Art Alexion on 31 Aug 2009 03:26:46 -0700


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Re: [PLUG] SCO Group is back in the news


Unfortunately for all involved, if the trustee considers the case  
worth pursuing, on behalf of creditors, it will proceed in bankruptcy  
court.

--

Art Alexion
Sent unsigned from iPod

On Aug 30, 2009, at 3:45 PM, Art Clemons <artclemons@aol.com> wrote:

>> Yeah, it basically said that SCO's suit was not frivolous enough to  
>> dismiss it
>> without a trial.  And the fact that the Novell royalties were  
>> upheld means
>> that SCO will be forced into liquidation (vs. reorganization).
>
>
> Actually what is worse for SCO is that Novell's claim on royalties  
> seems
> to put it into the position of a secured creditor.  Novell has a good
> argument that SCO has dissipated assets that Novell has/had  a valid
> claim on.
>
> Either way, it would appear that Novell also has a valid argument  
> about
> contract breach at trial, something the 10th Circuit doesn't seem to
> consider.  So no summary but SCO is about to die as a corporate entity
> no matter the findings at trial, assuming it gets to trial.
> ___________________________________________________________________________
 

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