accumulated deficit as of October 31, 2004 was $224,216,000. If we do not receive SCOsource licensing revenue in future quarters and our revenue from the sale of our UNIX products and services continues to decline, we will need to further reduce operating expenses to generate positive cash flow. We may not be able to further reduce operating expenses without damaging our ability to support our existing UNIX business. Additionally, we may not be able to achieve profitability through additional cost-cutting actions.

    Our UNIX products and services revenue has declined over the last several years primarily as a result of increased competition from alternative operating systems, particularly Linux. In our quarterly results of operations, we recognize revenue from agreements for support and maintenance contracts and other long-term contracts that have been previously invoiced and are included in deferred revenue. Our future UNIX revenue may be adversely impacted and may continue to decline if we are unable to replenish these deferred revenue balances with long-term maintenance and support contracts or replace them with other sustainable revenue streams. If we are unable to generate positive cash flow and profitable operations, our operations will be adversely impacted.

    We may not prevail in our SCO Litigation, which may adversely affect our business.

    We continue to pursue our SCO Litigation as described in more detail in Item 3 of Part I of this Form 10-K and believe very strongly in the merits of our cases. In our action against IBM, we seek damages for claims generally relating to our allegation that IBM has inappropriately used and distributed our UNIX source code and derivative works in connection with its efforts to promote the Linux operating system. IBM has responded to our claims and brought counterclaims against us asserting generally that we do not have the right to assert claims based on our ownership of UNIX intellectual property against IBM or others in the Linux market. Discovery is continuing in the case, and several motions are currently

    [end of page 41]

    pending before the court. If we do not prevail in our action against IBM, or if IBM is successful in its counterclaims against us, our business and results of operations would be materially harmed and we may not be able to continue in business. Translation: the cases will bankrupt us, no matter the result. The litigation with IBM and others will be costly, and our costs for legal fees have been and will continue to be substantial and may exceed our capital resources. Additionally, the market price of our common stock may be negatively affected as a result of developments in our legal action against IBM that may be, or may be perceived to be, adverse to us.

    As a result of our SCO Litigation and our other SCOsource initiatives, several participants in the Linux industry and others affiliated with IBM or sympathetic to the Linux movement have taken actions attempting to negatively affect our business and our SCOsource efforts. Linux proponents have taken a broad range of actions against us, including, for example, attempting to influence participants in the markets in which we sell our products to reduce or eliminate the amount of our products and services they purchase from us. We expect that similar efforts likely will continue. There is a risk that participants in our marketplace will negatively view our action against IBM, Novell, DaimlerChrysler, and AutoZone and our other SCOsource initiatives, and we may lose support from such participants. Any of the foregoing could adversely affect our position in the marketplace, our results of operations and our stock price and our ability to stay in business. We have also experienced several denial-of-service attacks on our website, which have prevented web users from accessing our website and doing business with us for a period of time. If such attacks continue or if our customers and strategic partners are also subjected to similar attacks, our business and results of operations could be materially harmed. In addition, some of the more significant participants in the Linux industry have made efforts to ease Linux end users’ concerns that their use of Linux may subject them to potential copyright infringement claims from us. Translation: let's play the blame game!

    As a further response to our SCOsource initiatives and claim that our UNIX source code and derivative works have inappropriately been included in Linux, Novell has publicly asserted its belief that it owns certain copyrights in our UNIX source code, and it has filed 15 copyright applications with the United States Copyright Office related to UNIX. Novell also claims that it has a license to UNIX from us and the right to authorize its customers to use UNIX technology in their internal business operations. Specifically, Novell has also claimed to have retained rights related to legacy UNIX SVRx licenses, including the license with IBM. Novell asserts it has the right to take action on behalf of SCO in connection with such licenses, including termination and waiver rights. Novell has purported to veto our termination of the IBM, Sequent and SGI licenses. We have repeatedly asserted that we obtained the UNIX business, source code, claims and copyrights when we acquired the assets and operations of the server and professional services groups from The Santa Cruz Operation (now Tarantella, Inc.) in May 2001, which had previously acquired all such assets and rights from Novell in September 1995 pursuant to an asset purchase agreement, as amended. Translation: cough cough cough, we can't understand the APA. In January 2004, in response to Novell’s actions, we brought suit against Novell for slander of title seeking relief for Novell’s alleged bad faith effort to interfere with our copyrights and contract rights related to our UNIX source code and derivative works and our UnixWare products. Our lawsuit against Novell is also described in more detail in Item 3 of Part I of this Form 10-K.

    Notwithstanding our assertions of full ownership of UNIX-related intellectual property rights, as set forth above, including copyrights, and even if we are successful in our legal action against Novell and end users such as AutoZone and DaimlerChrysler, the efforts of Novell and the other Linux proponents described above may cause Linux end users to be less willing to purchase from us our SCOsource IP licenses authorizing their use of our intellectual property contained in the Linux operating system, which has and may continue to adversely affect our revenue from our SCOsource initiatives. These efforts of Linux proponents also may increase the negative view some participants in our marketplace have regarding our SCO Litigation and regarding our SCOsource initiatives and may contribute to creating confusion in the marketplace about the validity of our claim that the unauthorized use of our UNIX source code and derivative works in Linux infringes on our copyrights. Increased negative perception

    [end of page 42]

    and potential confusion about our claims in our marketplace could impede our continued pursuit of our SCOsource initiatives and negatively impact our business.

    Our failure to timely file this Form 10-K, and our quarterly report on Form 10-Q for the quarter ended January 31, 2005 (as previously defined, the “Form 10-Q”), could result in the delisting of our common stock on The Nasdaq SmallCap Market.

    We received notice on February 16, 2005 from The Nasdaq Stock Market that, due to the delay in filing this Form 10-K, we were not, as of such date, in compliance with the filing requirements for continued listing set forth in Marketplace Rule 4310(c)(14), and that our common stock is, therefore, subject to delisting at the opening of business on February 25, 2004. We requested and participated in a hearing with the Nasdaq Listing Qualifications Panel on March 17, 2005. At the hearing, we outlined for the Panel our plan for filing this Form 10-K and the Form 10-Q, which also was not filed in a timely fashion. On March 18, 2005, we received a notice from The Nasdaq Stock Market regarding our potential delisting as a result of our failure to file the Form 10-Q in a timely fashion. The notice informed us that the Panel will consider the filing delinquency of our Form 10-Q in addition to the filing delinquency of this Form 10-K in rendering its decision regarding our listing status. We will continue to be listed on The Nasdaq SmallCap Market under the symbol SCOXE pending the issuance of the Panel’s decision. Although we have filed this Form 10-K, we have not yet filed the Form 10-Q, and there can be no assurance that Nasdaq will not act to delist our common stock from The Nasdaq SmallCap Stock Market.

    Our Engagement Agreement with the Law Firms will require us to spend a significant amount of cash during fiscal year 2005 and could harm our liquidity position.

    -----------8<----------8<----------

    Our future SCOsource licensing revenue is uncertain.

    We initiated the SCOsource licensing effort in fiscal year 2003 to review the status of UNIX licensing and sublicensing agreements. This effort resulted in the execution of two significant vendor license agreements during fiscal year 2003 and generated $25,846,000 in revenue. During fiscal year 2004, our SCOsource licensing revenue declined significantly and was only $829,000. Due to a lack of historical experience and the uncertainties related to SCOsource licensing revenue, we are unable to estimate the amount and timing of future SCOsource licensing revenue, if any. If we do receive revenue from this source, it may be sporadic and fluctuate from quarter to quarter. Our SCOsource initiatives are unlikely to produce stable, predictable revenue for the foreseeable future. Additionally, the success of these initiatives may depend on the strength of our intellectual property rights and contractual claims regarding UNIX, including the strength of our claim that unauthorized UNIX source code and derivatives are prevalent in Linux.

    We may lose the support of industry partners leading to an accelerated decline in our UNIX products and services revenue. Translation: This is already happening.

    The decline in our UNIX business and our SCOsource initiatives may cause industry partners, developers and hardware and software vendors to choose not to support or certify to our UNIX operating

    [end of page 43]

    system products. This would lead to an accelerated decline in our UNIX products and services revenue and would adversely impact our results of operations and liquidity.

    Our claims relating to our UNIX intellectual property may subject us to additional legal proceedings.

    In August 2003, Red Hat brought a lawsuit against us asserting that the Linux operating system does not infringe on our UNIX intellectual property rights and seeking a declaratory judgment for non-infringement of copyrights and no misappropriation of trade secrets. In addition, Red Hat claims we have engaged in false advertising in violation of the Lanham Act, deceptive trade practices, unfair competition, tortious interference with prospective business opportunities, and trade libel and disparagement. Although this case is currently stayed pending the resolution of our suit against IBM, we intend to vigorously defend this action. However, if Red Hat is successful in its claim against us, our business and results of operations could be materially harmed. Translation: we will be bankrupted.

    In addition, regulators or others in the Linux market and some foreign regulators have initiated or in the future may initiate legal actions against us, all of which may negatively impact our operations and future operating performance.

    Fluctuations in our operating results or the failure of our operating results to meet the expectations of public market analysts and investors may negatively impact our stock price.

    ----------8<----------8<----------

    [end of page 44]

    ----------8<----------8<----------

    If the market for UNIX continues to contract, our business will be harmed.

    [end of page 45]

    ----------8<----------8<----------

    Our Engagement Agreement with the Law Firms representing us to enforce our intellectual property rights may reduce our ability to raise additional financing.

    ----------8<----------8<----------

    Our foreign-based operations and sales create special problems, including the imposition of governmental controls and taxes and fluctuations in currency exchange rates that could hurt our results.

    ----------8<----------8<----------

    [end of page 46]

    If we are unable to retain key personnel in an intensely competitive environment, our operations could be adversely affected.

    Translation: here's Darl's high on "technical expertise people"!

    We need to retain our management, technical, and support personnel. Competition for qualified professionals in the software industry is intense, and departures of existing personnel could be disruptive to our business and might result in the departure of other employees. The loss or departure of any officers or key employees could harm our ability to implement our business plan and could adversely affect our operations. Our future success depends to a significant extent on the continued service and coordination of our management team, particularly Darl C. McBride, our President and Chief Executive Officer. Translation: as a stock scam, that is.

    ----------8<----------8<----------

    Our stock price is volatile.

    The trading price for our common stock has been volatile, ranging from a low closing sales price of $1.09 in mid-February 2003, to a high closing sales price of $20.50 per share in October 2003, to a current sales price of $3.52 on March 29, 2005. The share price has changed dramatically over short periods. We believe that the changes in our stock price are affected by changing public perceptions concerning the strength of our intellectual property claims and other factors beyond our control. Public perception can change quickly and without any change or development in our underlying business or litigation position. An investment in our stock is subject to such volatility and, consequently, is subject to significant risk. Translation: the changes in our stock price are due to our continual operation of the Paintblaster® XP.

    [end of page 47]

    There are risks associated with the potential exercise of our outstanding options.

    ----------8<----------8<----------

    The resale of common shares by BayStar may have an adverse impact on the market value of our stock and the existing holders of our common stock.

    ----------8<----------8<----------

    Our stock price could decline further because of the activities of short sellers.

    Our stock has attracted the interest of short sellers. The activities of short sellers could further reduce the price of our stock or inhibit increases in our stock price. Translation: we are planning a manipulative short squeeze. The blame game continues!

    Looks like I have to change my signature, then.

    ---
    See my bio for copyright details re: this post.
    Darl McBride, file your 10-K and your 10-Q!

    [ Reply to This | # ]

    SCO Files Tardy 10K and 10Q/A With the SEC
    Authored by: mpellatt on Saturday, April 02 2005 @ 01:41 AM EST
    We believe that we compete favorably with many of our competitors in a number of respects, including product performance, functionality and price, networking capability and breadth of hardware compatibility.

    The serious lack of support for current PC hardware was an ongoing issue with OpenServer some 10 years ago. Has this really been sorted ??

    [ Reply to This | # ]

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