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Is SCO nearing bankruptcy?
Jan. 09, 2007

Rumors are circulating that The SCO Group Inc. is headed toward bankruptcy. But, is the Unix company that took on IBM, Novell, Red Hat, and the entire Linux world really in danger of going broke?

The latest rash of rumors was triggered by a claim in a recent legal document, Novell Inc.'s Redacted Reply to SCO's Opposition to Novell's Motion for Partial Summary Judgment or Preliminary Injunction (PDF download), that Novell filed in its SCO lawsuit. In it, Novell's lawyers stated that, "For SCO, bankruptcy is inevitable; it characterizes its assets as merely those 'remaining' and does not rebut Novell’s arguments that its bankruptcy is imminent."

Strong words, but it's not really a prediction of imminent doom for SCO when taken in context. The Novell statement is really more in the line of a prophecy if Novell wins its point that SCO owes Novell the revenue from its Microsoft and Sun deals.

Novell is going after the money that SCO has made from its last two major Unix deals. Specifically, Novell wants its share of the payments SCO received from the SVRX [Unix System V Release any] license agreements that it executed in 2003 with Sun and Microsoft. SCO has received at least $25,846,000 from these two companies through its SVRX Licenses. It was this multi-million dollar revenue that fueled SCO's IBM lawsuits.

If, as it does seem likely, Novell wins its contention that SCO owes it royalties, then SCO will be in a world of hurt. But, that's still several months of court action away.

On the other hand, SCO has other, more immediately pressing financial worries. SCO's last reported financial quarter, on Sept. 6, was, in a word, awful.

There's no reason to think that SCO's earnings have gotten any better. Since SCO launched its multi-billion dollar lawsuit against IBM, the company's income has declined quarter after quarter. While SCO reseller partners tell me that they still have plenty of SCO UnixWare and OpenServer support work, sales of SCO's latest Unix, SCO OpenServer 6, have been disappointing.

Financial news reporter Bob Mims recently reported in the Salt Lake City Tribune that "SCO officials have refused to discuss results for the quarter and fiscal year ending Oct. 31 or the scope of workforce reductions that purportedly came in the wake of declining sales."

I've also heard, but I've been unable to confirm, that SCO has laid off some employees.

SCO did not return Linux-Watch.com's requests for further information about these matters. The company promises, though, that it will address these issues and other matters in a conference call after it releases its financial results for the fourth fiscal quarter and year ended Oct. 31, 2006, after the close of the market on Jan. 17, 2007.


-- Steven J. Vaughan-Nichols



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