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SCO's recent legal defeat in its Unix case versus Novell as well as its
filing for Chapter 11 bankruptcy protection show a company on the verge
of collapseWith its cash reserves running out and its legal
case against IBM unravelling, The SCO Group now says there is doubt
that it will remain afloat.
CO made the statement in its most recent quarterly U.S. Securities and Exchange Commission statement, filed Tuesday. The company cited its recent motion for Chapter 11 bankruptcy protection as well as a recent court setback relating to its intellectual-property claims as reasons for worry.
"As a result of
both the Court's August 10, 2007 ruling and the Company's entry into
Chapter 11, there is substantial doubt about the Company's ability to
continue as a growing concern," SCO said in the filing.
Last month a judge with the U.S. District Court for the District of Utah ruled against SCO on several motions, finding that Novell, rather than SCO, owned the Unix copyright. Novell had sold SCO some Unix rights in the mid-1990s, but the court said that copyright was never assigned.
"The
effect of these rulings was to significantly reduce or to eliminate
certain of the Company's claims in both the Novell and IBM cases, and
possibly others," SCO said in its SEC filing. Several of the company's
claims against IBM will be dismissed as a result of this ruling, SCO
said in the filing, adding that there are still certain claims that
remain viable, such as SCO's allegation that IBM engaged in unfair
competition in its failed "Project Monterey" effort that was to create
a Unix for 64-bit microprocessors.
The
rulings may also cost SCO a lot of money. The court said that SCO would
have to pay Novell for past licensing deals it had struck with Sun
Microsystems Inc. and Microsoft. This could amount more than $30
million, SCO said in its SEC filing. That's more than the $10.4 million
in cash now held by SCO.
The rest of the 10-Q statement, which covers the quarter ended July 31, is a litany of bad news.
SCO's
total revenue has dropped drastically year-over-year, its Unix business
is down 37 percent, it made nothing from its SCOsource Linux licensing
program, short-sellers may further drive the stock down, and the
bankruptcy proceedings will divert a "significant amount" of senior
management's time away from business operations, the filing said.
SCO did not immediately return calls seeking comment.
The
company's detractors were not so quiet. The filings show that by
declaring bankruptcy, SCO is hoping to stave off paying Novell the
money it owes, said Pamela Jones, editor of the Groklaw.net blog, which
has closely followed SCO's litigation. "They are, to my eyes, saying
they don't want to hand over the Sun and Microsoft 2003 monies because
it would put them out of business," she said.
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