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SCO Bankruptcy Filings -- Is SCO Resurrecting the Name Caldera?
Thursday, November 06 2008 @ 05:10 PM EST

We need to take a quick break from the Bilski series because there are a number of filings in the SCO bankruptcy, including a notation in one filing that seems to indicate that SCO is considering resurrecting the name Caldera International. Take a look at this, Exhibit D [PDF], attached to Dorsey & Whitney's 9th monthly application for compensation. On page 9, we see two notations:
08/11/08 - D. Marx - 0.15 40.50 - Discuss foreign qualification issues of the Company's subsidiary, Caldera, with C. Peters

08/11/08 - C. Peters - 0.15 25.50 - E-mail correspondence with J. Bingham regarding Delaware reincorporation of Caldera International, Inc.

What are they up to now? Are they thinking of returning to that name? As in, never mind? Or is there a plan for a new subsidiary?

Update: Page 4 is interesting too. A notation references "notification of change of directorship of ME Software" on 8/19/08. On the 21st, you see emails "regarding change of directors". Then on page 10, there are some notations regarding China, including one that reads "Review and revise termination of joint venture agreement."

Hearing November 20th -- I see there is going to be a hearing [PDF] on the SCO Omnibus Objections on November 20, 2008 at 9:30 AM, so if you are involved in that, you'll want to make arrangement to be represented there, by phone, by attorney, or in person, as per the instructions in the document.

Here are all the filings:

592 - Filed: 10/27/2008
Entered: 11/03/2008
Response (B)
Docket Text: Response to Debtors' First Omnibus Objection to Claims (Non-Substantive) Pursuant to 11 U.S.C. Section 502(b) and Bankruptcy Rule 3007 (related document(s)[574]) Filed by Stan Magee (TAS)

593 - Filed & Entered: 11/04/2008
Certificate of No Objection
Docket Text: Certificate of No Objection (No Order Required) Regarding Thirteenth Interim Application of Berger Singerman, P.A. for Compensation for Services and Reimbursement of Expenses, As Co-Counsel to the Debtors in Possession for the Period From September 1, 2008 Through September 30, 2008 (related document(s)[578]) Filed by The SCO Group, Inc.. (Attachments: # (1) Certificate of Service and Service List) (O'Neill, James)

594 - Filed: 10/28/2008
Entered: 11/05/2008
Response (B)
Docket Text: Response to Debtor's First Omnibus Objection to Claims (Non-Substantive) (related document(s)[574]) Filed by Eric Edward Johnson (TAS)

595 - Filed: 10/31/2008
Entered: 11/05/2008
Objection
Docket Text: Objection to First Omnibus Objection to Claims (Non-Substantive) (related document(s)[574]) Filed by Michael T. McKee (TAS)

596 - Filed: 11/04/2008
Entered: 11/05/2008
Objection
Docket Text: Objection to Debtor's First Omnibus Objection to Claims (Non-Substantive) (related document(s)[574]) Filed by Patricia Laver (TAS)

597 - Filed: 11/04/2008
Entered: 11/05/2008
Objection
Docket Text: Objection to Debtor's First Omnibus Objection to Claims (Non-Substantive) (related document(s)[574]) Filed by Garry Kidson (TAS)

598 - Filed & Entered: 11/06/2008
Notice of Submission of Proof of Claim
Docket Text: Notice of Submission of Proof of Claim /Notice of Submission of Proofs of Claim in Connection with the Debtors' First (Non-Substantive) Omnibus Objection to Claims Pursuant to 11 U.S.C. 502(b) and Bankruptcy Rule 3007 (related document(s)[574]) Filed by The SCO Group, Inc.. (Attachments: # (1) Certificate of Service and Service List) (O'Neill, James)

599 - Filed & Entered: 11/06/2008
Application for Compensation
Docket Text: Monthly Application for Compensation (Ninth) for the Period August 1, 2008 through September 30, 2008 Filed by Dorsey & Whitney LLP. Objections due by 11/26/2008. (Attachments: # (1) Exhibit A # (2) Exhibit B # (3) Exhibit C # (4) Exhibit D # (5) Declaration Certification # (6) Notice) (Schnabel, Eric)

600 - Filed & Entered: 11/06/2008
Certificate of Service
Docket Text: Certificate of Service Ninth Monthly Fee Application of Dorsey & Whitney LLP, Special Counsel to the Debtors and Debtors-in-Possession, for the Compensation and Reimbursement of Expenses for the Period August 1, 2008 Through September 30, 2008 Filed by Dorsey & Whitney LLP. (Schnabel, Eric)

In the latest 10Q, SCO listed the following exhibits:
ITEM 6. EXHIBITS

(a) Exhibits

3.1 - Amended and Restated Certificate of Incorporation of Caldera International, Inc. (incorporated by reference to Exhibit 3.1 to SCO’s Registration Statement on Form 8-A12G/A (File No. 000-29911)).

3.2 - Certificate of Amendment to Amended and Restated Certificate of Incorporation regarding consolidation of outstanding shares (incorporated by reference to Exhibit 3.2 to SCO’s Registration Statement on Form 8-A12G/A (File No. 000-29911)).

3.3 - Certificate of Amendment to Amended and Restated Certificate of Incorporation regarding change of name to The SCO Group, Inc. (incorporated by reference to Exhibit 3.3 to SCO’s Registration Statement on Form 8A12G/A (File No. 000-29911)).

You can find these exhibits, all older documents, here. This is the Certificate of Incorporation of Caldera International back in 2001. And this is the May 2003 amendment about changing the name to The SCO Group, Inc. What a disaster that proved to be.

  


SCO Bankruptcy Filings -- Is SCO Resurrecting the Name Caldera? | 210 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
SCO Bankruptcy Filings -- Is SCO Resurrecting the Name Caldera?
Authored by: Steve Martin on Thursday, November 06 2008 @ 05:13 PM EST
Perhaps this is the name under which they're going to spin off the UNIX and
UnixWare assets when they create their "litigation shell company"?


---
"When I say something, I put my name next to it." -- Isaac Jaffe, "Sports Night"

[ Reply to This | # ]

Off Topic Here
Authored by: Steve Martin on Thursday, November 06 2008 @ 05:14 PM EST
.

---
"When I say something, I put my name next to it." -- Isaac Jaffe, "Sports Night"

[ Reply to This | # ]

Newspick Discussion Here
Authored by: Steve Martin on Thursday, November 06 2008 @ 05:16 PM EST

Clickies to any off-site references appreciated.

---
"When I say something, I put my name next to it." -- Isaac Jaffe, "Sports Night"

[ Reply to This | # ]

Corrections Here
Authored by: Steve Martin on Thursday, November 06 2008 @ 05:17 PM EST

Please post non-anonymously, so that corrections are not duplicated.

(For teh Hat Trick!)

---
"When I say something, I put my name next to it." -- Isaac Jaffe, "Sports Night"

[ Reply to This | # ]

I know!
Authored by: Anonymous on Thursday, November 06 2008 @ 06:09 PM EST

They're going to market a new Linux distro unified with UNIX! They could call it, hmm... Caldera Linux!

[ Reply to This | # ]

Registration of Caldera International updated August 7, 2008
Authored by: Anonymous on Thursday, November 06 2008 @ 06:13 PM EST
File Number: 4585343 Incorporation Date / Formation Date: 08/07/2008
(mm/dd/yyyy)
Entity Name: CALDERA INTERNATIONAL, INC.
Entity Kind: CORPORATION Entity Type: GENERAL
Residency: DOMESTIC State: DE

REGISTERED AGENT INFORMATION

Name: THE CORPORATION TRUST COMPANY
Address: CORPORATION TRUST CENTER 1209 ORANGE STREET
City: WILMINGTON County: NEW CASTLE
State: DE Postal Code: 19801
Phone: (302)658-7581

[ Reply to This | # ]

Name changing is a sure sign of failure
Authored by: elderlycynic on Thursday, November 06 2008 @ 06:15 PM EST
One of my fixed views is that, when a company tries changing
its name as a solution to its problems, it's beyond hope.

A name change as part of a restructuring can work, but
renaming as a solution never does.

[ Reply to This | # ]

Change of directorship for ME Software
Authored by: Anonymous on Thursday, November 06 2008 @ 07:07 PM EST
Hmmm.

[ Reply to This | # ]

  • New subsidary - Authored by: Anonymous on Thursday, November 06 2008 @ 07:25 PM EST
So what they're saying is
Authored by: lordshipmayhem on Thursday, November 06 2008 @ 07:33 PM EST
"Our company is a smoking crater, a deep, hot hole in the ground"

That sounds, ah, realistic.

[ Reply to This | # ]

Caldera - The new hole into which the assets will be poured, .....
Authored by: SirHumphrey on Thursday, November 06 2008 @ 07:42 PM EST
leaving SCO as the shell (game) company to carry on the frivolous litigation.

[ Reply to This | # ]

Caldera International
Authored by: DaveJakeman on Friday, November 07 2008 @ 04:53 AM EST
Caldera International website link.

Oh, no! Do we need two?

---
Monopolistic Ignominious Corporation Requiring Office $tandard Only For Themselves

[ Reply to This | # ]

Caldera, RIP software.
Authored by: Anonymous on Friday, November 07 2008 @ 05:21 AM EST
Link

[ Reply to This | # ]

It's the classic /. business plan
Authored by: Ninguino on Friday, November 07 2008 @ 08:51 AM EST
Business Plan
1) Change Caldera name to SCO
2) Screw up badly
3) Change SCO name back to Caldera
4) ...
5) Profit!

[ Reply to This | # ]

Nov. 20 hearing
Authored by: Anonymous on Friday, November 07 2008 @ 11:23 AM EST

If things go according to schedule, that will also be the hearing on the far more important docket 586, Novell's motion for a constructive trust.

[ Reply to This | # ]

SCO Bankruptcy Filings -- Is SCO Resurrecting the Name Caldera?
Authored by: Anonymous on Friday, November 07 2008 @ 11:31 AM EST
I've seen a number of companies that went bankrupt look for a new name only to
turn to one they "retired" before. With no money they can't afford
branding companies, trademark checks, and all the other stuff that goes with
picking a name so they turn to the cheap option, one they have sitting in their
back pocket.

Thus it is no surprise to me SCO might try to rebrand as Caldera.

[ Reply to This | # ]

SCOs long term strategy ..
Authored by: emacsuser on Friday, November 07 2008 @ 12:22 PM EST
Anyone consider that SCOs long term strategy is to keep the litigation until
they are offered go-away mony in the form of a buyout by IBM for instance. It is
patently obvius by now that the court case is on a hiding to nothing ...

[ Reply to This | # ]

The name Caldera gives them not one penny more
Authored by: vb on Friday, November 07 2008 @ 02:09 PM EST
If they change names...

Caldera is still bankrupt and dying.
Caldera still owes Novell funds for a trust.
Caldera still is going to get pounded, badly, by IBM.

How is the balance sheet, cash flow, or on-going litigation effected by a name
change? Not at all.





[ Reply to This | # ]

News Pick: BIOS vendor promises simultaneous Linux, Windows sessions
Authored by: dio gratia on Friday, November 07 2008 @ 05:31 PM EST
BIOS vendor promises simultaneous Linux, Windows sessions tells us:
Although Phoenix has not shared details, HyperSpace will likely use a secondary ARM-based processor subsystem, similar to Dell's Latitude On technology. This guess is based on Phoenix CEO Woody Hobbs's comment, "HyperSpace delivers an extra two hours of battery life on the average notebook."

Equipped with the Opera browser, and targeting "mobile PCs," the new HyperSpace product will enable Web browsing, secure transactions, instant messaging, multimedia playback, and reading and sending email "without having to wait for Windows to boot," the company says. The technology promises to support Opera Link, a feature aimed at "synchronizing bookmarks and saved pages between multiple devices and OSes," Phoenix said.

It's more likely that storing browser session state in HyperSpace™ can be done through the use of Opera Link, or the likes of Mozilla's Joey, allowing the avoidance of mounting and spinning up local disk drives. We can see how such such technology could be used in cloud computing and the idea extends to other applications besides browsers. I've only examined one of these Linux virtual machines in a BIOS but it allowed the mounting of local storage devices, preserving the ability to operate offline.

It makes you wonder just how much of an OS is needed in the future, and explains why Microsoft is trying to preemptively define cloud computing to include themselves. While the technology is particularly suited to mobility devices, it has the ability to ruin the market for a lot of client/server applications where Windows XP Embedded is found today such as Point of Sales terminals. Can Windows 7 operate from a RAM disk image smaller than XP Embedded's 40 MB? Small footprint mobility devices operating in the cloud put the lie to the need for large OSes. Can Microsoft compete with Linux? Apple appears to be successful in distilling the quintessential essence of the OS X experience for the likes of iPhones. Can Microsoft compete with Apple?

The further cloud computing and mobility devices penetrate into enterprise related applications, the more unsustainable big and expensive operating systems become. Evolution in action. While cloud computing is driven by economics related to enterprise adoption, we see free consumer use as a given today. When does the cost of Windows become an unnecessary burden to the consumer?

[ Reply to This | # ]

Slightly Ticked Off! - SCO Bankruptcy Filings -- Is SCO Resurrecting the Name Caldera?
Authored by: Anonymous on Monday, November 10 2008 @ 02:37 PM EST
First they have an almost reasonable company that is struggling, then they buy
the SCO business, then drag the relatively good name of the Santa Cruz Operation
through smelly slimy stuff that stinks the name up so much no-one would want to
touch the name with a pole less than several AU long. Now they want to switch
back to a name that is not quite so sullied and resurrect the lawsuits that
created all the smelly slimy stinky stuff.

[ Reply to This | # ]

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