And, just like that, SCO's back up to 5 active lawsuits

Posted by Scott Laird Fri, 23 Jul 2004 20:45:26 GMT

According to GrokLaw, BayStar, one of SCO’s PIPE investors, is suing SCO. From the press release:

SAN FRANCISCO, July 23 /PRNewswire-FirstCall/ – BayStar Capital today announced that, despite a prior announcement by The SCO Group, Inc. (Nasdaq: SCOX - News) to the contrary, the transactions contemplated by the Stock Repurchase Agreement by and between BayStar and SCO, dated as of May 31, 2004, have not closed due to an unresolved dispute between the parties. BayStar intends to file an action requesting a declaratory judgment with respect to its rights under the Stock Repurchase Agreement. Until a final determination is made by the court, BayStar maintains its position as a Series A-1 Preferred stockholder of SCO.

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SCO: one down, 4 to go

Posted by Scott Laird Wed, 21 Jul 2004 17:46:11 GMT

Groklaw has a preliminary report saying that the judge dismissed SCO’s suit against DaimlerChrysler.

This shouldn’t be too surprising, because the case was a complete mess. SCO was basically suing DaimlerChrysler because DCC hasn’t responded to an audit request that SCO sent. Of course, SCO sent it to the wrong address, to a company with the wrong name. After waiting a few weeks for a response, SCO sued. After the suit was filed, DCC responded, saying something to the effect of “we have no idea who you are, we have no contract with you. You claim to be the successor-in-interest to a contract that we had with AT&T years ago, but we weren’t notified when it changed hands, as required in the contract. It doesn’t matter anyways, we haven’t used the software in question in years. Want it back?”

That wasn’t good enough for SCO, but it looks like it was enough for the judge.

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