SCO Group CEO Darl McBride says sales of Unix-based
products have been declining over the past several years, mainly
because of Linux.
SCO Group CEO Darl McBride says competition from the open source Linux
operating system was a major reason why the company was forced to file
for Chapter 11 bankruptcy protection on Friday.
In a court filing in support of SCO's bankruptcy petition,
McBride noted that SCO's sales of Unix-based products "have been
declining over the past several years."
The slump, McBride said, "has been primarily attributable to
significant competition from alternative operating systems, including
Linux." McBride listed IBM, Red Hat, Microsoft, and Sun Microsystems as
distributors of Linux or other software that is "aggressively taking
market share away from Unix."
SCO claims it owns all copyrights over Unix and that Linux infringes on
those copyrights. In what were widely seen as bet-the-company moves,
SCO, beginning in 2003, launched a series of lawsuits against rivals
and customers claiming their use of Linux was violating the copyrights.
The campaign was dealt a crushing blow on Aug. 10 when federal court Judge Dale Kimball ruled that Novell, and not SCO, owns the copyrights to Unix.
As a result, Kimball said that SCO must remit to Novell a portion of
the fees it has collected from selling Unix licenses -- mostly to Sun
and Microsoft. That could amount to as much as $25 million. The total
is to be decided at a trial that's set to start today. The case is
scheduled to proceed as a bench trial, meaning that Kimball -- not a
jury -- will decide the outcome.
As of April 2007, the latest date for which financial numbers
were available, SCO had just $7.8 million in cash or equivalents and
total assets of only $20 million, SEC records show. That's not enough
to cover the penalties SCO may be forced to pay Novell.
In a statement issued Friday,
SCO said its board of directors "unanimously determined that Chapter 11
reorganization is in the best long-term interest of SCO and its
subsidiaries, as well as its customers, shareholders and employees."
SCO has also filed a petition for reorganization in addition to
the Chapter 11 filing. SCO said the filings will help ensure that it
"will not have any interruption in maintaining and honoring all of its
commitments to its customers" and will allow it to pay its vendors.
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