CyberTech Rambler

August 11, 2009

SCO in Chapter 11 Trustee hand. No surprise here

Filed under: Uncategorized — ctrambler @ 4:25 pm

Groklaw carries the news that SCO is to be placed in a Chapter 11 Trustee hand. I do not think anyone, PJ _and_ SCO included,  is surprised by the decision.

We know SCO is hemorrhaging money and no one is coming forward to rescue it. The best deals it can gets appear to be from vultures aiming at tearing the company apart. One cannot say it did not try. One cannot say Darl McBride did not try his best as he put forward some of his own money. The effort is quite simply not good enough unfortunately.

I think IBM and Novell will be pleased. Yes, they asked for Chapter 7 Trustee. Realistically, I think they know the best they can get is Chapter 11. SCO has been spinning the “possible” beneficial effect if it wins the lawsuit. While you and I know it is not possible, the judge probably don’t and don’t care. I mean don’t care in the kindest possible way to the judge. His has the duty to try to keep the company running if possible. He has to be fair to everyone, SCO included. Chapter 11 bankruptcy as I see it is about trying to preserve the business, so the judge has to err on the side of caution. He has to evaluate SCO’s claim of the non-existing, impossible and improbable win. He did the right thing by asking a trustee to do it on his behalf. The trustee has more time than him to evaluate ths lawsuit.

It appears that the trustee has the power to terminate the lawsuit, should he choose to. My bet is he will. That is good for Linux. Although I would had preferred the court to rule on it. For the sake of effort and money, its better for IBM and Novell if the trustee pull the plug. They already fought a brilliant war and it is already shown that SCO’s claim is groundless. That is good enough to call it a day.

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