Open Justice...

...or the best justice that money can buy?.

This is just plain wrong!

Posted at LinuxWatch

Nov. 20, 2007

York Capital Management's proposed Asset Purchase Agreement and its associated credit agreement for SCO make it clear that if the bankruptcy court lets York buy SCO, that York will be bankrolling SCO's continued lawsuits against Novell, IBM and other Linux-using companies.

Groklaw published the APA and its associated credit agreement during the last few days. The most interesting aspects of the proposed deal are in the credit agreement.

York, a private equity firm, is offering a complex purchase agreement for SCO. While the total amount of the deal comes to $36 million, a close look reveals SCO would get $10 million in cash and what amounts to a $10 million line of credit to use to continue its legal fights with Novell and IBM.
...

While you would be hard pressed to find anyone who believes SCO's claims that Unix code is hidden within Linux after almost five years of lawsuits without any real evidence, York, if it can get the bankruptcy court to approve its bid for SCO, is willing to take a small bet that somehow profits may yet be reaped from SCO's lawsuits.

The U.S. Bankruptcy Court in Delaware will hold a hearing on the proposed sale on Dec. 5.

Please, let common sense prevail - Wagering on the outcome of litigation should have no place in our business society.