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Text transcript, video, and August orders still available at scofacts.org | 225 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Gray on white
Authored by: snorpus on Sunday, September 05 2004 @ 12:32 PM EDT
Unfortunately, rand, it's just as hard on my eyes.

If there's a need for a different color for blockquotes, why not dark blue or maroon?

---
73/88 de KQ3T ---
Montani Semper Liberi

[ Reply to This | Parent | # ]

  • Gray on white - Authored by: Anonymous on Sunday, September 05 2004 @ 03:16 PM EDT
OT stuff and links here, please
Authored by: PJ on Sunday, September 05 2004 @ 12:44 PM EDT
sorry. I changed it to blue. I really need some way to show a long quotation
in a way that you know when it stops and starts, and blue seems to make it
stand out too much, so I tried grey. I was hoping it would work, because I
like restful colors. Oh well.

[ Reply to This | Parent | # ]

OT stuff and links here, please
Authored by: Anonymous on Sunday, September 05 2004 @ 12:54 PM EDT
Maroon usually makes a nice highlight. I think PJ has a really good idea to
improve the presentation. I think a few iterations of colors will produce a
markedly superior reading experience.

[ Reply to This | Parent | # ]

OT Question re SCOX financials
Authored by: Anonymous on Sunday, September 05 2004 @ 05:01 PM EDT
The company's "cash" position includes various "liquid"
assests? These would also include the few million shares that they "bought
back" over the past quarters. But the value of these "liquid
shares" is based on the current stock price yes? So the 12M (?) left in the
company after other legal expenses (perhaps not right, I find the sum total
quite confusing) and such will actually drop precipitously if/when SCOX share
price goes down? If SCOX goes from $3.70 to $2.70, didn't that just carve like
15-20% out of the remaining assets of the company? A clearer financial picture
in laymans terms would be worth much more than a thousand words..

[ Reply to This | Parent | # ]

OT stuff and links here, please
Authored by: Anonymous on Sunday, September 05 2004 @ 06:09 PM EDT
TSG has claimed as one of the Copy rights they (TSG) own
is TX-5 750-268. A copyright search for TX-5 750-268 comes
up with the following:
*****************************************************
TX-5-750-268 (COHM)
Title: UNIX system V release 3.2/386.
Description: Computer program.
Note: Printout (20 p.) only deposited.
Claimant: the SCO Group, Inc.
Created: 1988
Published: 18Jul88
Registered: 9Jul03
Author on © Application: AT&T, employer for hire.
TX-5-750-268 (COHM)
Title: UNIX system V release 3.2/386.
Description: Computer program.
Note: Printout (20 p.) only deposited.
Claimant: the SCO Group, Inc.
Created: 1988
Published: 18Jul88
Registered: 9Jul03
Author on © Application: AT&T, employer for hire.
Previous Related Version: Prev. reg. 1992, TXu 510-028.
Claim Limit: NEW MATTER: revisions.
Miscellaneous: C.O. corres.
Special Codes: 1/C Previous Related Version: Prev. reg.
1992, TXu 510-028.
Claim Limit: NEW MATTER: revisions.
Miscellaneous: C.O. corres.
Special Codes: 1/C

********************************************************

Above is the TSG "New" copyrigth, what follows is the "old
AT&T copyright (TXu 510-028).

*******************************************************

TXu-510-028 (COHM)
Title: UNIX. Edition: 5th ed.
Note: Computer program; with programmer's manual by K.
Thompson, D. M. Ritchie.
Claimant: Unix System Laboratories, Inc.
Created: 1973
Registered: 25Mar92
Title on © Application: UNIX operating system.
Author on © Application: American Telephone & Telegraph
Company (employer for hire)
Miscellaneous: C.O. corres.
Special Codes: 1/C

**************************************************
TSG appears to be copyrighting "revisions" to an AT&T
copyright (TXu 510-028). It is not clear what the
revision are, but since the original AT&T copyright (TXU
510-028) appears to be for the Unix program, you have to
wonder if this is the "source" of the McBS delusion that
TSG "owns" Unix.

Does someone sit around at night dreaming this stuff up,
and what rabbit hole did they fall down.

Sorry, I have to go, "Oh dear, oh dear I shall be too
late ( for the McBS tea party/TSG Board meeting)."

[ Reply to This | Parent | # ]

Request: Patents for Programmers please
Authored by: Paul Johnson on Sunday, September 05 2004 @ 06:52 PM EDT
PJ: Slashdot has this article on patents by Microsoft, and that story also contains a link to the earlier sudo patent story.

I know a little bit about patents and how they are written, enough to see that the "sudo" patent doesn't describe how sudo works at all. But I don't really know enough to educate others, and most comments I have seen in various places betray an ignorance even greater than mine. Since software patents are quite possibly the next battleground for OSS, this is likely to be important.

Is there an introduction to the basics of patent law and practice around? And if not, would you (in your copious free time) consider writing one?

Thanks,

Paul.

---
These ideas and others like them can be had for $0.02 each from your friendly local idealist.

[ Reply to This | Parent | # ]

Text transcript, video, and August orders still available at scofacts.org
Authored by: al_petrofsky on Sunday, September 05 2004 @ 06:53 PM EDT

At the scofacts.org Daimler page, you can find an almost complete docket for this case, including a text version of the hearing transcript, an mpeg1 video of the hearing, Daimler's proposed order regarding summary disposition, SCO's objections to that order, and SCO's alternative proposed order. Curiously, although Daimler agreed to SCO's version of the order, Judge Chabot then signed *both* sides' versions.

The last time a link to that page was posted here (by ChrisP on 2004-08-28 at 9:22) the comment was deleted (see Yahoo SCOX messages 175066 and 175111 for details), possibly because of a bogus concern about the legality of distributing the video. Please note that (as I had posted here multiple times before that last deletion), Judge Chabot has explicitly permitted me to make the video freely available on the internet. See the videotape request form and supporting letter . The request form reads, in part:

Reason for request, please be specific: TO REVIEW THE PROCEEDING AND TO MAKE THE VIDEO FREELY AVAILABLE ON THE INTERNET. SEE ATTACHED LETTER.

... PERMISSION IS GRANTED 8-3-04 [signature of Rae Lee Chabot]


---
scofacts.org

[ Reply to This | Parent | # ]

What did Santa Cruz get from Caldera
Authored by: samsamiam on Sunday, September 05 2004 @ 10:49 PM EDT
for the assets they sold to Caldera? Many a high number has been floated [50-100 million] as I recall.

But as of August 2004, Santa Cruz/Tarantella adivses the following:

On May 4, 2001, the Company consummated the sale of its Server Software and Professional Services divisions to Caldera Systems, Inc...

As consideration for the transaction, the Company received 16 million common stock shares of Caldera International (representing approximately 28.2% of Caldera International), $23 million in cash (of which $7 million was received on January 26, 2001) and a non-interest bearing promissory note in the amount of $8 million that was originally to be received in quarterly installments of $2 million beginning in August 2002.

As part of the original transaction, if the OpenServer line of business of the Server and Professional Services groups generated revenues in excess of specified thresholds during the three-year period following the completion of the combination, the Company had earn-out rights entitling it to receive 45% of these excess revenues. The transaction was treated as a disposal of Server and Professional Services groups and a gain of $53,267,000 was recorded upon completion of the transaction.


Record the sale of 53,267,000 – receive 7,000,000 deposit in January 2001.

For the fourth fiscal quarter of 2001, the Company’s operating results included 28.2% of the operating results of Caldera International, adjusted for amortization of 5 months of negative goodwill of approximately $0.7 million. The net amount of the losses included was $4.6 million. In the fourth fiscal quarter of 2001, the Company also recorded an impairment of the investment, net of the remaining negative goodwill of $7.8 million, in the amount of $22.5 million. The impairment was recorded as the share price of Caldera International was significantly below the fair market value of Tarantella’s and was deemed to be other than temporarily impaired.


By September 30, 2001 – record loss of 4,600,000 on goodwill and then another 22,500,000 on equity. Total loss – 27,100,000

During the first fiscal quarter of 2002, the Company’s net loss included equity losses of $4.0 million for its share of Caldera International losses. After recording this loss, the carrying value of the shares of Caldera International stock was reduced to zero, in accordance with APB opinion No. 18, “The Equity Method of Accounting for Investments in Common Stock.”


By December 31, 2001 – record loss of another 4,000,000. Total loss now - 31,100,000

During the second quarter of fiscal 2002, the Company signed an agreement with Caldera International to redeem the $8 million note receivable held by the Company for $5 million. The note was originally payable in four quarterly installments of $2 million each, beginning in August 2002. A loss of $3,038,000 was recorded against the gain on the sale of divisions to Caldera for the redemption of the note receivable.


By March 31 2002 – record loss of another 3,038,000. Total loss now – 34,138,000

During the third quarter of fiscal 2002, Tarantella announced an agreement with Caldera International for Caldera International to repurchase the remaining 3,289,401 shares of Caldera International common stock held by Tarantella. Tarantella recorded other income of $3,059,250 from this transaction in the third fiscal quarter and subsequently received the cash in July 2002.

Additionally, Caldera International agreed to the buyout of certain licenses for products bundled in older releases of The Santa Cruz Operation, Inc.’s software, and the buyback of 500,000 post split shares of Caldera International stock held by the Company for $555,000. On March 7, 2002, Caldera International executed a 1 for 4 reverse stock split. Accordingly, the shares held by the Company were adjusted to reflect the stock split.


By June 30, 2002 take in cash of & reduce recorded loss by 3,059,250 + 555,000 – Total recorded loss now – 30,523,750

For the fiscal year ended September 30, 2002, the Company sold 4,010,417 post split shares of Caldera International stock for total proceeds of $4,360,938.

As of September 30, 2002, the Company did not own any securities in Caldera International. During the third quarter of fiscal 2002, Caldera International also bought out the remaining term of the OpenServer revenue sharing plan that was part of the original transaction, for $100,000, which was recorded as a gain on the sale of divisions to Caldera. In addition, royalty reserves of $345,000 related to the original transaction were written off and recorded as a gain on the sale of divisions to Caldera.


By September 30, 2002 – take in cash & reduce loss by 4,360,938 & 100,000 & 345,000– Total recorded loss – 25,717,812

Aside from the accounting write downs for the note/equity /goodwill and the reverse of the reserve for royalty in this deal – the amount that Santa Cruz received in cold cash from Caldera, and from the sale of their Caldera stock is, according to: Tarantella – "Document 1, pg47 Note 13"

7,000,000 - deposit
3,059,250 – Caldera’s repurchase of shares held by Santa Cruz
0,555,000 – Caldera’s repurchase of shares held by Santa Cruz
4,360,938 – Santa Cruz proceeds from selling Caldera shares
0,100,000 - OpenServer revenue closure

15,075,188 – Total to Santa Cruz

The recorded sale of 53,267,000, on the books, appears to have inflated the value of the asset purchase for Caldera, and also served-up Santa Cruz with a significant loss on the sale.

There are more facets to this deal yet to be uncovered, but one seems apparent - Santa Cruz was content with what they ultimately received from Caldera...and this is indeed a far cry from 50 or 100 million as purported.

[ Reply to This | Parent | # ]

Windows for warships
Authored by: Anonymous on Monday, September 06 2004 @ 10:03 AM EDT
http://www.theregister.co.uk/2004/09/06/ams_goes_windows_for_warships/

I shudder to think about this being use in real-time warfare...

[ Reply to This | Parent | # ]

OT, eating a toad for breakfast
Authored by: Anonymous on Monday, September 06 2004 @ 10:35 AM EDT
...actually makes the rest of the day so much shorter. Poisonous little beasts.

[ Reply to This | Parent | # ]