Vacation from SCO v. The World


March 30, 2009

Hello, friends.

My apologies to those concerned about my absence. I had to take a little vacation from all things SCO, and I still greatly miss Ed Almos. It was not until a few weeks ago that I looked at Groklaw again, a few times.

I was sick of SCO. In no small part, this was due to my own embarrassment at the performance of our legal system.

In short, it sucks.

The SCO story is like a day-time television soap opera. Miss an installment, and you hardly notice any difference in the story line. Miss several consecutive installments, and it may take you a whole installment to catch up.

I see that Al Petrofsky objected to the most recent SCO request for an extension to exclusively file a proposed plan.

The Bankruptcy judge denied SCO's request, due to Al's objection.

My last post was sometime back in last July. In the intervening ten months, this denial of SCO's request is the only substantive thing that has happened.

I have missed nothing. It makes my stomach churn.

In the distant past, I mentioned making a book out of my many posts around this story.

Initially, I hoped that I could write it with PJ. I felt that her viewpoint as a layman, and mine, as an experienced trial attorney, would make fascinating reading. The contrasts alone would attract readers. Also, we could edit each other's work, so that the whole would be both legally and factually correct, and consistent.

Those who remember, know that PJ was non-plussed by the idea. She got very unhappy about it before I could even bring up the part about writing it with her, and by that time, it was too late. My approach in broaching the subject was the wrong way to do it, but I doubt that any other tactic would have fared any better.

I have started beating this thing into shape, but now I have no one with experience to edit my faux pas.

Anyone that would be willing to read and criticize would be appreciated. Don't be afraid that you don't have enough degrees, or professional licenses. ALL the denizens of this board have a very clear idea about the process and the situation. If you cannot understand what I am saying, then certainly, no one else will, either.

You will need to be able to keep down the ad hominem attacks and furious outbursts. I already know that I am an overbearing, arrogant, obnoxious, know-it-all jerk, and there is no need to repeat it ad infinitum. That is sort of a prerequisite to becoming a trial lawyer.

This will be my work, and not that of my editors. I will not be including their sentences in the book.

The only reward will be my appreciation and a grateful acknowledgment in the text for the editing effort.

If this sounds interesting to you, please contact me through a message to me and not a post on the board. I don't want to completely clutter up the board with what is really just my own business.

11:22:57 PM

Re: Vacation from SCO v. The World

El Corton

March 31, 2009

I was sick of SCO. In no small part, this was due to my own embarrassment at the performance of our legal system.

The bankruptcy process has proved to be something of an embarrassment. I've been surprised that the DIP management has been allowed to waste several million dollars of the estate's money, most of it in professional fees, on abortive reorganization attempts, without ever having to make a showing that those attempts had any real foundation or were even made in good faith. It's worthy of Bleak House. The U.S. Trustee's office was making noises early on about seeking the appointment of a fiduciary, but nothing came of it, and the Trustee seemed to have lost interest in the case. Now McMahon comes out of nowhere to object to an oral extension motion, not having objected to the previous written ones, and again there's talk of a fiduciary and conversion to Chapter 7. Where has he been? Meanwhile SCO has been consistently allowed to file its MOR's a month or more late.

As for your book, if a commercial publisher picks it up, you'll have a professional editor who will be a lot more qualified than any reader of this board. I suspect, though, that the book would be more marketable as business journalism than as legal journalism, and for that you'll need interview material. The best piece of writing about SCO that has been published so far is the Wired article from a couple of years ago, which had interviews with Darl and Anderer, among others. See also The Iron Triangle, a book about Norris and Carlyle that I quoted from here a few months ago.

I don't want to completely clutter up the board with what is really just my own business.

Why not? Almost everybody else does.

1:34:44 AM

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