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Ocean Park's Bill for January in the SCO Bankruptcy
Tuesday, March 15 2011 @ 06:54 PM EDT

It's their 16th bill for advising SCO's Chapter 11 Trustee, Edward Cahn, in the SCO bankruptcy. And, I think we can agree, they've done quite a job on SCO.

Here are all the filings:

03/10/2011 - 1254 - Monthly Application for Compensation of Ocean Park Advisors, LLC (Sixteenth) for the period January 1, 2011 to January 31, 2011 Filed by Edward N. Cahn, Chapter 11 Trustee for The SCO Group, Inc., et al.. Objections due by 3/30/2011. (Attachments: # 1 Notice # 2 Exhibit A # 3 Exhibit B # 4 Certificate of Service) (Tarr, Stanley) (Entered: 03/10/2011)

This bill is for a mere $29,960, but then SCO is now insolvent, and we can certainly credit all the bankruptcy bills from professional advisors for utterly depleting the estate down to almost the last penny. Hence the creditors get essentially nothing, and SCO goes into oblivion, barring a resurrection by the appeals court.

If you look at the breakdown of the bills in Exhibit B, you'll see most of the 83 hours Ocean Park spent on this client were spent in analyzing, preparing, and executing the "restructuring plan". I kid you not. 37.3 hours were spent on that. They could have spent more, theoretically, but they've restructured SCO into oblivion. So I expect that may be the next to last time they can use that category.

Next most active category? Meetings with SCO's lawyers and Cahn. I can just imagine. What to do? What to do? What to do? Oh. Good Golly. Lookee here. No more money. Let's sell off the assets! Great idea. To whom? The pod of sharks that have been swimming round and round the body since 2007? Why not? -- But Novell and the other creditors won't get paid, they hear us say? The newly created company has no experience with Unix or software vendoring? Microsoft has an employee on the advisory board?

What did you expect, bub? Hahahahaha.

I mean, if SCO wanted to pay Novell its money, they would have done that back in September of 2007, when it entered bankruptcy with $6 million and change. That's not how one does The Hustle, ladies and gentlemen. This lawsuit, I think we may safely conclude, was never about what SCO said it was about. It was about placing a cloud of FUD over Linux so it wouldn't do well in the marketplace and if it did, SCO would skim off the top.

And then, what do you know? Life is so funny. Along came Android, which became an overnight sensation. So the dark side is shifting the main tent from servers to mobiles. That is what I see in the Nokia deal with Microsoft, which seems to be about trying to kill off or at least severely impact MeeGo and KDE negatively and getting a combined patent arsenal to try to force Windows Phone 7 down your unwilling, Android and iPhone-loving throats. Alternatively, if you just must use Android, kindly pay royalties for patents to their owners. Either way, Microsoft seems to benefit and Linux gets hobbled. SCO's dream is thus fulfilled, but just in a new category.

If the sale of Novell to Attachmate and CPTN goes through, there could be two tents going on simultaneously, of course, as is usual in any circus, which this is, and if the appeals court does SCO's bidding again, conceivably three. Who benefits from all this? Aside from Microsoft, I mean. The public fell in love with Linux. They love their Androids. And that is upsetting to those who hoped you'd believe all the FUD.

This saga is far from over. The FUD about Android and patents is thick in the air like toxic fumes. Ocean Park and the Chapter 11 Trustee have played their part now, so I'm guessing we'll be saying adieu soon.

But so have OSI and FSF, by bringing the issue of the sale of patents to CPTN, the Microsoft-organized entity, to the attention of regulators in the US and Germany. That has postponed the sale into April, at the earliest.

The real question is, though, is what will Novell do next? Will they appeal the bankruptcy judge's ruling allowing this sale of assets?


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