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SCO's Reorganization Plan, as text

By Pamela Jones et al.

Here is SCO's Debtors' Joint Plan of Reorganization [PDF], as text. There's an Exhibit A [PDF], the Memorandum of Understanding, but we have that as text already.

Here's an interesting clause, in the definitions section:

"Causes of Action" means, except as provided otherwise in the Plan, the Confirmation Order or any document, instrument, release or other agreement entered into in connection with the Plan, all Claims, actions, choses in action, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, controversies, variances, trespasses, damages, judgments, third-party claims, counterclaims and cross claims (including, but not limited to, any Avoidance Actions, the IBM Litigation, Novell Litigation, Autozone Litigation and the Red Hat Litigation) that are or may be pending on the Effective Date or instituted by the Debtor(s) after the Effective Date against any Person based on law or equity, including, but not limited to, under the Bankruptcy Code, whether direct, indirect, derivative, or otherwise and whether asserted or unasserted, known or unknown.

I take this one of two ways. You could understand this to mean that they expect more folks to sue SCO than already have. But, you must also read it as a pretty big hint that SCO may have persuaded the money folks that SCO can still go after AutoZone, based on its migration from OpenServer to Linux, and other end users of Linux, based on OpenServer header files and any code Santa Cruz or Caldera wrote after the APA in 1995 for UnixWare or OpenServer.

Having researched that very question in some detail, I think any such attempt will fail miserably, but hope springs eternal. And it could all be bluffing too. It is after all SCO. There's some water under that bridge.

Full post as published by Groklaw on March 02, 2008 (boomark / email).