SCO Update

SCO ended August with a flurry of news.  It will depend on your point of view (bias?) whether you think that news might have been good or bad for SCO and, therefore, for the Open Source community.

  • SCO re-negotiated its contract with its prestigious law firm, Boies, Schiller & Flexner, capping its legal expenses (as best we can track the answers through the fog) at $31 million over fees already paid plus an increase in the promised contingency fee from 20% to as much as 33%. 

You could read this lot of ways:  SCO is getting worried about having enough money to survive through to the trial.  Boies is so confident about the outcome that he’s perfectly willing to trade off some money in the present and near future for more money eventually. 

  • SCO has passed a “poison pill” to prevent the company being taken over at its current very low valuation.  SCO apparently thinks (some guessing here) that IBM might try to buy them out at distress sale prices.  That, of course, is always an option, but we suspect that if IBM wanted to buy out SCO they would have done so already.   

  • A number of prominent IP attorneys have expressed public opinions that the SCO case looks less and less winnable.  This no doubt heartens IBM, Novell, et al but it doesn’t seem to keep SCO from thinking that they will prevail.

A number of court dates are on the calendar soon and we’ll start to see whose version of the facts – IBM’s or SCO’s – the judge is leaning toward.

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