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SCO Files Response to Motions to Dismiss/Convert and Files Objections to Claims

By Pamela Jones et al.

SCO has filed its Response to Motions to Dismiss or Convert, the motions filed by the U.S. Trustee, Novell, and IBM. It has also filed Objections to the claims of Novell, IBM, SUSE, and Red Hat.

I haven't read them all yet myself, so I'll swing back after I do. But in a quick skim, I see they are asserting that all the claims depend on the appeal in SCO v. Novell, and they deny that the claims have any value. Here's a taste from the Objection to Novell's claim:

The Novell claim, if any such claim exists, is dependent on the outcome of the Novell Appeal. SCO Group, Inc. rejects the notion that the Novell Claim holds any value notwithstanding the fact that a judgment currently exists. And, even if it does exist, it is subject to setoff or recoupment in a much larger amount.

That last part probably means SCO (in its perfect dream world) wins the appeal and the case ends up with Novell owing SCO more than it could ever owe Novell. So they ask the court to disallow Novell's claim. And IBM's and Red Hat's and SUSE's.

Did I tell you or did I tell you? I knew they'd fight. I confess I never thought of this strategy. My mind tends to get stuck in the pragmatic mud of reality, as in thinking of things that might actually work. This is a creative flight into Never Never Land, to a plebian mind like mine. One thing you have to acknowledge, though. SCO is never boring. You ask, but why do this? They must know this can't work out. Well, what if all you want is to fight for more time, hoping for a favorable appeal ruling. Then does it make sense?

In fact, SCO asks first that the motions to convert or dismiss be denied; next it asks that if the court must do something, that it choose either to dismiss or to appoint an examiner and keep SCO in Chapter 11, and if it does either, it asks the court to stay any order until the court can "have the benefit of" the appeals court ruling, whenever that may be. SCO suggests that it will be by September 15.

Full post as published by Groklaw on June 06, 2009 (boomark / email).