Linked by Thom Holwerda on Mon 19th Oct 2009 19:13 UTC, submitted by SReilly
SCO, Caldera, Unixware Darl McBride. It's the guy everybody hates. Well, he is no longer in charge of SCO, the UNIX vendor who relentlessly litigated against Linux vendors: he has been fired as part of the Chapter 11 restructuring plans for the company. Sadly, the litigation does not end with him, as SCO's new leadership has said in a statement they will continue the litigation.
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Judicial System
by Zifre on Mon 19th Oct 2009 21:52 UTC
Zifre
Member since:
2009-10-04

SCO just won't die!

This is what's wrong with the judicial system in America and elsewhere...

Reply Score: 2

RE: Judicial System
by sbergman27 on Tue 20th Oct 2009 01:04 UTC in reply to "Judicial System"
sbergman27 Member since:
2005-07-24

SCO just won't die!

'Tis the season. Rumor has it that Darl has left to launch a new career:

http://upload.wikimedia.org/wikipedia/en/0/05/Jasonf.jpg

Wish him luck?

Edited 2009-10-20 01:06 UTC

Reply Score: 5

RE: Judicial System
by Ed W. Cogburn on Tue 20th Oct 2009 07:48 UTC in reply to "Judicial System"
Ed W. Cogburn Member since:
2009-07-24

This is what's wrong with the judicial system in America and elsewhere...


I think you missed the part where all the legal fighting now is happening in SCO's bankruptcy resolution. Notwithstanding SCO's usual claim that they're going to keep on truckin' (they've always said that), the lawsuits they started are dead, this is now the end-game that we're in.

SCO just won't die!


They are a 'dead man walking', all thats left is to figure out how their assets will be divvied up to all the companies they owe... and thats whats happening right now.

Yea, it took a long time, but the final correct outcome is now just around the corner.

See the article for the bankruptcy judge's sarcastic comment about 'Waiting for Godot'. That spoke volumes to me... cue the fat lady, SCO is done and cooked.

Reply Score: 2

RE[2]: Judicial System
by Bobthearch on Tue 20th Oct 2009 14:36 UTC in reply to "RE: Judicial System"
Bobthearch Member since:
2006-01-27

I think you missed the part where all the legal fighting now is happening in SCO's bankruptcy resolution. Notwithstanding SCO's usual claim that they're going to keep on truckin' (they've always said that), the lawsuits they started are dead, this is now the end-game that we're in.


SCO is in Chapter 11 bankrupcy. Although Chapter 11 can lead to liquidation in some cases (Circuit City), it's commonly known as "Reorganization Bankruptcy" and is a method used to weasel out of paying creditors - getting a fresh start as a 'new' company. If reorganization is successful SCO could cancel the old stock, issue new stock to raise capital, and continue business as usual. Northwest Airlines, KMart, and many other companies have emerged from Chapter 11 and continue business today.

Reply Score: 2

RE[3]: Judicial System
by Ed W. Cogburn on Thu 22nd Oct 2009 02:03 UTC in reply to "RE[2]: Judicial System"
Ed W. Cogburn Member since:
2009-07-24

SCO is in Chapter 11 bankrupcy.


I know the difference. If you've been following this story (like on Groklaw) you'd know that SCO has tried everything they could to avoid liquidation (multiple reorg plans, buyout from a friendly), and all of the former have been shot down by the judge, and the latter fell through. The judge is now getting annoyed (the Godot sarcasm wasn't the first).

Dead man walking. Bank it.

Reply Score: 1

obsidian
Member since:
2007-05-12

Here in New Zealand, the legal system has the concept of a "vexatious litigant". This is a person (or, I believe, a company) that files legal proceedings (and I quote) - "habitually, persistently and without reasonable grounds". I think that the US legal system **desperately** needs to adopt this concept as well.

This document gives some background -
http://www.iombudsman.org.nz/pdfs/Attachment%2010.pdf

I am sure that in New Zealand, this farcical situation would have been thrown out YEARS ago, due to this "vexatious litigant" concept.

Reply Score: 4

Delgarde Member since:
2008-08-19

I am sure that in New Zealand, this farcical situation would have been thrown out YEARS ago, due to this "vexatious litigant" concept.


Not necessarily... the SCO case has mostly been characterised by just a few lawsuits, but ones which have just gone on and on, constant delays and endless appeals. It's certainly been a ridiculous affair, but I don't think it's not all that good a match for the concept you're talking about.

"Vexatious Litigant" orders usually apply to individuals who initiate suits over trivia, get shot down quickly in court, and then go and start a new one. Not so much to this kind of war of endless appeal.

Reply Score: 6

MamiyaOtaru Member since:
2005-11-11

http://en.wikipedia.org/wiki/Vexatious_litigation

clearly such an advanced concept must only exist in more enlightened nations.

And as was mentioned before, it applies to frequency of litigation, not duration

Reply Score: 3

bousozoku
Member since:
2006-01-23

Perhaps, Mr. McBride will file a lawsuit pleading wrongful termination and be the straw that breaks the camel's back, as the saying goes.

I had some respect for Ray Noorda and his chutzpah taking on Microsoft (as Caldera then) but this has gone way too far. They need to take whatever they have remaining and close the doors before they're kicked out of the building.

Reply Score: 2

sbergman27 Member since:
2005-07-24

I was stuck in the waiting room at Midas for a couple of hours today having an inner tie rod replaced. And of course, it was equipped with a TV. Now... I absolutely hate TV. Being in the same room with one that is playing the sorts of trash that people watch today makes me feel like the Witch of the West must have after Dorothy threw the water on her. They were playing those "Judge Wapner meets Jerry Springer" trash "courtroom" adjudication programs. And yeah, the other customers were completely absorbed, making their opinions known about what should be done about the 23 year old girl suing her alcoholic mother for stealing her credit card(s) and maxing it (them) out. (There was some heated disagreement about the number of cards.) Etc. Etc. Etc. The trash TV droned on. And I retreated into an autistic cocoon as best I could, trying to ignore it.

But... looking at how the "judge" handled the situations, I have to wonder if I would not have preferred that these cases been handled by Judge Judy or whomever in one of their fake courtroom soundstages.

Typically, the "judge" sizes the situation up like you or I would. Not in some dry and abstract legal way that takes years and doesn't seem to mean much by the time the case is "resolved". But in a very practical, timely, and human way.

Let me tell you... Judge Perrino (or whatever her name was) would have taken Darl to task and sent him in for compulsory psychiatric treatment, pronto. (Pierce the corporate veil? I'm sure she keeps a box knife handy just for the purpose of cutting it to shreds.) She would have liquidated SCO in about 15 minutes. She would have awarded IBM, Novell, and Red Hat the proceeds. She would have indulged herself with a short soliloquy on the importance of integrity in business. And bemoaned the fact that she couldn't do anything about Chris Sontag and the others.

And the audience would have given her a standing ovation.

For that matter, so would I. In fact, I'd probably even buy the DVD. And for me, that's saying something.

But that didn't happen today. Just an endless parade of distasteful trash that doesn't matter to me. As opposed to the SCO-related parade of distasteful trash that does, of course.

Edited 2009-10-20 02:04 UTC

Reply Score: 3

Darl McBride
by diegoviola on Tue 20th Oct 2009 07:03 UTC
diegoviola
Member since:
2006-08-15

Karma has got into your way.

Your own insecurity and debility/incompetence has killed you.

You were a nice troll, we will miss you... well, not really.

Edited 2009-10-20 07:11 UTC

Reply Score: 2

RE: Darl McBride
by sbergman27 on Tue 20th Oct 2009 14:17 UTC in reply to "Darl McBride"
sbergman27 Member since:
2005-07-24

Karma has got into your way. Your own insecurity and debility/incompetence has killed you.

Hardly. Bruce Perens hit the nail on the head in a comment over at lwn.net:

"The news I'd like to hear is that he and Ralph Yarro (SCO owner) are investigated, tried, stripped of their wealth, and incarcerated. What you have heard today is that a guy rich from kiting SCO's stock doesn't have to work any longer."

Edited 2009-10-20 14:19 UTC

Reply Score: 4

Comment by polaris20
by polaris20 on Tue 20th Oct 2009 15:58 UTC
polaris20
Member since:
2005-07-06

I can almost hear Novell's company ROFL-copter starting it's engine.

Reply Score: 3

Hah Hah HAH HAH HAH!
by Daemon_ZOGG on Tue 20th Oct 2009 16:57 UTC
Daemon_ZOGG
Member since:
2009-08-26

So now that Chief MORON, darl mcbride has been voted off of sco island. The rest of the village idiots can continue re-construction of HQ... At the bottom of THE GREAT HOLE that mcbride built.

Sco is what happens when you put too many paranoid lunatics in the same room.
Village Idiots indeed...

http://www.gnu.org/
Open-Source Software Promotes And Creates Innovation.
Patent-Trolls Destroy It.

;)

Reply Score: 1

RE: Hah Hah HAH HAH HAH!
by strcpy on Tue 20th Oct 2009 17:46 UTC in reply to "Hah Hah HAH HAH HAH!"
strcpy Member since:
2009-05-20

Hah Hah HAH HAH HAH!

Funny that many people here consider GNU to be also what happens when you put too many paranoid lunatics in the same room.

Village Idiots indeed...

;)

Reply Score: 2

RE[2]: Hah Hah HAH HAH HAH!
by jgagnon on Tue 20th Oct 2009 18:34 UTC in reply to "RE: Hah Hah HAH HAH HAH!"
jgagnon Member since:
2008-06-24

Extremists are bad, regardless of their "religion"...

Reply Score: 1

RE: Hah Hah HAH HAH HAH!
by sbergman27 on Tue 20th Oct 2009 17:47 UTC in reply to "Hah Hah HAH HAH HAH!"
sbergman27 Member since:
2005-07-24

So now that Chief MORON, darl mcbride has been voted off of sco island. The rest of the village idiots can continue re-construction of HQ... At the bottom of THE GREAT HOLE that mcbride built.

The "Chief Moron" likely made more money from SCO's maneuvers than most people make in their lifetimes. As likely did a number of the "village idiots". Caldera, Inc. (what we should really be calling the company) was scuttled in the process, of course. But that's how it goes with eggs and omelettes.

Darl and the gang may be amoral. They may lack the basic ethical fiber that most of us take for granted. But if you really think of them as idiots and morons, you haven't been keeping your eye on the ball.

One could, however, argue that sacrificing ethics and self-respect for money is unwise, and a bad bargain. What value and purpose is left after sacrificing integrity? What's the price tag on self respect?

Somehow, I doubt that Darl spends much time worrying about that, though. Which makes him a tragic character, of sorts. Not that I'm wasting any tears, understand.

Reply Score: 3

RE[2]: Hah Hah HAH HAH HAH!
by wfreund on Wed 21st Oct 2009 20:50 UTC in reply to "RE: Hah Hah HAH HAH HAH!"
wfreund Member since:
2009-08-17

"Somehow, I doubt that Darl spends much time worrying about that, though."


Whenever people ask me how some amoral person or another looks in the mirror or how they can sleep at night, I always reply: "Most likely very easily."

Reply Score: 1

Buh-bye Darl
by Lazarus on Tue 20th Oct 2009 21:36 UTC
Lazarus
Member since:
2005-08-10

Please let the door hit him on the way out. =D

Reply Score: 2

A stupid muse
by FealDorf on Thu 22nd Oct 2009 12:34 UTC
FealDorf
Member since:
2008-01-07

SCO without Darl McBride
is like Apple without Steve Jobs
They better take the NeXT step..

[Wish it were a haiku]

Reply Score: 2