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
Media Reaction to Yesterday's Call - Updated
Thursday, September 07 2006 @ 02:54 AM EDT

In case you missed yesterday's 3rd quarter conference call, there is an archive of it here. The media reaction was sparse and bleak:
  • Bob Mims, Salt Lake Tribune: " For its third quarter, Utah's SCO Group on Wednesday reported further slippage in both revenues and income, compared with the same time last year."
  • Gavin Clarke, The Register: "The SCO Group saw its business ebb away during the third quarter, as both revenue and sales continued their steady migration southwards."

That's about it. Darl McBride mentioned that the next step in the IBM litigation is to depose the experts. I'm sure SCO is looking forward to that. Not. He likes what their experts have done so far, he says. He was clearly reading, by the way, not chatting. If they keep executing as a company, he said, then success will follow. Yup. He said that.

George Weiss of Gartner attended and asked a question, as did a couple of others. The answers included that SCO is having problems with certification, not hardware but software. And Tim Negris has now been moved into "a strategic consultation" role. He sorta slid from the front door right out the back, then, didn't he? Maybe he'll write a book someday. I'd buy it. Sandy Gupta now "has the reins in his hands".

McBride described the new mobility business as a racehorse itching to get running. The problem is, SCO can't spend on the mobility business, even though they have cash on the balance sheet, until the litigation is over. So that racehorse will have to keep pawing the ground a bit longer, I suppose. They look forward to getting the litigation behind them. Amen. We see eye-to-eye there. Employee morale is good, he said. The employees are excited about where the company is going. That's where they stand right now. That's what the man said.

Update: Computer Business Review now has a more thorough rundown by Timothy Prickett Morgan:

As you might imagine, SCO wanted to talk a bit about its Me Inc mobile services application development platform, and it did. McBride touted the partnership SCO forged in the third quarter that will see Microsoft Corp integrate its Visual Studio development tools with SCO's Me Inc tools.

He added that SCO was working with the NetBeans community for a similar integration, and had secured relationships with Palm for the use of the Me Inc tools for application development on Palm handhelds and with Day-Timers to create the DT4 application, which is an electronic version of the popular Day-Timer planner.




  


Media Reaction to Yesterday's Call - Updated | 150 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Off topic thread
Authored by: Totosplatz on Thursday, September 07 2006 @ 03:43 AM EDT
Please make links click-able.

Greetings from China.



---
All the best to one and all.

[ Reply to This | # ]

Corrections
Authored by: ankylosaurus on Thursday, September 07 2006 @ 03:53 AM EDT
As if there'd be any mitsakes in PJ's work.

---
The Dinosaur with a Club at the End of its Tail

[ Reply to This | # ]

Media Reaction to Yesterday's Call
Authored by: phantomjinx on Thursday, September 07 2006 @ 04:13 AM EDT
"Employee morale is good, he said."

Given that I attended a meet the Chief Exec meeting yesterday and he was
espousing where our great company was going, I would be interested to know just
how morale was REALLY doing. Anyone know whether lots of SCO engineers have
signed up to jobserve in the past few months?

[ Reply to This | # ]

Media Reaction to Yesterday's Call
Authored by: Anonymous on Thursday, September 07 2006 @ 05:51 AM EDT
Did he say "executing as a company" or "executing the
company"?

As for "excited" employees, presumably this is "excited" in
the sense of "the components of the bomb are excited prior to the
explosion".

[ Reply to This | # ]

Today's Two Silly Questions...
Authored by: sproggit on Thursday, September 07 2006 @ 06:06 AM EDT
And the first is about exit strategies.

In this article PJ reports that Darl McBride's description of TSGs new Mobility
Business as a racehorse that was itching to get running. So... fast forward to
some time next year. In mid-litigation, without clear resolution to the
exhoneration of either IBM or the Linux kernel, The SCO Group file for either
Chapter 11 or full Bankruptcy. Presumably this "Mobility Business" -
and all it's precious IP [don't forget that please, it's important] would become
an asset of the company to be sold in order to pay off it's creditors.

What's to stop Darl and/or other TSG Directors trying to buy up this mobility
stuff for a dime or two, using the leverage, perhaps, that they understand it
better than anyone, and then carrying on in the mobile services space? Do we
know if any patents have been applied for with respect to this mobility stuff?
Could they wash-rinse-repeat and go after Nokia or Motorola or RIM or someone in
mobility services?



Second question: in the last couple of days we've seen lots of posts about TSG's
finances and the fact that they are steadily losing money. IIRC, earlier in this
story were comments that in this latest incarnation, "The SCO Group"
have never had a wholly profitable accounting year. [Even if small parts of
their business have generated profits, other parts have always offset this].

Is this correct? If TSG have never once turned in a profit, then presumably they
were set up with a "net injection" of cash from some form of VC
process, or by directors or employees bringing money to the firm. Has this
history been covered? I'm just curious to know who it is, out there, who is
seeing their investment burn away at this rate, and who is so happy to let that
continue to happen. I have a sneaking suspicion that it is in fact Ralph Yarro.
After the acrimonious disputes with the Noordas I think he got some kind of
settlement consisting of their remaining TSG stock [ie Canopy Group's holdings]
but I'm not completely sure.

The reason for the interest is just that someone, somewhere, is "taking a
bath" on this at the moment, and their silence is inexplicable at face
value...

[ Reply to This | # ]

Musical Chairs
Authored by: DaveJakeman on Thursday, September 07 2006 @ 06:33 AM EDT
It seems that those within SCO prepared to say things in support of SCO's
litigation - regardless of the merit of their advice - have been promoted,
rewarded and retained. Whereas those that have tried to forewarn SCO of this
potentially perilous action or emphasize the insubstantial grounds of SCO's case
have been shunted aside, lost, forgotten.

What does this say about those still in position at the top?

---
Unfortunately for us, common sense is not very common.
---
Should one hear an accusation, try it out on the accuser.

[ Reply to This | # ]

In my experience
Authored by: Anonymous on Thursday, September 07 2006 @ 07:10 AM EDT
In my experience, the only companies that talk about employee morale a lot, are
ones that have a morale problem. So, to me, it's funny how Darl mentions it
every conference call.


Even ignoring the above, I also find it hilarious how employee morale is the
best positive that he can come up with.

Quatermass
IANAL IMHO etc


[ Reply to This | # ]

Sandy Gupta
Authored by: gbl on Thursday, September 07 2006 @ 07:56 AM EDT
I wonder if Sandy Gupta is the only remaining staff member working on TSG Unix
products?

---
If you love some code, set it free.

[ Reply to This | # ]

    Favorite Quotes from The Register
    Authored by: ChefBork on Thursday, September 07 2006 @ 08:07 AM EDT

    "Revenue from SCO's Unix business dropped 22 per cent to $6.2m, while SCOsource revenue from licensing dipped 3.1 per cent to $31,000. Cough."

    "Legal costs associated with SCO's Charge of the Light Brigade style action against IBM are down."

    I think this analyst has "got it" just fine.

    ---
    If two heads are better than one, then why are liars two-faced and being of two minds indecisive?

    [ Reply to This | # ]

    SCO's racehorse
    Authored by: jfw25 on Thursday, September 07 2006 @ 08:52 AM EDT
    So, they have this new business line which they know will be big, big, big, but they can't actually start it up for real until the litigation is finished.

    This is an industry where being even a couple of months late with a product can be fatal, if it gives direct or indirect competitors an opportunity to fill whatever "much needed gap" you thought your product niche was. Yet they are apparently at least a year away from making any serious investment in this product line, even though mobile applications are hot today and other companies are lining up with real products which don't sound like MLM scams.

    This starts to sound like an ideal setup for selling the Me, Inc. "business" (and maybe a few lucky key executives) to some "partner with the resources to make it a success" in exchange for a quick infusion of cash that just happens to trigger a payout to BSF (SCO's other "partner") to keep them happy. And if that "partner" later terminates the Me, Inc. business without ever having brought an obvious product to market? Well, hey, when you make as many acquisitions as Mic... this "partner" does, not all of them work out, right?

    I think SCO's "racehorse" is already destined for the glue factory.

    [ Reply to This | # ]

    • "much needed gap" - Authored by: John Hasler on Thursday, September 07 2006 @ 10:55 AM EDT
    • Actually... - Authored by: Anonymous on Thursday, September 07 2006 @ 01:13 PM EDT
      • Actually... - Authored by: Anonymous on Thursday, September 07 2006 @ 03:17 PM EDT
        • Actually... - Authored by: Anonymous on Thursday, September 07 2006 @ 04:34 PM EDT
    No product development is happening.
    Authored by: Anonymous on Thursday, September 07 2006 @ 08:52 AM EDT

    WHAT mobility business?

    I note that R&D spend is DOWN significantly over last year, and down last year from the year before. Even if they were just marking time, they'd be spending money keeping up with current mobile technology (which, BTW, is evolving at frantic speed). The fact that they're not, and that their R&D spend is a fraction of what would be needed to actually produce the platform they announced, suggests strongly that the entire mobility product is, and will remain, vaporware.

    Not that there's anything surprising about that, of course.

    [ Reply to This | # ]

    If they keep executing [the] company...
    Authored by: LegalIdiot on Thursday, September 07 2006 @ 10:54 AM EDT
    Lets face it, they couldn't be doing a better job at what they are doing...


    As for the stock market, it seems we need a different kind of valuation scale when it comes to TSG. The new scale, instead of highs and lows, assets, dividends, and distributions, it contains only one figure. That polynomial figure is the “acceleration” towards the singularity of total self destruction. Defying all laws of physics TSG may be the first entity to blast on past the event of a singularity and into an alternate universe where a net worth of -$0 is considered a large sum of money. (Yes we know some of them have been living there for a while now.) Since the event of “the singularity” is so self evident there is little wonder why there were no questions asked after the session.


    I would not mind giving TSG my two cents worth of advise, but no doubt they would not listen to even the most obvious realities, even at this point. Better people have tried than me and it all fell on deaf ears. No, I think I will just wait for Novel and/or IBM to own the company outright, and then I will just fork over some real hard earned currency for one of those “worthless pieces of paper” to hang on my wall. I just hope that Novel/IBM will seriously think about selling “the worthless paper it was printed on” as souvenirs when this is all over. Are you listening IBM? Please don't throw them away! Despite the singularity, those notes will always be worth something, but for a completely different reason than TSG thinks! Maybe they can be sold as “Groklaw Gear” someday? I know, that would be mean, and I assure everyone that it runs completely against my own nature, but somehow it just seems like a much more appropriate way of disposing of all the paper that funded this corporate implosion than to simply burn it. You know, Global warming and all...

    [ Reply to This | # ]

      Flatlining
      Authored by: Tufty on Thursday, September 07 2006 @ 11:12 AM EDT
      The Paintblaster seems to have a problem. A nice slide yesterday and flatline
      (so far) today. None of the usual action that you see. Not even a dead cat
      bounce, err my apologies to the cat! The support certainly seems to have gone
      out of the stock and the manipulation over the last few weeks has been weak at
      the best. An attmpted cimb was greeted with a new 52 week low. Is the pipe fairy
      out? Is Yarrow left on his own to try and pump it? Employee morale may be, ahem,
      high but the stock morale...............



      ---
      There has to be a rabbit down this rabbit hole somewhere!
      Now I want its hide.

      [ Reply to This | # ]

      Me Inc rebranded Poor Me!
      Authored by: kawabago on Thursday, September 07 2006 @ 11:40 AM EDT
      Or at least that's what I expect.

      [ Reply to This | # ]

      Pawing The Ground
      Authored by: BassSinger on Thursday, September 07 2006 @ 12:02 PM EDT
      I think the racehorse is pawing (hoofing?) the ground because it is trapped in a
      barn that is burning down around it. It may be a nag, too, but the insurance
      loss forms undoubtedly say "racehorse".

      ---
      In A Chord,

      Tom

      Proud Member of the Kitsap Chordsmen
      Registered Linux User # 154358

      [ Reply to This | # ]

      Another conference call summary
      Authored by: long_hair_smelly on Thursday, September 07 2006 @ 01:08 PM EDT
      "SCO Continues to Struggle Against Linux in Q3" Article at Computer Business Review Online.

      [ Reply to This | # ]

      PIPE Fairy endurance
      Authored by: Anonymous on Thursday, September 07 2006 @ 01:16 PM EDT
      Everyone who does an analysis of SCO's finances comes to a similar conclusion
      that SCO will go bankrupt in about 3 quarters barring further PIPE Fairy cash
      infusions. The open question is how much longer will the PIPE Fairy carry SCO.

      In looking at that problem from Microsoft's viewpoint I think that the incentive
      for carrying SCO has changed. SCO v IBM has become worthless to Microsoft as a
      propaganda tool, in fact it is probably an embarassment. So Microsoft has an
      incentive to just drop the whole thing quietly if they can. Microsoft is
      probably very disinclined to pay the huge penalties that Novell, IBM, and
      possibly Red Hat are going to extract from SCO sooner or later.

      But a new problem has risen for Microsoft. If Microsoft stops supporting SCO
      then SCO could provide devastating evidence of criminal conduct by the Microsoft
      principals. The resulting scandal would probably result in jail time for some
      very rich people.

      Now that the SCO scandal has reached the point that Microsoft is completely on
      the defensive and very endangered, Microsoft is probably looking for changes in
      strategy to get themselves out of this mess. One of the changes that they are
      probably considering and could conceivably adopt is to abandon SCO as a company
      and pay hush money to potential witnesses. This course is less costly and
      potentially a stronger defence than paying ever larger sums of money to delay,
      but not stop, the IBM and Novell onslaught. The main roadblock to this strategy
      is that the people at SCO and Microsoft do not trust each other, as indeed both
      parties are extremely untrustworthy in general.

      --------------------------
      Steve Stites


      [ Reply to This | # ]

      How long before SCO sues it's resellers for offering linux?
      Authored by: markpmc on Thursday, September 07 2006 @ 01:36 PM EDT
      I think SCO really needs to think about this angle. If they only sue resellers
      then maybe someone will actually buy something from them.

      Of course there would be no one shipping solutions based on SCO, but that's the
      trend anyway.

      Darl, think about it. This would be an entirely new angle to your litigation
      business model.

      markpmc

      [ Reply to This | # ]

      Media Reaction to Yesterday's Call
      Authored by: Anonymous on Thursday, September 07 2006 @ 03:39 PM EDT
      Did anybody grab a copy while it was still available?

      [ Reply to This | # ]

      Employee morale is good, he said.
      Authored by: Anonymous on Thursday, September 07 2006 @ 04:25 PM EDT
      Eye-rolling has become the daily on-the-hour exercise for SCO employees.

      When you think employee morale, roll your eyes.
      When someone mentions morale, roll your eyes.
      When you see Darl, roll your eyes.
      When you see Sontag, roll your eys.
      When you see Blake, roll your eyes.
      When you think about coming to work, roll your eyes.
      When you leave work, sigh. Relieve.
      Repeat when you get up in the morning.

      [ Reply to This | # ]

      Media Reaction to Yesterday's Call - Updated
      Authored by: markpace on Friday, September 08 2006 @ 08:46 AM EDT
      "How do you feel about your teams execution?"

      "I'm all for it." - John McKay

      ---
      A change of pace.

      [ 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 )