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SCO Second Quarter Results/Conference Call Today 5:00 pm Eastern
Thursday, June 08 2006 @ 01:17 PM EDT

Just a reminder that today is the SCO conference call regarding second quarter results at 5:00 pm Eastern. Audio link.

If anybody does attend, here are my questions, which I came up with after discussing the latest SEC filings with Groklaw reader, David Sherman, who is an accountant and has been trying to help me to understand.

Even after putting our heads together, we still have the following questions that I would ask if I thought they'd ever call on me:

1. Restricted Cash and Payable to Novell, Inc.: This is a question that Sherman raised. SCO shows that they owe the money to Novell but does not indicate when it will be paid. The auditors, Tanner, haven't made a note of this. Some of the Novell payable is over a year old, so is it proper for it to be included in current liabilities? Does SCO intend to pay Novell? When? Would failure to disclose when Novell will be paid violate the following:

In accordance with Accounting Principles Board (APB) Opinion 22, management is required to describe all significant accounting policies of the reporting entity that were used in preparing their financial statements, including policies on the recognition of revenues and expenses and on the valuation principles applied to various classes of assets and liabilities. Management is not required to perform an evaluation of the entity’s ability to continue for the foreseeable future, nor is it required to state that the financial statements were prepared under the assumption that the company will continue in business. Under current GAAP and GAAS, these initial evaluations and the need for disclosure are determined by the auditors, not by management.

2. Sherman noticed that Tanner doesn't seem to address the "going concern" of SCO. Cf: here and here. When you look at the Net income and a category of Stockholders Equity, and notice how much those two accounts have decreased, one has to ask: is SCO a profitable company? Is it a going concern? Isn't the auditor supposed to address this?

3. Have any law firms working for or with SCO been compensated with stock since 2002? If so, which firm or firms?

We have the second quarter results now. Despite continuing to bleed money, SCO remains committed to its business strategy:

"Despite our revenue decline and net loss, we remain committed to and optimistic about our business strategy," said Darl McBride, president and CEO of The SCO Group.

Is that rational? They have had to "replenish" the escrow account for experts:

On June 5, 2006, the Company agreed to replenish the $5,000,000 escrow account to cover future expert, consulting and other expenses as was anticipated when the escrow account was established.

They don't say by how much they replenished. I guess we have to do the math ourselves. But I'm thinking probably they have to hire experts for the Novell litigation, if they can find anyone willing to stand up for them.

Update: I just noticed on the page with the audio link to the teleconference that SCO describes itself like this:

About The SCO Group, Inc. (NasdaqSC:SCOX)

The SCO Group, Inc. provides UNIX-based products and services. Its products include OpenServer and UnixWare. The company’s OpenServer supports multiuser, transaction and business applications, communications gateways, and mail and messaging servers in both host and client/server environments. Its UnixWare is a deployment platform for industry standard Intel processor systems. The company’s other services include software development and programming, migration tools and services, and assisting customers with modernizing and integrating legacy applications with Web services. It assists end-user customers and solution providers in planning, creating, implementing, and deploying business application solutions. The SCO Group sells its UNIX software products to small-to-medium sized businesses and franchisees or branch offices of Fortune 1000 businesses; and original equipment manufacturers. The company’s products are sold through distributors and independent solution providers. The SCO Group was co-founded by Doug Michels and Larry Michels in 1979. It was formerly known as Caldera International, Inc. and changed its name to The SCO Group, Inc. in 2003. The company is headquartered in Lindon, Utah.

That's just blatantly false. So, what else is new? Here is the complete SCO press release, with a table at the end that we have done for you as an aid, because they had all the numbers jumbled into one long sentence, so to speak, and it was hard to read:

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

The SCO Group Announces Second Quarter Fiscal 2006 Results

LINDON, Utah, June 8 /PRNewswire-FirstCall/ -- The SCO Group, Inc., a leading provider of UNIX(R) software technology for distributed, embedded and network-based systems, today reported results for its fiscal second quarter ended April 30, 2006.

Revenue for the second quarter of fiscal year 2006 was $7,126,000 as compared to $9,258,000 for the comparable quarter of the prior year. The net loss for the second quarter of fiscal year 2006 was $(4,694,000), or $(0.22) per diluted common share, as compared to a net loss of $(1,962,000), or $(0.11) per diluted common share, for the comparable quarter of the prior year. Included in the net loss for the second quarter of fiscal year 2006 was $432,000 of stock-based compensation expense, which represented the fair value of equity awards issued by the Company to employees as required by SFAS No. 123(R). Included in the net loss for the second quarter of fiscal year 2005 was $7,000 of stock-based compensation expense. The increase in the net loss was attributable to continued competitive pressures on the Company's UNIX products and services which adversely impacted revenue and from legal expenses incurred in connection with the Company's litigation with IBM.

"Despite our revenue decline and net loss, we remain committed to and optimistic about our business strategy," said Darl McBride, president and CEO of The SCO Group. "We are encouraged by the progress we are making in the development and deployment of our EdgeClick mobile development platform and Me Inc. mobile services. Unlocking the value of our core UNIX business will be difficult until we resolve the issues raised by our intellectual property litigation."

Revenue for the six months ended April 30, 2006 was $14,469,000 as compared to $18,123,000 for the six months ended April 30, 2005. The net loss for the six months ended April 30, 2006 was $(9,275,000), or $(0.45) per diluted common share, as compared to a net loss of $(4,923,000), or $(0.28) per diluted common share, for the six months ended April 30, 2005.

Cash and cash equivalents and available-for-sale marketable securities were $18,624,000 as of April 30, 2006.

The Company's Business

During the second quarter of fiscal year 2006, the Company introduced a number of new products to the market from both its UNIX and mobile businesses. The Company completed its work with MySQL AB to certify the commercial version of the popular MySQL 5 database platform on SCO OpenServer 6. The Company also began shipping an Online Data Manager and Mirroring product for SCO OpenServer 6. In addition, the Company provided updated maintenance packs for SCO OpenServer 6, UnixWare 7.1.4 and SCOoffice 4.1.

The Company introduced its EdgeClick mobile development platform as well as Me Inc. mobile services during the second quarter of fiscal year 2006. This entry into the mobile services market has required a multi-year development effort using Web services and other development tools. The result has been the introduction of the Company's EdgeClick mobile development platform that allows SCO solution partners to create and customize mobile services for their customers. The EdgeBuilder SDK which will provide the tools necessary for developers to mobilize existing applications and develop new mobile applications is expected to be released during the third quarter of fiscal year 2006.

In addition to creating the EdgeClick mobile development platform, the Company has introduced new mobile services of its own known as Me Inc. mobile services. Me Inc. mobile services allow users to communicate and collaborate using Me Inc. Shout and Vote services. The Company plans to introduce additional Me Inc. mobile services throughout the year on a variety of smart handheld devices. These services can also be extended to PC users. These new Me Inc. services have begun generating monthly recurring revenue.

The Company plans to show these and many other mobile services at various corporate events throughout the year and its SCO Forum 2006 annual conference taking place August 6-9 in Las Vegas.

Litigation Update

Legal and other expenses incurred in connection with the Company's litigation with IBM were $3,762,000 for the second quarter of fiscal year 2006. Because of the unique and unpredictable nature of this litigation, the occurrence and timing of certain expenses is difficult to predict, and will be difficult to predict for the upcoming quarters.

On June 5, 2006, the Company agreed to replenish the $5,000,000 escrow account to cover future expert, consulting and other expenses as was anticipated when the escrow account was established.

Conference Call

As previously announced, The SCO Group will host a conference call at 5:00 p.m. EDT today, June 8, 2006, to discuss the fiscal second quarter results. To participate in the teleconference, please call toll free 1-800- 210-9006 or use the toll number 1-719-457-2621; confirmation code: 9624972, approximately five minutes prior to the time stated above. A listen-only Web cast 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) the Company's commitment to its business strategy, (ii) the anticipated release of EdgeBuilder SDK, and its benefit to developers, (iii) the introduction of additional Me Inc. mobile services, (iv) the monthly revenue attributable to Me Inc. services, and (v) the Company's plan to show its services at various events throughout the year, 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 our operating system products which could impact the Company's results of operations, increased or unforeseen legal costs related to our litigation, and the inability to devote sufficient resources to the development and marketing of Me Inc. or other UNIX products. 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, 2005, and its subsequent Form 10-Q. These forward-looking statements speak only as of the date on which such statements are made, and The SCO Group undertakes no obligation to update such statements to reflect events or circumstances arising after such date.

About The SCO Group

The SCO Group is a leading provider of UNIX software technology for distributed, embedded and network-based systems, offering SCO OpenServer for small to medium business, UnixWare for enterprise applications, and Me Inc. and EdgeClick 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., EdgeClick, 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.

Condensed Consolidated Balance Sheets Data (unaudited, in thousands) April 30, October 31, 2006 2005 Assets: Cash and cash equivalents $9,524 $4,272 Restricted cash 3,340 5,690 Available-for-sale marketable securities 9,100 6,165 Accounts receivable, net 5,109 6,343 Other 1,728 2,454 Total current assets 28,801 24,924 Property and equipment, net 575 578 Intangibles, net 1,353 2,707 Other 732 739 Total assets $31,461 $28,948 Liabilities: Accounts payable $3,669 $2,197 Accrued payroll and other expenses 5,280 5,774 Deferred revenue 3,383 3,841 Other 4,776 4,443 Total current liabilities 17,108 16,255 Long-term liabilities 265 338 Common stock subject to rescission -- 1,018 Stockholders' equity 14,088 11,337 Total liabilities and stockholders' equity $31,461 $28,948 Condensed Consolidated Statements of Operations Data (unaudited, in thousands, except per share data) Three Months Ended Six Months Ended April 30, April 30, 2006 2005 2006 2005 Products revenue $5,703 $7,838 $11,703 $15,142 SCOsource licensing revenue 34 30 64 100 Services revenue 1,389 1,390 2,702 2,881 Total revenue 7,126 9,258 14,469 18,123 Cost of products revenue 497 563 1,081 1,207 Cost of SCOsource licensing revenue 3,762 2,889 7,772 6,382 Cost of services revenue 709 746 1,346 1,495 Total cost of revenue 4,968 4,198 10,199 9,08 Gross margin 2,158 5,060 4,270 9,039 Operating expenses: Sales and marketing 2,857 2,970 5,545 5,914 Research and development 1,886 2,117 3,757 4,205 General and administrative 1,718 2,036 3,310 3,799 Amortization of intangibles 593 593 1,185 1,186 Total operating expenses 7,054 7,716 13,797 15,104 Loss from operations (4,896) (2,656) (9,527) (6,065) Equity in income (loss) of affiliate -- 17 (8) 70 Other income, net 316 800 461 1,309 Loss before provision for income taxes (4,580) (1,839) (9,074) (4,686) Provision for income taxes (114) (123) (201) (237) Net loss $(4,694) $(1,962) $(9,275) $(4,923) Basic and diluted net loss per common share $(0.22) $(0.11) $(0.45) $(0.28) Weighted average basic and diluted common shares outstanding 20,994 17,913 20,520 17,831

The SCO Group



Here's Groklaw's table of the above. If you see any errors, please let me know.

Condensed Consolidated Balance Sheets Data (unaudited, in thousands) April 30, October 31,20062005
Assets:
Cash and cash equivalents$9,524$4,272
Restricted cash3,3405,690
Available-for-sale marketable securities9,1006,165
Accounts receivable, net5,1096,343
Other1,7282,454
Total current assets28,80124,924
Property and equipment, net575578
Intangibles, net1,3532,707
Other732739
Total assets$31,461$28,948
Liabilities:
Accounts payable$3,669$2,197
Accrued payroll and other expenses5,2805,774
Deferred revenue3,3833,841
Other4,7764,443
Total current liabilities17,10816,255
Long-term liabilities265338
Common stock subject to rescission--1,018
Stockholders' equity14,08811,337
Total liabilities and stockholders' equity$31,461$28,948

Condensed Consolidated Statements of Operations Data (unaudited, in thousands, except per share data)

Three Months Ended Six Months Ended April 30, April 30,2006200520062005
Products revenue$5,703$7,838$11,703$15,142
SCOsource licensing revenue343064100
Services revenue1,3891,3902,7022,881
Total revenue7,1269,25814,46918,123
Cost of products revenue4975631,0811,207
Cost of SCOsource licensing revenue3,7622,8897,7726,382
Cost of services revenue7097461,3461,495
Total cost of revenue4,9684,19810,1999,084
Gross margin2,1585,0604,2709,039
Operating expenses:
Sales and marketing2,8572,9705,5455,914
Research and development1,8862,1173,7574,205
General and administrative1,7182,0363,3103,799
Amortization of intangibles5935931,1851,186
Total operating expenses7,0547,71613,79715,104
Loss from operations(4,896)(2,656)(9,527)(6,065)
Equity in income (loss) of affiliate--17(8)70
Other income, net3168004611,309
Loss before provision for income taxes(4,580)(1,839)(9,074)(4,686)
Provision for income taxes(114)(123)(201)(237)
Net loss$(4,694)$(1,962)$(9,275)$(4,923)
Basic and diluted net loss per common share$(0.22)$(0.11)$(0.45)$(0.28)
Weighted average basic and diluted common shares outstanding20,99417,91320,52017,831

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