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  


Art Alexion
Sent unsigned from iPod

On Aug 30, 2009, at 3:45 PM, Art Clemons <> 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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