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SCO Goes Private With $100 Million Backing 411

AmIAnAi writes "Just when you thought it was all over, the SCO story takes a new twist. SCO has received $100 million financing from Stephen Norris Capital Partners to get them out of Chapter 11 and go private 'The move gives Stephen Norris, whose namesake founder was a co-founder of private equity giant The Carlyle Group, a controlling interest in SCO, which now has a platform to continue its court battle with Novell Inc. over royalties from the Unix server operating system, SCO's main business ... According to a statement from the company, SNCP already has a business plan for SCO that includes pursuing its legal claims.'"
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SCO Goes Private With $100 Million Backing

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  • by Ldir ( 411548 ) on Thursday February 14, 2008 @05:39PM (#22426316)
    ... that we can boycott? (Or is Microsoft, in fact, at the root of it?)
  • Connect the dots (Score:5, Interesting)

    by RichMan ( 8097 ) on Thursday February 14, 2008 @05:41PM (#22426378)
    -----
    Thanks to spacelifeform on GL:

    http://www.iht.com/articles/2007/02/12/bloomberg/bxfour.php [iht.com]

    NEW YORK: Four Seasons Hotels, the manager of 74 luxury hotels, said Monday that it had agreed to be taken private by Bill Gates, Prince Alwaleed bin Talal and the chief executive for $3.8 billion, including debt.

    Coincedence?
    ----
    Who is Stephen Norris,

    http://www.snpartners.com/norris.html [snpartners.com]

    Looks like there could very easily be some behind the curtain financing of this through foreign nationals.

    ---
    Mr. Norris acted as a principal financial advisor to Prince Al-Waleed bin Talal Al Saud of Kingdom Holding Company, in structuring and negotiating the re-capitalization of Citibank, which returned over $15 billion in profits on about $590 million of equity invested. He also advised or played a key role in other Kingdom Holding Company investments. He was appointed by former president George H.W. Bush and confirmed by the U.S. Senate to serve as one of five governing members of the $100 billion Federal Retirement System Thrift Investment Board.

    Since 1997, Mr. Norris, and certain members of his team, have worked on a number of investments including real estate investments in Europe and the United States. They were involved in amongst others the privatization of Thompson CSF, the recapitalization of Suez, the acquisition of portions of Credit Foncier's real estate portfolio in Paris by the German firm of IVG, the formation of Nomura's (London) bid for a Dutch mortgage bank, the offer by a major Saudia Arabian investment firm for Lamborgini in Italy, and the formation of a bid by Leucadia International's for the Labouchere Bank in Holland. He also negotiated and structured investments in Synxis Corporation, which was backed by George Soros and Mr. Norris, and MARC Global Holdings.
    ---
  • by Jay Maynard ( 54798 ) on Thursday February 14, 2008 @05:43PM (#22426416) Homepage
    Novell is now assured of getting every penny they've got coming to them.
  • dons tinfoil hat... (Score:2, Interesting)

    by Orthuberra ( 1145497 ) on Thursday February 14, 2008 @05:46PM (#22426478)
    The same Carlyle Group that the president's dad is a part of? Expect anti-terror operations against linux users to commence.


    -sarcasm?

  • Re:Yikes (Score:5, Interesting)

    by samkass ( 174571 ) on Thursday February 14, 2008 @05:46PM (#22426480) Homepage Journal
    When looking at companies, the products are important but only as indicators as to the people behind them. When Amazon was losing money hand over fist, its shares were still sky-high because people believed that Jeff Bezos and his team were a good bet. I can't imagine how anyone could feel that, after everything, SCO could possibly have assembled a $100M team. I don't know how to say this without offending the dozens of people left at SCO, but you'd have to have some form of brain damage, or be really, really desperate for gainful employment to still work there.
  • Re:Brilliant! (Score:5, Interesting)

    by KiloByte ( 825081 ) on Thursday February 14, 2008 @05:51PM (#22426556)
    It's not about winning money. It's about making sure SCO's corporate veil isn't pierced.

    If that hive of villainry fails, some of their dealings could see the daylight. And at least a couple of big companies are really interested in making sure this doesn't happen. So they funnel money into the sinking ship to keep it afloat or make it sink in a secluded place -- it's better to lose some cash than have the dirt revealed.
  • Re:damn Damn DAMN! (Score:3, Interesting)

    by Anonymous Coward on Thursday February 14, 2008 @05:59PM (#22426692)
    Just make it into a fantasy game. You're SCO, she's the open source community, the KY is SNCP's contribution... oddly enough, the image hash to post this comment anon is "uncouth". Interesting. :)
  • by uss ( 1151577 ) on Thursday February 14, 2008 @06:08PM (#22426816)
    My wife went to law school and is now a practicing Attorney at a pure IP (Intellectual Property) NYC firm for a few years now.

    There is an ongoing mad scramble to snag IP assets of all kinds.
    (Key word: ALL KINDS)

    I have been a long time IT person, and I happen to also be able to this peek into this neo-IP world, so I have a sense of deja vu -- similar to the dot-com frenzied land-grab --except that there are NO joe six packs doing the investing, just ultra-rich+ultra-smart professionals.

    If anything is copyrighted (not patented) it has value for an infinite time frame. Grab onto it.
    This may be yettunnadder instance of where /. is wrong, and the market is right.
  • by AHuxley ( 892839 ) on Thursday February 14, 2008 @06:12PM (#22426874) Journal
    http://www.uwec.edu/geography/ivogeler/w111/articles/carlyle.html [uwec.edu]

    Where top Bush administration types meet the members of the family of Usama bin Laden.

  • Re:Yikes (Score:5, Interesting)

    by Anonymous Coward on Thursday February 14, 2008 @06:12PM (#22426878)
    I don't know. I was talking to someone whose spouse still worked there. We mentioned the lawsuit (peripherally, not really wanting to bring it up since I figured it would be a sore subject).

    They started talking about how IBM and Novel stole a whole bunch of their Intellectual Property and put it into Linux, and how Linux is nothing but a bunch a thieves.

    I just sat there biting my tongue and changed the subject quickly, but it was really odd talking to someone "on the other side of the fence" who was a developer, and not in management.
  • by Amiga Trombone ( 592952 ) on Thursday February 14, 2008 @06:16PM (#22426926)
    Actually, the Carlyle Group is mostly Bush and bin Laden money, or at least it used to be. Sort of makes you wonder who might actually be doing what, and what's at stake...

    Especially considering Lou Gerstner, former CEO of IBM, is on the board of the Carlyle Group. That's a bit of a WTF moment right there...
  • by Anonymous Coward on Thursday February 14, 2008 @07:05PM (#22427598)
    $100 Million is far, far more than what is needed to prolong this case. The real question is what is Microsoft going to do with SCO after all the dust from this case has settled? For that amount of money, they must have something in mind.

    But wait, it gets better. Microsoft, along with some partners, recently invested $100 in Plaform Solutions, Inc. For those of you who follow this kind of business tactics, PSI is IBM's only competitor in the very lucrative (yes, still) Mainframe market. IBM sued PSI about a year ago on the basis of some bogus software patents. PSI threw in the towel by getting rid of nearly all their employees, and used the remaining VC money to fight this lawsuit, and countersue IBM. They have an excellent case there, by all accounts.

    But they were dead as a company until Microsoft and their partners came along.

    So, in short, Microsoft is dumping a LOT of money to fight IBM. On multiple fronts.

    The main question here is what else they have up their sleeves now, with this investment in SCO?
  • by Alterion ( 925335 ) on Thursday February 14, 2008 @07:28PM (#22427856)
    i think we should be welcoming this, this way novell ibm and the rest of the linux community will get every penny of the money they're owned, which goes back into linux and into opensource, if the bin laden / bush coalition want to pour money effectively into linux to stop MS's dirty laundry from being aired it seems a good thing to me than the far more shady ways they would doubtless otherwise employ.
  • by WindowlessView ( 703773 ) on Thursday February 14, 2008 @09:51PM (#22429456)

    Amazing that in one line people create a [false] connection with UBL and two US Presidents, but these same lefty conspiracy theorists never mention the reported 100Million deal between the Clintons and the Dubai Royalty.

    Not any less amazing than you connecting "lefties" and the triangulating, centrist, sell-out Clintons in a single sentence. Maybe if the Right didn't have a complete strangle hold on the media you could actually find out what the Left thinks instead of having to make shit up. If the above is any indication you wouldn't know a Lefty if he came up and bit you on the ass.

  • by Citizen of Earth ( 569446 ) on Thursday February 14, 2008 @10:08PM (#22429656)

    This is just another $100 million that M$ does not mind pissing away.

    I don't understand how this cash injection serves Microsoft's interests. SCO is on track to lose all of its court cases. This will only serve to confirm that Linux has a clean code base.

    What Microsoft should do is sell SCO a dozen of its 236 bullshit patents it claims Linux violates and have SCO launch the patent lawsuits. Then Microsoft can pretend to be innocent and avoid a patent Armageddon scenario with IBM and other players.

  • by nebosuke ( 1012041 ) on Friday February 15, 2008 @05:05AM (#22431948)
    Capitalist free markets, as described in every econ text I've studied, assume the objective, universal enforcement of market regulations on all participants, not a total lack of regulation (that would be anarchy, not capitalism). Capitalism thus differs from socialism or communism not by lacking market regulation, but in that the latter two advocate a privileged, active market role for the state.

    A 'pure' free market does not refer to a lack of regulation, but a market in which the government enjoys no special privilege over private enterprise. The logical conclusion of such a system would result in privatized police forces, fire companies, etc. competing on equal terms with the analogous government entities. Both government and private enterprise would still be subject to regulation.

    Consequently, capitalist arguments against anti-trust laws are not inherent to capitalism in general, but are made from the position that that class of regulation does not result in a more productive economy. In contrast, regulations that capitalists generally consider to be necessary for a healthy free market economy would be contract law and property law.

    Then it *is* capitalism at work by its very definition. Why do you think you need anti-trust laws but because growing monopolies is a known ill-effect of capitalism in action?
    No. The existence of anti-trust laws does not provide an argument either for or against the efficacy of capitalist free markets, as there is nothing anti (or pro) capitalist about them.

    I don't think I need to say anything about the relationship between predatory behaviour and capitalism, do I?
    Predatory behavior is alive and well in all socio-economic systems. They simply provide different mechanisms by which one becomes either predator or prey.
  • by FireFury03 ( 653718 ) <slashdot.nexusuk@org> on Friday February 15, 2008 @05:31AM (#22432074) Homepage
    It was suggested a while ago that SCO's assets wouldn't be able to anywhere near cover the amount they owe Novell, so I shall sit back and watch Novell suck a big chunk of this investment out of SCO. :)
  • by alexgieg ( 948359 ) <alexgieg@gmail.com> on Friday February 15, 2008 @07:10AM (#22432510)

    Stop bringing up "pure free markets" in discussions about capitalism, really. Pure free markets have properties that will never exist in reality, such as equally complete and correct information for all players.
    No, it does not. Who talks about "complete information" are Keynesian economists who themselves develop these hypothetical models, then misattribute them to the (actual) free market theorists all the while showing they don't exist in reality, as a means of defending their system of government-managed semi-free market economy. It's a typical case of straw man argument [wikipedia.org].

    When you go read actual free market theorists, such as Friedrich Hayek and other libertarians [google.com.br], you can clearly and undoubtedly see they starting with the exact opposite assumption. For them, knowledge of the present is always partial, incomplete, uncertain and most of the time subjective, and even more so when we talk about the future, and that's why free market is better. Were it not the case and a planned economy would be feasible. But since it isn't actually the case, then millions and millions of partially-knowledgeable people reacting almost instantly to fast changes happening around them ends up necessarily producing a better outcome than a bunch of partially-knowledgeable central planners whose decisions, all of which are almost by definition knowledgeless, are not only slow in reacting to changes, but all have the potential of badly affecting huge amounts of people in the same, simultaneous, exact way.

    Hayek even went so far as to analyze whether technological advances in data gathering and information processing could in theory reach a point where a managed or planned economy would be able to surpass the effectiveness of fast-reacting, imperfect-knowledge-based free market. His conclusion? That if a planned economy had access to infinite processing power, infinite memory etc. it would still reach, at best, the same effectiveness of the free market. But surpass it? Nope, sorry.

    It's unfortunate that, since anti-free-market theorist keep misrepresenting what libertarians think and say, they don't take the time to study and understand these fine analytical points. If they did, actually productive talk could be established. Alas, they don't, and it doesn't.

Them as has, gets.

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