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
SCO's 2Q Results Press Release and 8K
Tuesday, June 05 2007 @ 06:15 PM EDT

Here's the press release on SCO's 2Q results as filed with the SEC as an attachment to SCO's 8K. Bleak as usual, with lots of upbeat talk about the future, as usual, at the conference call. No questions at all at the conference call, I'm told. What is there to say?

The press release highlights their "current and beta" mobile products:

At the recent CTIA Wireless Show, the Company exhibited many of its current and beta mobile technologies, including a soon to be released mobile technology that enables users to manage their life on the go. The Company’s latest release of Shout Postcard received favorable press coverage and product reviews during the CTIA Wireless Show. Shout Postcard is the Company’s new mobile technology for sharing life’s moments on the go with a personalized, multimedia postcard. Shout Postcard creates a rich, mobile experience by combining pictures, audio and text into a unique postcard that users can share through e-mail or other smart phones.

Now what if it were true that Santa Cruz of old is now SCO Group? Let's just imagine it true for a moment. If it were, then this, ladies and gentlemen, is what the old Santa Cruz has become.

Not one thin dime of revenue this quarter from SCOsource to offset the costs of it.

Here's the press release announcing financial results for SCO's second quarter ended April 30, 2007:

*******************************

EXHIBIT 99.1
FOR IMMEDIATE RELEASE
Contact:
Craig Bushman
The SCO Group, Inc.
[email, telephone]
www.sco.com
The SCO Group Announces Second Quarter 2007 Results
LINDON, Utah — June 5, 2007 — The SCO Group, Inc. (Nasdaq: SCOX), a leading provider of UNIX® software technology and mobile services, today reported results for its second quarter ended April 30, 2007.
Revenue for the second quarter of fiscal year 2007 was $6,014,000, down from $7,126,000 for the comparable quarter of the prior year. The net loss for the second quarter of fiscal year 2007 was $(1,143,000), or $(0.05) per diluted common share, an improvement over the net loss of $(4,694,000), or $(0.22) per diluted common share, for the comparable quarter of the prior year. Revenue for the first two quarters of fiscal year 2007 was $12,029,000, down from $14,469,000 for the first two quarters of the prior fiscal year and the net loss for the first two quarters of fiscal year 2007 was $(2,167,000), or $(0.10) per diluted common share, an improvement over the net loss of $(9,275,000), or $(0.45) per diluted common share for the first two quarters of the prior fiscal year. The decrease in revenue was primarily attributable to continued competitive pressures on the Company’s UNIX products and services and the improvement in net loss was primarily attributable to reduced legal costs and operating expenses.
“Even though competition continues to impact our revenue, we are pleased that our legal costs and operating expenses are lower than the comparable prior periods which improved our financial results,” said Darl McBride, president and CEO. “We are committed to our strategy of serving our UNIX customers, developing innovative new mobile technologies and protecting our valuable intellectual property.”
Legal and related costs incurred in connection with the Company’s litigation were $1,066,000 for the second quarter of fiscal year 2007, which was down significantly from costs of $3,762,000 for the comparable quarter of the prior year. Because of the unique and unpredictable nature of the Company’s litigation, the occurrence and timing of litigation-related costs is difficult to predict, and will be difficult to predict in the future. While the Company expects to continue to incur legal costs related to its ongoing litigation during the 2007 fiscal year, the Company’s expectation is that fiscal 2007 costs will be less than they were for the 2006 fiscal year.


Cash and cash equivalents, available-for-sale marketable securities and restricted cash to be used for certain legal expenditures totaled $11,181,000 as of April 30, 2007, compared to $12,664,000 as of October 31, 2006.
The Company’s Business
During the second quarter of fiscal year 2007, the Company worked closely with customers and partners to offer new solutions to the marketplace. The Company announced that it had partnered with April System Design and Alpha Micro to help customers extend the life of their UNIX applications. Through this partnership, customers can convert their green screen UNIX applications to a modern new graphical interface without the need to rewrite applications or make large investments in software development. This saves customers valuable time and money by allowing them to stay on their familiar and reliable SCO UNIX platform while continuing to use their existing applications.
The Company recently announced a new release of HipCheck, a unique mobile technology designed to remotely control and manage UNIX and Windows server and PC systems. The new version of HipCheck extends the product’s capabilities in terms of feature sets and the number of mobile handheld devices that are supported.
At the recent CTIA Wireless Show, the Company exhibited many of its current and beta mobile technologies, including a soon to be released mobile technology that enables users to manage their life on the go. The Company’s latest release of Shout Postcard received favorable press coverage and product reviews during the CTIA Wireless Show. Shout Postcard is the Company’s new mobile technology for sharing life’s moments on the go with a personalized, multimedia postcard. Shout Postcard creates a rich, mobile experience by combining pictures, audio and text into a unique postcard that users can share through e-mail or other smart phones. A free download and more information on Shout Postcard may be obtained by visiting www.shoutpostcard.com.
Conference Call
As previously announced, The SCO Group will host a conference call at 5:00 p.m. EST today, June 5, 2007, to discuss the second quarter 2007 results. To participate in the teleconference, please call toll free 1-800-952-4629 or use the toll number 1-212-231-2901; confirmation code: 21340130, approximately ten minutes prior to the time stated above. A listen-only Webcast of the call will be broadcast live with a replay available the following day. The Webcast and replay may be accessed from http://ir.sco.com/events.cfm.
Forward-Looking Statements
The statements contained in this press release regarding (i) our commitment to our UNIX business, moving forward with our mobile services and defending our intellectual property rights, (ii) our expectation that our legal costs will be less in fiscal 2007 than in


fiscal 2006, and (iii) other statements that are not historical facts are forward-looking statements and are made under the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. These statements are based on management’s current expectations and are subject to risks and uncertainties. We wish to advise readers that a number of important factors could cause actual results to differ materially from historical results or those anticipated in such forward-looking statements. These factors include, but are not limited to, continued competitive pressure on the Company’s operating system products, which could impact the Company’s results of operations, adverse developments in and increased or unforeseen legal costs related to the Company’s litigation, the inability to devote sufficient resources to the development and marketing of the Company’s products, including the Me Inc. mobile services and development platform, and the possibility that companies with whom the Company has formed partnerships will decide to terminate, or reduce the resources devoted to, their partnership with the Company. These and other factors that could cause actual results to differ materially from those anticipated are discussed in more detail in the Company’s periodic and current filings with the Securities and Exchange Commission, including the Company’s Form 10-K for the fiscal year ended October 31, 2006 and Form 10-Q for the fiscal quarter ended January 31, 2007. These forward-looking statements speak only as of the date on which such statements are made, and the Company undertakes no obligation to update such statements to reflect events or circumstances arising after such date.
About The SCO Group
The SCO Group (NASDAQ: SCOX) is a leading provider of UNIX software technology and mobile services, offering SCO OpenServer for small to medium business, UnixWare for enterprise applications, and Me Inc. for mobile services. SCO’s highly innovative and reliable solutions help millions of customers grow their businesses everyday, from SCO OpenServer on main street to UnixWare on Wall Street, and beyond. SCO owns the core UNIX operating system, originally developed by AT&T/Bell Labs and is the exclusive licensor to UNIX-based system software providers.
Headquartered in Lindon, Utah, SCO has a worldwide network of thousands of resellers and developers. SCO Global Services provides reliable localized support and services to partners and customers. For more information on SCO products and services, visit http://www.sco.com.
SCO, SCO OpenServer, Me Inc. and the associated SCO logo are trademarks or registered trademarks of The SCO Group, Inc. in the U.S. and other countries. UNIX and UnixWare are registered trademarks of The Open Group. All other brand or product names are or may be trademarks of, and are used to identify products or services of, their respective owners.


The SCO Group Announces Second Quarter 2007 Results Page 4
Condensed Consolidated Balance Sheet Data
(unaudited, in thousands)
April 30, October 31,
2007 2006
Assets:
Cash and cash equivalents
$ 7,787 $ 5,369
Restricted cash
5,389 8,024
Available-for-sale marketable securities
2,249
Accounts receivable, net
4,320 5,123
Other
1,402 1,514
Total current assets
18,898 22,279
Property and equipment, net
454 608
Other
495 522
Total assets
$ 19,847 $ 23,409
Liabilities:
Accounts payable
$ 1,867 $ 2,338
Accrued payroll and other expenses
4,363 5,566
Deferred revenue
3,120 2,994
Other
3,115 4,237
Total current liabilities
12,465 15,135
Long-term liabilities
189 192
Stockholders’ equity
7,193 8,082
Total liabilities and stockholders’ equity
$ 19,847 $ 23,409


The SCO Group Announces Second Quarter 2007 Results Page 5
Condensed Consolidated Statement of Operations Data
(unaudited, in thousands, except per share data)
Three Months Ended Six Months Ended
April 30, April 30,
2007 2006 2007 2006
Products revenue
$ 4,895 $ 5,703 $ 9,761 $ 11,703
SCOsource licensing revenue
34 23 64
Services revenue
1,119 1,389 2,245 2,702
Total revenue
6,014 7,126 12,029 14,469
Cost of products revenue
335 497 712 1,081
Cost of SCOsource licensing revenue
1,066 3,762 1,720 7,772
Cost of services revenue
546 709 1,105 1,346
Total cost of revenue
1,947 4,968 3,537 10,199
Gross margin
4,067 2,158 8,492 4,270
Operating expenses:
Sales and marketing
2,393 2,857 4,833 5,545
Research and development
1,554 1,886 3,313 3,757
General and administrative
1,351 1,718 2,674 3,310
Amortization of intangibles
593 1,185
Total operating expenses
5,298 7,054 10,820 13,797
Loss from operations
(1,231 ) (4,896 ) (2,328 ) (9,527 )
Equity in income (loss) of affiliate
64 106 (8 )
Other income, net
105 316 248 461
Loss before provision for income taxes
(1,062 ) (4,580 ) (1,974 ) (9,074 )
Provision for income taxes
(81 ) (114 ) (193 ) (201 )
Net loss
$ (1,143 ) $ (4,694 ) $ (2,167 ) $ (9,275 )
Basic and diluted net loss per common share
$ (0.05 ) $ (0.22 ) $ (0.10 ) $ (0.45 )
Weighted average basic and diluted common shares outstanding
21,233 20,994 21,209 20,520


  


SCO's 2Q Results Press Release and 8K | 148 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections here
Authored by: Just_Bri_Thanks on Tuesday, June 05 2007 @ 06:26 PM EDT
And please put the nature of the correction in the title of the comment!

---
Bri. Just Bri. Thank you.
(With a long i sound.)
Without qualification, certification,
exception, or (hopefully) bias.

[ Reply to This | # ]

Off Topic here
Authored by: Just_Bri_Thanks on Tuesday, June 05 2007 @ 06:28 PM EDT
And please format hyperlinks by using the allowed HTML found in red at the
bottom of the comment edit box, and by formatting your post as HTML (The default
is "Plain Old Text".)

---
Bri. Just Bri. Thank you.
(With a long i sound.)
Without qualification, certification,
exception, or (hopefully) bias.

[ Reply to This | # ]

Conference Call
Authored by: tiger99 on Tuesday, June 05 2007 @ 06:34 PM EDT
No questions at all, not even from the MOGster! I guess that means that there is no interest whatsoever in SCO.......

:-)

[ Reply to This | # ]

cricket_chirp.wav Festival?!
Authored by: Anonymous on Tuesday, June 05 2007 @ 06:46 PM EDT
"No questions at all at the conference call, I'm told."

These so-called conference calls should be renamed. Dear SCO marketing
department (if still existing at all), I'd propose the name
"cricket_chirp.wav Festival". Sincerely yours...

[ Reply to This | # ]

Exclusive licensor?
Authored by: rocky on Tuesday, June 05 2007 @ 06:53 PM EDT
I've often wondered, how do they get away with saying:
"SCO...is the exclusive licensor to UNIX-based system software
providers."

Isn't Sun an obvious example of how that's a total lie from SCOX? SCOX is not a
licensor of UNIX to Sun Solaris.

---
"I just *know* there's more to this than even Novell knows about. They didn't
buy what they thought they bought." -cybervegan

[ Reply to This | # ]

Any thoughts now on how long SCO can last?
Authored by: Anonymous on Tuesday, June 05 2007 @ 06:55 PM EDT
They keep losing money but they never seem to run out. Clearly they will last
long enough for summary judgement, but can they make it to trial?

[ Reply to This | # ]

Newsflash "SCO slightly less bankrupt than expected" - shares rally!
Authored by: Felix_the_Mac on Tuesday, June 05 2007 @ 06:57 PM EDT
.

[ Reply to This | # ]

Has Vultus disappeared?
Authored by: Anonymous on Tuesday, June 05 2007 @ 07:24 PM EDT
Vultus was bought by SCO so some of SCO's hyper-inflated stock value could be
moved to Canopy afaict. Also afaict, there is no mention of anything Vultus
related in this 8k.

Have they dropped any pretense that Vultus was a worthwhile purchase? When was
the last time they mentioned any Vultus related product in an SEC filing?

It seems to me that they paid way more than they should have for an asset that
they should have known was worthless. In fact the deal seems fraudulent. It
seems to me that anyone who owned stock at the time of the transaction should be
able to sue SCO for harming the value of the stock.

Why hasn't anyone gone after them? What am I missing?

[ Reply to This | # ]

SCO's business claims vs actions
Authored by: Anonymous on Tuesday, June 05 2007 @ 07:42 PM EDT
SCO always proudly announces itself as "the owner of UNIX" and acts as
thier multi-billion dollar assets are valid and impressive.

But their actual business seems to be dominated by tiny little .com toys like
"email postcards". Shouldn't they be talking about how they're
releasing new UNIX versions, how they've certified UNIX on new hardware
platforms, how they've created new server software to help Sun or Windows
businesses to transport their businesses to UNIX? Nope, you don't hear that,
you hear about postcards.

Actions show everything.

[ Reply to This | # ]

Why can't it just die?
Authored by: Anonymous on Tuesday, June 05 2007 @ 08:08 PM EDT
It looks like SCOX doesn't have the decency to just die and relieve us of its
presence. With $7M in net cash and only $1.1M loss this quarter, it doesn't look
like SCOX is going to disappear any time soon. It appears that SCOX was able to
narrow its losses through massive layoffs, so it may well last through the
trial(s), if any.

[ Reply to This | # ]

Stock jump! yow! 17cents - pump and dump
Authored by: Anonymous on Tuesday, June 05 2007 @ 08:59 PM EDT
jeez, love the pump and dump!

keep it coming guys!

[ Reply to This | # ]

Things that make you go Hmmm....
Authored by: valdis on Tuesday, June 05 2007 @ 09:39 PM EDT
"The net loss for the second quarter of fiscal year 2007 was
$(1,143,000)"

"Legal and related costs incurred in connection with the Company’s
litigation were $1,066,000 for the second quarter of fiscal year 2007"

In other words, if they hadn't blown a million bucks on lawsuits, they'd be just
about breaking even.

[ Reply to This | # ]

    No comments
    Authored by: hAckz0r on Tuesday, June 05 2007 @ 10:19 PM EDT
    Daryl: Any questions from our stock holders out there? <click>
    One...Two...Three...Four...
    Daryl: <click>Ok, see you all next quarter! <click>
    Daryl: Oops! Was that mute button on again?

    Seriously, anyone with a clue that cares already took their losses and ran. It's likely that the only ones left are the ones in the board room who hope not to go to jail when its all over. Some certain people might think that by holding onto the company stock a jury might think that they actually believed they had a case to file in the first place, and not just a grand extortion plan. Of course those people would be wrong. No jurist in their right mind would think that.

    ---
    DRM - As a "solution", it solves the wrong problem; As a technology its logically infeasible.

    [ Reply to This | # ]

    • No comments - Authored by: Anonymous on Tuesday, June 05 2007 @ 10:46 PM EDT
    Soon to be released ... ??
    Authored by: ChefBork on Tuesday, June 05 2007 @ 10:39 PM EDT

      At the recent CTIA Wireless Show, the Company exhibited many of its current and beta mobile technologies, including a soon to be released mobile technology that enables users to manage their life on the go....

    How long are they going to keep saying "soon" and yet never sell anything?

    Does anyone remember when 'Go' (name?) was first mentioned in a conference call or SEC document? Wasn't it over a year ago now?

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

    [ Reply to This | # ]

    No known revenue from SCOmobile
    Authored by: _Arthur on Tuesday, June 05 2007 @ 10:42 PM EDT
    SCO has been selling Me Inc, HipCheck and Shout!Postcard for more than a year,
    and their financials don't show any revenue from those sales, if any.

    A SCO shareholder would be unable to evaluate the success of SCO Mobile
    Division, unless he takes Darl's bluster at face value.

    [ Reply to This | # ]

    Rich, mobile experience
    Authored by: argee on Wednesday, June 06 2007 @ 12:00 AM EDT
    OK, let me see if I have this right. Rather than sending
    a plain text email message on your cell phone, you get to
    send the same message somehow wrapped in a graphical
    postcard.

    Takes longer to download, you have to maneuver the message
    around the picture (or maybe it shows up before or after
    the picture so it is superflous) and costs a *lot* more in
    transmission costs.

    This is not rich, mobile experience. It is a mobile
    experience for the rich.


    ---
    --
    argee

    [ Reply to This | # ]

    Is Groklaw just schadenfreude now?
    Authored by: Anonymous on Wednesday, June 06 2007 @ 12:55 AM EDT
    Not really, I know. But for me, it increasingly is. It's apparent to all and
    sundry now that the endgame approaches, and SCOG is not going to survive it.

    Now, don't get me wrong, I'm getting mucho freude from SCOG's schaden, and I'm
    certainly not going to quit reading Groklaw, it just seems to me that we've now
    crossed the point where the only legal analysis left is just documentation of
    the endgame. On the other hand, now that oral arguments have begun, well the
    actual courtroom coverage is our money shot for following this all the way
    through, isn't it?

    Now Groklaw does have other interests besides SCOG's immolation, and some of
    them interest me more than others. Frex, I fully expect Groklaw to be *the*
    place to turn for legal analysis of GPLv3.

    So we're not going anywhere, me, you, PJ, mathfox, Groklaw...it just seems to me
    that we're at a sea change here, and I wondered if I was alone in that thought.

    bkd

    [ Reply to This | # ]

    CEO Ransom Love's parting advice to Darl
    Authored by: belzecue on Wednesday, June 06 2007 @ 01:12 AM EDT
    Ransom Love: Oh, one last thing before I hand over to you...

    Darl McBride: Yuh-huh?

    Ransom Love: See that box labeled 'UNIX'?

    Darl McBride: Yeah?

    Ransom Love: We own that box. But do not EVER open it.

    Darl McBride: So we own the box and we own what's IN the box?

    Ransom Love: All I can tell you is, we own the box. That's all you need to know.
    So long as you NEVER EVER open the box, things will be just fine. Do you
    understand?

    Darl McBride: Sure. We own the UNIX box. Don't ever open the UNIX box.

    Ransom Love: Exactly. See ya.

    [Ransom leaves...]

    Darl McBride: All righty, let's see what's in the box...

    [ Reply to This | # ]

    SCO's hopes to revive itself by reinventing the wheel...
    Authored by: macrorodent on Wednesday, June 06 2007 @ 04:38 AM EDT
    From the PR: Shout Postcard creates a rich, mobile experience by combining pictures, audio and text into a unique postcard that users can share through e-mail or other smart phones.

    And this seems to be their main hope? Pathetic. I don't know about how it is in America, but at least here in the Old World, every GSM and 3G mobile phone (except some basic entry level handsets) have for years supported multimedia messages (MMS) as a built-in feature. These can include, audio, video, text etc.

    [ Reply to This | # ]

    Favourite part of results
    Authored by: Anonymous on Wednesday, June 06 2007 @ 05:32 AM EDT
    I think the most honest (and funniest) part of this release has to when
    detailing their legal costs they mention 'the unique and unpredictable nature of
    the Company’s litigation'.

    It sure is 'unique' (and hopefully we will never see anything like it again!).
    And as for unpredictable, who could have guessed how ridiculous SCO's lawyers
    would get.

    [ Reply to This | # ]

    SCO's 2Q Results Press Release and 8K
    Authored by: blacklight on Wednesday, June 06 2007 @ 08:04 AM EDT
    SCOG's litigation strategy is highly successful, and SCOG's latest financials
    prove it :) I am glad that SCOG has enough cash, cash equivalents and
    receivables ($16 mils US) to cover the $10 mils US that Novell wants to claim.
    Now is the best time for Novell to get seizure fever and have SCOG put the $10
    mils US in escrow :)

    ---
    Know your enemies well, because that's the only way you are going to defeat
    them. And know your friends even better, just in case they become your enemies.

    [ 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 )