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Tech Bankruptcy
September 14, 2007
  SCO Group Files Bankruptcy: Penguins Rejoice!
I've just learned from various friends in Delaware that the infamous The SCO Group has just filed a chapter 11 petition in Delaware. If you are not familiar with The SCO Group, they are famous - or perhaps infamous - for lawsuits against IBM and others claiming that the LINUX operating system violates IP rights The SCO Group had previously acquired from Novell. Last month, a federal judge held that the rights in question belonged to Novell, not The SCO Group. Novell promptly announced it has no interest in suing anyone in connection with use of the LINUX operating system.
Robbed of its business model of selling licenses to use the otherwise free LINUX operating system, The SCO Group apparently cannot cover its debts. I would have thought a chapter 7 would be more appropriate, since as far as I know the company has no actual business. But, I may be wrong.

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Warren E. Agin is a partner in Swiggart & Agin, LLC, a boutique law firm in Boston, Massachusetts focusing on the needs of technology companies. Mr. Agin heads its bankruptcy department. The author of the book Bankruptcy and Secured Lending in Cyberspace (3rd Ed. West 2005), Mr. Agin also chaired the ABA's E-commerce and Insolvency Subcommittee from 1999 to 2005, co-chaired the Boston Bar Association's Internet and Computer Law Committee (2003-2005), and served on the American Bar Association's Standing Committee on Technology and Information Services (2008-2011). Mr. Agin currently co-chairs the Editorial Board of Business Law Today. A contributing editor to Norton Bankruptcy Law and Practice, 3d, and co-author of its chapter on intellectual property for the past fifteen years, he is author of numerous legal articles and addresses on topics of technology, internet and bankruptcy law.

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