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
Your contributions keep Groklaw going.
To donate to Groklaw 2.0:

Groklaw Gear

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


Contact PJ

Click here to email PJ. You won't find me on Facebook Donate Paypal


User Functions

Username:

Password:

Don't have an account yet? Sign up as a New User

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 Puts Out a Press Release About Selling UNIX Assets
Thursday, September 16 2010 @ 12:29 PM EDT

SCO is announcing to the world that its UNIX assets are for sale. Here's the press release on PR Newswire. It describes itself as "a leading provider of UNIX software technology." It says it is selling "substantially all" of its UNIX business, "including certain UNIX system V software products and related services". Hmm. SysV what?

"Our goal is to ensure continued viability for SCO, its customers, employees and the UNIX technology," said Nielsen.

As you have witnessed in the past decade as SCO has sued one customer after another, ensuring continued customer viability has always been at the top of SCO's bucket list and close to its noble heart. My question is, might the timing of all this be connected with the rumored sale of Novell? Not to be cynical, but with SCO, I always assume there will be vultures.

Update: It occurs to me that if you are new, you might wonder about all this. So, for context, here is where you can find the SCO motion to sell the assets, along with a list of what you get, and here is an article on various entities that have reserved rights on this proposed deal, and here's where the hearing on the motion is reported on and where you can also find the judge's order approving the sale, subject to all the possible objections that were mentioned at the hearing.

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

The SCO Group Announces UNIX Asset Sale

LINDON, Utah, Sept. 16 /PRNewswire/ -- The SCO Group, Inc., (Pink Sheets: SCOXQ), www.sco.com, a leading provider of UNIX® software technology, today announced that it is pursuing a sale of substantially all of the assets of its UNIX® business, including certain UNIX system V software products and related services. The asset sale will be free and clear of liens and encumbrances pursuant to Section 363 of the U.S. Bankruptcy Code. Interested parties must submit a bid by close of business, October 5, 2010. For information on the company or the sale, please contact Ocean Park Advisors, LLC, 6033 West Century Blvd., Suite 1290, Los Angeles, CA 90045, Attn: Bruce Comer, Managing Director, (310) 670-2721; Mark Fisler, Managing Director, (310) 670-2704.

"This asset sale is an important step forward in ensuring business continuity for our customers around the world," said Ken Nielsen, chief financial officer, The SCO Group. "Our goal is to ensure continued viability for SCO, its customers, employees and the UNIX technology," said Nielsen.

The purchase price for the UNIX software assets will be determined in connection with the auction sale. Any party wishing to submit an offer for the Software Business Assets must submit a non-contingent offer, marked Asset Purchase Agreement to show any revisions, and evidence of financial wherewithal to close on the transaction on or before October 5, 2010 at 5:00 p.m. (prevailing Eastern Time) to: (i) The SCO Group, Inc., 333 South 520 West, Suite. 170, Lindon, Utah 84042, Attn: Ryan Tibbitts; (ii) Blank Rome LLP, 1201 N. Market Street, Suite 800, Wilmington, DE 19801, Attn: Bonnie Glantz Fatell, Esq.; (iii) Ocean Park Advisors, LLC, 6033 West Century Blvd. Suite 1290, Los Angeles, CA 90045, Attn: Bruce Comer.

About SCO

The SCO Group (SCOXQ.PK) is a leading provider of UNIX software technology. Headquartered in Lindon, Utah, SCO has a worldwide network of resellers and distributors. SCO Global Services provides reliable localized support and services to partners and customers. For more information on SCO products and services, visit www.sco.com. SCO and the associated logos are trademarks or registered trademarks of The SCO Group, Inc. in the U.S. and other countries.

Forward Looking Statements

The statements contained in this press release 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, outcomes and developments of our restructuring plan,outcomes and developments of our Chapter 11 case, court rulings in our bankruptcy proceedings, the impact of the bankruptcy proceedings on our other pending litigation, and our cash balances and available cash. 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, 2008, as amended, and future filings with the SEC. 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.

http://www.sco.com


  


SCO Puts Out a Press Release About Selling UNIX Assets | 161 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Leading Provider of UNIX or Misleading Provider?
Authored by: Anonymous on Thursday, September 16 2010 @ 12:33 PM EDT
Are they still a "leading provider" of UNIX?!? What percentage?

[ Reply to This | # ]

[OT] Off Topic Threads Here
Authored by: jonathon on Thursday, September 16 2010 @ 12:34 PM EDT
OT Wow - I finally got one? ;-)

[ Reply to This | # ]

Newspicks Here
Authored by: jonathon on Thursday, September 16 2010 @ 12:35 PM EDT
Include the newpick header in your comment.

[ Reply to This | # ]

The asset sale will be free and clear of liens and encumbrances?...
Authored by: Anonymous on Thursday, September 16 2010 @ 12:36 PM EDT
"The asset sale will be free and clear of liens and encumbrances pursuant
to Section 363 of the U.S. Bankruptcy Code."

Did I wake up in an alternate universe this morning?

If not, when did all of the law suites instigated by and against SCO get
settled?

[ Reply to This | # ]

Comes comes Here
Authored by: jonathon on Thursday, September 16 2010 @ 12:45 PM EDT
The rest of the Microsoft documents from that court case.

[ Reply to This | # ]

My Offer
Authored by: YurtGuppy on Thursday, September 16 2010 @ 12:50 PM EDT
I offer 15% of the stock in my company (to be started up for just this occasion)
and 95% of the "revenue stream" from current licenses.





---
just swimming round and round

[ Reply to This | # ]

SCO and Novell and Unix
Authored by: rsteinmetz70112 on Thursday, September 16 2010 @ 01:04 PM EDT
I had not thought of it from the perspective of the Novell sale but now that PJ
has mentioned it, if the purchaser of Novell's Linux assets also gets the Unix
copyrights it might make sense for that purchaser to also want the SCO assets.

It certainly makes sense for someone in the Linux business to want the Unix
copyrights, and the servicing of the legacy Unix licensees.

---
Rsteinmetz - IANAL therefore my opinions are illegal.

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

[ Reply to This | # ]

Hey, SEC do you monitor the SCO actions?
Authored by: IMANAL_TOO on Thursday, September 16 2010 @ 01:28 PM EDT
What?!

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, 2008, as amended, and future filings with the SEC.
Unless they own the things they wish to sell, it may not be the only kind of future SEC filings SCO will have to address.

Hey, SEC do you monitor the SCO actions?




---
______
IMANAL


.

[ Reply to This | # ]

  • What, SEC worry? - Authored by: Anonymous on Thursday, September 16 2010 @ 03:44 PM EDT
SCO Puts Out a Press Release About Selling UNIX Assets
Authored by: Anonymous on Thursday, September 16 2010 @ 01:33 PM EDT
It would be interesting to see what UNIX assests SCO thinks
it has to sell. A few manuals perhaps? They sold their
forklift. Their dwindling customer list? Is this part of
their Chapter 11 reorg plan? Sounds like one step closer to
Chapter 7 to me.

[ Reply to This | # ]

SCO Puts Out a Press Release About Selling UNIX Assets
Authored by: Anonymous on Thursday, September 16 2010 @ 01:43 PM EDT
Maybe there hasn't been a whole lot of interest expressed up to this point in
SCO's assets. Perhaps this is intended as a gentle reminder that there really
is going to be an auction. And soon...

[ Reply to This | # ]

Corrections here please
Authored by: tiger99 on Thursday, September 16 2010 @ 01:50 PM EDT
Since they have been missed.

[ Reply to This | # ]

What's the connection
Authored by: Yossarian on Thursday, September 16 2010 @ 02:21 PM EDT
>"My question is, might the timing of all this be connected with the
rumored sale of Novell?"

I feel that the SCO saga is like a soap opera. You miss a
couple of chapters and you can't follow the interconnections
between the characters anymore.

So can somebody please explain to me, slowly, what the sale of
SCO's UNIX business has to do with the sale of Novell?

Thanks

[ Reply to This | # ]

can they do that?
Authored by: mcinsand on Thursday, September 16 2010 @ 02:29 PM EDT
For some reason, I thought that the APA had a provision that Novell had to bless
any sales or transfers. Not that SCOX has ever paid attention to their legal
obligations before, but is this a potential sticking point?

Regards,
mc

[ Reply to This | # ]

SCO Puts Out a Press Release About Selling UNIX Assets
Authored by: Anonymous on Thursday, September 16 2010 @ 04:02 PM EDT
Do you have to supply your own poke?

[ Reply to This | # ]

So .... What do they have left after they sell that?
Authored by: kh on Thursday, September 16 2010 @ 06:00 PM EDT
Any revenue stream? Anything except the ability to touch BS&F to litigate
something they don't actually do themselves anymore?

[ Reply to This | # ]

SCO Puts Out a Press Release About Selling UNIX Assets
Authored by: mashmorgan on Thursday, September 16 2010 @ 08:24 PM EDT
Is it co-incidental that the "article" has "666" words.. now

I'm not supersticious.. nut , the beast.. end times..
and....this is SCO....!?

[ Reply to This | # ]

Why The Obtuse Language?
Authored by: sk43 on Thursday, September 16 2010 @ 09:47 PM EDT
Here is what the Press Release says that SCO is selling:

"... substantially all of the assets of its UNIX(R) business, including
certain UNIX SYSTEM V SOFTWARE PRODUCTS and related services."

Why the obtuse language? What is being sold is the OpenServer/UnixWare
business. If one does a web search for the term "UNIX SYSTEM V SOFTWARE
PRODUCTS", one finds links to one patent and lots of SCO court filings, in
all of which the term refers to "trunk" SVRX source code products, not
"branch" binary derivative works like OpenServer and UnixWare.

Anyone seeking to make a bid on this dodgy set of assets is well-advised to ask
a LOT of questions.

[ Reply to This | # ]

I Know !!! - tSCOg is selling Unix so it can ...
Authored by: dmarker on Friday, September 17 2010 @ 01:09 AM EDT

buy Novell :) :) :) ...

DSM

(lots of smileys intended - needed a laugh today :) )

[ Reply to This | # ]

Is this all about the Arbitration?
Authored by: SpaceLifeForm on Friday, September 17 2010 @ 01:56 AM EDT
Is the breakup of Novell (all controlled by the moles inside), really all about killing the arbitration?

Remember, tSCOG going to bankruptcy delayed the arbitration.

Backlink

Reading the ruling from Judge Gross, I think all of his arguments don't hold much water any longer.

It was all about delay, in order to kill the arbitration.

So, the real question is: Will a breakup of Novell kill the arbitration?

I suspect it could depending upon how it is broken up.

---

You are being MICROattacked, from various angles, in a SOFT manner.

[ Reply to This | # ]

Is this sale rigged?
Authored by: Anonymous on Friday, September 17 2010 @ 05:02 AM EDT
Stop and think about it. I've been involved, from the
technical advice side, in a couple of technology or tech
company acquisitions. I've never seen due diligence proceed
from intent through diligence to !! not-conditional !! APA
in three weeks.

All I take away from this is: they already have a buyer
lined up. This short a time frame might be to try to ensure
that there is no competing bid, meaning that the assets can
go to the desired party at fire sale prices.

OTOH, this is a fire sale....

[ Reply to This | # ]

PJ: How many blogger?
Authored by: Anonymous on Friday, September 17 2010 @ 05:32 AM EDT

PJ,

How many blogger/subscribers are there to Groklaw? Assume a 10 million dollar offer to SCO for their sales item, what would the per reader cost be to buy up and free any SCO intellectual properties (IP)?

Just think of the glee we could get for $10 (little more then a six pack of Bud Light). If there were just a million of us...

Some type of account would be needed at PayPal or Google Checkout. A fee established for the trustee. Say PJ perhaps? Payment a two week trip to Bermuda at a five star hotel, one companion. Online prices seem to be about $6000 plus airfare and food, round up to $10,000 (need to cover her income taxes!). I think that's a penny for every $10.

After the purchase, an online party as we publish all the existing documentation and open source the IP.

I got ten bucks and a penny to end 'any' Unix encumbrances and continue funding SCO's dreams of winning. The read along about IP law and the twist and turns of our legal system has been easily worth $10.01 (I'm seriously under valuing the education).

Question: Would this be a first? Volunteer supported movement to end IP ownership?

What does Visa say: 10 dollars to by a trash company's assets; priceless the open sourcing!

Think of it PJ. There's the whole Google/Oracle lawsuit to cover! It's not a business, but it could have it's benefits; intellectual and suntan worth!

[ Reply to This | # ]

Can I put out a press release about selling other people's assets?
Authored by: Sunny Penguin on Friday, September 17 2010 @ 05:53 AM EDT
For sale; all of Brooklyn and the bridge as a bonus.

---
/FL

[ Reply to This | # ]

I would laugh *so* hard...
Authored by: inode_buddha on Friday, September 17 2010 @ 06:42 AM EDT
I would laugh *so* hard if the "UNIX ASSETS" turned out to be a few
moldy old binary copies and a stack of printed manuals. And then if Cahn would
sell them to Yarro... with a "no sue" clause, just like what he did
with Darl.

---
-inode_buddha

"When we speak of free software,
we are referring to freedom, not price"
-- Richard M. Stallman

[ Reply to This | # ]

Has OpenIndiana devalued the worth of SCO's Unices?
Authored by: eggplant37 on Friday, September 17 2010 @ 08:28 AM EDT
I spent a portion of this morning installing OpenIndiana on a
virtual machine here to take a look at it. I wonder, if there's
this wonderful free Solaris spork, why in the world would anyone
want to use SCO's products, even from the viewpoint of someone
buying the business and servicing the old licenses and contracts?
Seems to me that someone could make a fortune contacting SCO's
customers and migrating them away from this disaster.

[ 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 )