SCOfacts: some information about The SCO Group.
top attractions: Scorecard [ http://scofacts.org/scorecard.html ], Daimler case
file [ http://scofacts.org/daimler.html ]
Compiled by Al Petrofsky. Please send corrections to
Disclosure: I have a short position in SCO's common stock (12,000 shares
as of 2004-07-15). Thus, I have a direct financial interest in decreasing the public
perception of SCO's value, and the prudent reader will scrutinize any information
I provide that is unflattering to SCO. To facilitate this, I attempt to provide,
wherever possible, convenient links to more persuasive documents, e.g., links to
images of signed court filings, or to SEC filings directly from
The "sco" in "scofacts.org" is only used to identify
the subject matter here. Scofacts is not endorsed by the "SCO Group" Delaware corporation,
nor by any of the registered owners of "SCO" trademarks.
I am not a member of
any bar, and I am certainly not your attorney at law. Nothing I write should be
relied upon as legal counsel.
I was licensed by the NASD (CRD# 4169912) and
by several states to advise investors, but I do not currently work in that industry,
I know nothing of your finances, and I do not purport to give investment advice.
I received a B.S. in Electrical Engineering and Computer Science from U.C. Berkeley
in 1995, but I am not a licensed electrician, and I know nothing of your home's
As a Notary Public (commission #1285745), I am a sworn officer of the
State of California, and this is so irrelevant that you should hold it against me
that I seem to be holding this out as some kind of qualification.
On May 14, 2003, Linux vendor Caldera International (which, two days later, changed
its name to "The SCO Group" [ http://edgar.sec.gov/Archives/edgar/data/1102542/000104746903023479/a2114250zex-3_3.htm
]) announced [ http://edgar.sec.gov/Archives/edgar/data/1102542/000110465903010068/j1213_8k.htm
] that it would cease distributing Linux, that it now considered Linux "an unauthorized
derivative of UNIX", and that "legal liability for the use of Linux may extend to
commercial users". Thus began its so-far unsuccessful campaign to collect license
fees from the world's Linux users. Two months earlier, Caldera had sued IBM [ http://sco.tuxrocks.com/Docs/IBM/IBM-1-A.pdf
] for misappropriation of trade secrets, unfair competition, and two contract claims,
seeking at least $1 billion in damages. By Autumn, SCO's market capitalization (the
market value of its stock) had jumped from less than $20 million to over $200 million,
thus capturing the interest of investors as well as Linux users.
There's much more to say, but the current focus of Scofacts is simply to help
people check the current status of the SCO situation, and to find the pertinent
documents and records. My theory is that if you want more narrative about the matter,
then your best source is the judges' rulings in the cases (to the extent any rulings
have been made), and your second-best source is the briefs of the parties to the
cases. You can find those here, plus a few other bits of information I've thrown
in now and then.
For copious analysis and speculation (including occasional contributions from
me), see groklaw.net , the Caldera topic on slashdot.org [ http://slashdot.org/search.pl?topic=88
], and Yahoo's SCOX message board [ http://messages.yahoo.com/?action=q&board=SCOX
] (the search/index features of Yahoo boards are sorely lacking, so see also the
handy Yahoeuvre [ http://yah.warmcat.com ]). Those are all open forums, meaning
that of course 90% of what you'll find there is absolute rubbish, but there's a
lot of good information to be found in the other 10%.
The Scorecard [ http://scofacts.org/scorecard.html ] attempts to somewhat concisely
track the status of all the claims in the SCOsource-related suits by and against
SCO. It also attempts to provide convenient links to the most pertinent documents.
- Trolltech and Ralph Yarro [ http://scofacts.org/trolltech.html ]: some email
about the relationship between Trolltech and SCO Chairman Ralph Yarro.
- SCOX short interest [ http://scofacts.org/short-interest.html ]: table of
the monthly short interest in, and approximate market cap. of, SCO's common
stock, since June 2002.
- Other sites (see also those mentioned in the Introduction above):
- Frank Sorenson's sco.tuxrocks.com [ http://sco.tuxrocks.com ] has the
most comprehensive collection of SCO-related legal filings.
- Dion Cornett is the sole Wall Street analyst covering SCO's stock. He
often discusses SCO developments in his free weekly newsletter Open Source
Wall Street [ http://opensourcewallstreet.com/phpBB2 ].
SCO vs. DaimlerChrysler [ http://scofacts.org/daimler.html ] (tuxrocks page
[ http://sco.tuxrocks.com/?Case=DaimlerChrysler ])
Here [ http://scofacts.org/daimler.html ] is a nearly complete archive of filings
in the Daimler case.
For the other SCO cases, I only place items here when I happen to come across
them before sco.tuxrocks.com [ http://sco.tuxrocks.com ] does. See the tuxrocks
pages for complete listings.
SCO vs. AutoZone (tuxrocks page [ http://sco.tuxrocks.com/?Case=AutoZone ])
- pdf [ http://www2.scofacts.org/~pete/scofacts/autozone-29.pdf ] 29: Minutes
of July 12 hearing
Audio: mp3 [ http://scofacts.org/AZ-2004-07-12.mp3 ]
ftr [ http://scofacts.org/ftr-2004-07-12 ]
Legitimacy [ http://scofacts.org/recording.html
]: discussion and a letter from the clerk of the court confirming the permissibility
of disseminating this recording.
(FTR is the proprietary format in which the District of Nevada provides audio
recordings. If you want to use it, copy all the wav files to a directory on
a Windows box, get the player software from ForTheRecord.com, assent to the
obnoxious license agreement, start the player, and open the directory (the player
will transparently combine the files for you).)
SCO vs. IBM (tuxrocks page [ http://sco.tuxrocks.com/?Case=IBM ])
- pdf [ http://app.members.sonic.net/scofacts/IBM-209.pdf ] 7/27/04 209 Notice
of Hearing filed by defendant Intl Bus Mach Inc : Motion hearing set for 2:00
9/15/04 for [144-1] amended motion to Dismiss, set for 2:00 9/15/04 for [144-2]
amended motion or to Stay Count Ten of Counterclaim-Pla Ibm's Second Amended
Counterclaims Against SCO,, set for 2:00 9/15/04 for [152-1] cross motion for
partial summary judgment on claim for declaratory judgment of non-infringement
To be held before Judge Dale A. Kimball cc:atty ( Ntc generated by: Atty) (blk)
[Entry date 07/28/04]
- 7/30/04 210 Certificate of service by Intl Bus Mach Inc re: Dft's Fifth
Set of Interrogatories (tsh) [Entry date 08/02/04]
- 8/4/04 211 Magistrate Notice of Hearing Motion hearing set for 10:00 9/2/04
for [190-1] motion to compel discovery To be held before Judge Wells cc:atty
( Ntc generated by: JD) (blk) [Entry date 08/04/04]
- pdf [ http://app.members.sonic.net/scofacts/IBM-212.pdf ] html [ http://app.members.sonic.net/scofacts/IBM-212.html
] 8/4/04 212 Motion by Intl Bus Mach Inc to strike the 7/12/04 Declaration of
Christopher Sontag (blk) [Entry date 08/05/04]
- pdf [ http://app.members.sonic.net/scofacts/IBM-213.pdf ] html [ http://app.members.sonic.net/scofacts/IBM-213.html
] 8/4/04 213 Memorandum by Intl Bus Mach Inc in support of [212-1] motion to
strike the 7/12/04 Declaration of Christopher Sontag (blk) [Entry date 08/05/04]
- 8/4/04 214 Declaration of Joan Thomas Re: [212-1] motion to strike the 7/12/04
Declaration of Christopher Sontag (blk) [Entry date 08/05/04]
- pdf [ http://app.members.sonic.net/scofacts/IBM-215.pdf ] 8/4/04 215 Motion
by Intl Bus Mach Inc for leave to file overlength opposition memorandum to SCO's
renewed Motion to Compel (blk) [Entry date 08/05/04]
- pdf [ http://app.members.sonic.net/scofacts/IBM-217.pdf ] html [ http://app.members.sonic.net/scofacts/IBM-217.html
] 8/4/04 217 Memorandum by Intl Bus Mach Inc in opposition to [190-1] motion
to compel discovery (blk) [Entry date 08/05/04]
- 8/4/04 218 Certificate of service re: discovery by Intl Bus Mach Inc (blk)
[Entry date 08/05/04]
- 8/4/04 219 Declaration of Amy F. Sorenson Re: [217-1] opposition memorandum
(blk) [Entry date 08/05/04]
- 8/4/04 220 SEALED DOCUMENT by IBM entitled: Echibits to Declaration of Amy
F. Sorenson [219-1] (blk) [Entry date 08/05/04]
- pdf [ http://app.members.sonic.net/scofacts/IBM-216.pdf ] 8/5/04 216 Order
granting [215-1] motion for leave to file overlength opposition memorandum to
SCO's renewed Motion to Compel [Entry date 08/05/04]
Red Hat vs. SCO (tuxrocks page [ http://sco.tuxrocks.com/?Case=RH ])
- tiff [ http://www3.scofacts.org/~alpetrof/scofacts/RH-9.tiff ] pdf [ http://www3.scofacts.org/~alpetrof/scofacts/RH-9.pdf
] 9 2003-09-15 SCO's Opening Brief in Support of its Motion to Dismiss.
- tiff [ http://www3.scofacts.org/~alpetrof/scofacts/RH-39.tiff ] pdf [ http://www3.scofacts.org/~alpetrof/scofacts/RH-39.pdf
] text [ http://www3.scofacts.org/~alpetrof/scofacts/RH-39.txt ] 39 2004-05-04
SCO's Opposition to Red Hat's Motion for Reconsideration.
MarchFirst bankruptcy proceedings in the U.S. Bankruptcy Court, Northern District
Lead docket is 2001-BK-24742. Here's a docket sheet (2004-06-01) [ http://www3.scofacts.org/~alpetrof/scofacts/marchfirst-docket.htm
] listing all the filings in the case.
Bert Young was hired as SCO's CFO on 2004-04-20 [ http://ir.sco.com/ReleaseDetail.cfm?ReleaseID=133278
]. He served as marchFirst's CFO from its eponymous inception date, 2000-03-01,
Andrew Maxwell is the court-appointed trustee of marchFirst's bankruptcy estate.
He has filed, on behalf of marchFirst's creditors, two currently ongoing suits that
name Bert Young as a defendant. Trial dates have not yet been set for these cases.
Andrew J. Maxwell vs. Bert B. Young et al. 2002-AP-00194 docket sheet (2004-06-01)
[ http://www3.scofacts.org/~alpetrof/scofacts/maxwell-vs-young-02-docket.htm ]
- Complaint [ http://www3.scofacts.org/~alpetrof/scofacts/maxwell-vs-young-02-complaint.pdf
], filed February 26, 2002.
- Defendant Bert Young's Answer to Complaint [ http://www3.scofacts.org/~alpetrof/scofacts/maxwell-vs-young-02-answer.pdf
], filed March 31, 2003.
Andrew J. Maxwell vs. Bert B. Young et al. 2003-AP-01412 docket sheet (2004-06-01)
[ http://www3.scofacts.org/~alpetrof/scofacts/maxwell-vs-young-03-docket.htm ]
- Complaint to Avoid Fraudulent Transfers and for Declaratory Judgment [ http://www3.scofacts.org/~alpetrof/scofacts/maxwell-vs-young-03-complaint.pdf
], filed April 11, 2003.
- Answer to Complaint to Avoid Fraudulent Transfers and for Declaratory Judgment
], filed June 12, 2003.
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