[Gllug] Goodbye SCO

[Jason Clifford]

On Sat, 2007-09-15 at 12:05 +0100, Adrian McMenamin wrote:
> > In case anyone hasn't noticed SCO have filed for bankruptcy.

> Actually, they haven't: they've filed for protection from bankruptcy

Point taken however C11 is only protection if there is a way out of
bankruptcy and if Novell is owed $20million and SCO has only $14million
with other debts there is no way out for SCO unless Novell back off -
Novell having so far shown every sign of wanting blood.

> > Interestingly they have not listed Novell among their creditors - I
> > wonder whether that may constitute fraud.

> No. The judge has already ruled that SCO *has* money that belongs to
> Novell. Not that they *borrowed* money from them. The case is to decide
> how much money that is.

You are confusing a creditor with a borrower. They are not the same. In
every case where the debt owed to a creditor is proven that money
"belongs" to the creditor already - that doesn't change the fact that
they are a creditor.

It will be interesting to see how the Delaware court treats this.

Jason

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