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Sep 17, 2007 9:00 AM (3 hrs ago) From Novell, Inc., Distributed by PR Newswire |
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The bankruptcy hearing tomorrow has been changed to 8:30 AM, according to the latest on PACER. There is a Notice setting forth what will and what won't be heard that day. Everything will be heard *except* the motions to retain Berger Singerman and Pachulski Stang as co-counsel and Epiq Bankruptcy Solutions and the motion to pay all the lawyers and other professionals monthly. That will be heard at another hearing to be announced. I may not be the only one wondering how many lawyers one needs to file for bankruptcy. Or it could be they thought there were just too many motions for a single hearing. They will hear the motion about hiring temps to cover for the finance department employees SCO fired or who quit that I told you about earlier today.
On the list of folks who got the notice one sees the top creditors we noted on SCO's list, like Microsoft and Sun Microsystems, as well as a Joe McMann, United States Trustee. So he must be the newly assigned trustee. Nobody notified Novell or IBM or Red Hat. However, I'm guessing Novell needs no invitation to follow along.
Update: SCO has filed a Notice of Late Filing with the SEC about the 10Q they haven't filed. "The Company was unable to complete the preparation of the Form 10-Q Quarterly Report on a timely basis due to additional and unusual administrative work loads as a result of the bankruptcy filing." Not to mention the unfortunate firing/quitting of approximately half of the finance department, one assumes. |
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Featured posts to the Search Engine Watch blog in the past week, along with recent search-related headlines from around the Web. |
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The news has widely reported that the fast-track vote for the acceptance of OOXML as an ISO standard has failed. So what is the next step? According to the complex ISO rules, there is going to be a comment resolution meeting in February, 2008 where all the standards bodies with skin in the game will meet and painfully go through all the technical comments and attempt to move the process forward in good faith.
Question: How is it possible to address all the technical comments in a document format that has already been implemented in Microsoft Office 2007 and is shipping or being pre-installed in millions of computers?
Even a casual observer would have to say that OOXML is not likely to change due to the outcome of the comment resolution meeting in February. Because the OOXML format is firmly entrenched in shipping Microsoft Office products, the most popular comment resolution statement is likely to be “it is a de-facto standard in shipping products”. Or…there will be promises made to make changes to a document format is already shipping in volume by the only market leader that could deliver products based on OOXML. If you think that OOXML will change in any significant way, I have some ocean view property in South Dakota that might be of interest to you.
Document management software vendors have made it clear that they do not want to support multiple open document formats. Document tool developers would like avoid the replicated work that comes with the support of multiple standards and they certainly do not want to suffer the pain and expense of document format incompatibilities and conversions.
Jeremy Allison, of SAMBA fame, recalled his experiences with CIFS and the standardization process in a blog entry called “The Definition of Insanity“. He warns that “The definition of insanity is doing the same thing over and over and expecting different results.” While we don’t know if this quote originated from Ben Franklin, Al Eistein, or Mark Twain, the message is clear. We can’t afford to casually go down the path of comment resolution with OOXML. The results will not be satisfying and innovation will suffer if a second open document format is standardized. In the end, users will suffer as they continually have to choose which document format to use and then find the tools that will reasonably convert the format they chose to the format they want to exchange.
The acceptance and adoption of a single open document format will lead to a golden age of document processing. |
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The decision by the leadership of All Nigeria Peoples Party to join President Umaru Musa Yar'Adua's Government of National Unity (GNU) is an attempt to hamper Nigeria's democracy, the Action Congress (AC) has said. |
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Contract manufacturer Raumedic AG (Münchberg, Germany; www.raumedic.com ) and fiber-optic sensor specialist Samba Sensors AB (Göteborg, Sweden; www.samba.se ) have joined efforts to develop catheters that incorporate fiber-optic pressure-monitoring technology. |
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September 17, 2007 -- ( WEB HOST INDUSTRY REVIEW) -- Virtual hosting administration tools provider Virtualmin announced on Monday it has released version 3.46 of its Web server control panels, Virtualmin Professional and Virtualmin GPLl. |
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Novell today announced the upcoming availability of Novell® Teaming and Novell Teaming + Conferencing, two new team workspace and real-time collaboration additions to Novell's workgroup product line. |
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Nautilus, the official file manager for the GNOME desktop, can help you perform tasks from browsing the filesystem to accessing Samba shares on your local network or FTP sites on the Internet -- and more. Here are a couple of tips and tools that will allow you to open a terminal window from Nautilus and resize and rotate images without opening any other program. |
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Erstwhile Unix rights holder and Linux foe in dire straits after judge ruled Novell really owns Unix. |
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The Action Congress (AC) at the weekend punctured All Nigeria Peoples Party's (ANPP)argument that it joined the Government of National Unity (GNU) in an effort to help ensure Nigeria's stability and to deepen the country's democracy, saying the party (ANPP) was indeed driven to join the PDP government by less patriotic considerations. |
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Sept. 17, 2007 ? (TopHosts News Brief) - Virtualmin, Inc. released version 3.46 of Virtualmin Professional and Virtualmin GPL, a next generation Web server control panel. The new release addresses the needs of Web 2.0 developers and the Web hosting providers who serve them. |
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SCO Group CEO Darl McBride says sales of Unix-based products have been declining over the past several years, mainly because of Linux. |
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Raleigh ? Matthew Szulik, chairman and chief executive officer of Red Hat, hailed a European Union court ruling Monday against Microsoft as ?great news for innovation and consumer choice.? |
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Last month, I wrote about the FUD surrounding Windows Vista and DRM. The FUDmaster is Peter Gutmann, a New Zealand researcher who wrote a paper last December that made a series of outrageous and inflammatory claims about Windows Vista. |
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IBM and Red Hat, the world's leading provider of open source solutions, today announced a new algorithmic trading platform to help financial services firms take advantage of accelerated streaming data, real-time analytics and complex multi-path calculations in real-time trading and risk environments. The new platform is based on the IBM BladeCenter® QS21 powered by Cell Broadband Engine(TM) ... |
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Red Hat , the world's leading provider of open source solutions, today announced the following statement in regard to the Court of First Instance in Luxembourg's decision in the matter of the European Commission vs. |
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Red Hat , the world's leading provider of open source solutions, today announced the following statement in regard to the Court of First Instance in Luxembourg's decision in the matter of the European Commission vs. |
The European Court of First Instance has upheld the commission's decision [PDF] finding that Microsoft abused its dominant position. It did this by refusal to supply and authorize the use of interoperability information and tying of the Windows client PC operating system and Windows Media Player. The EU Commission's reaction is here, including this statement from Neelie Kroes:Competition Commissioner Neelie Kroes stated: "The Court has upheld a landmark Commission decision to give consumers more choice in software markets. That decision set an important precedent in terms of the obligations of dominant companies to allow competition, in particular in high tech industries. The Court ruling shows that the Commission was right to take its decision. Microsoft must now comply fully with its legal obligations to desist from engaging in anti-competitive conduct. The Commission will do its utmost to ensure that Microsoft complies swiftly."
A joint statement from FSF Europe and Samba here.
"A triumph for freedom of choice and competition". Thomas Vinje, Legal Counsel for ECIS, the European Committee for Interoperable Systems, gave this reaction: "This is a great day for European businesses and consumers. At long last, this decision opens the prospect for dynamic competition in the software industry. No more user lock-in, no more monopoly pricing."
Our own Sean Daly was there for the announcement and he got an exclusive statement [Ogg; MP3] from Mr. Vinje, who says he does expect Microsoft will likely appeal, as well as first reactions [Ogg; MP3] outside the courthouse from Volker Lendecke (Samba), Georg Greve (FSFE), and Jeremy Allison (Samba), who are clearly ecstatic. Greve calls it a screaming victory. Sean reports:
The courtroom was subdued before the reading of the judgment summary,
with lawyers, photographers, and press milling about; hardly an empty
seat. Each lawyer wore the traditional garb of his country. Although
everyone seemed relaxed, they were clearly expectant, watching the
clock over the doors to the judges' chambers. At 9:29 AM, the room
fell silent, flashbulbs stopped flashing, and everyone sat down. A
couple of lawyers looked at their watches, as if to check the clock. A
loud tone sounded, and the chamber doors were thrown open with a
shout. All rose. Judge Bo Vesterdorf, on his last day at the Court,
preceded his 12 colleagues who entered the courtroom in measured
procession and took their seats. Judge Vesterdorf began speaking in a
low, level voice, reciting the names of the parties in the litigation
and enumerating the summary points of the ruling. No one said a word
as they listened intently. Six minutes later it was over: the European
Commission's positions were upheld save for the organization of the
Monitoring Trustee, with Microsoft and its allies to bear nearly all
legal costs and with the EC fines maintained. At the exit, a press
release and hardcopy of the full judgement (248 pages!) were handed
out. There were smiles and laughter from the FSFE and Samba people.
Thomas Vinje, the lead lawyer for ECIS, made a statement before the
cameras. The Microsoft representatives disappeared without comment. You can find the Judgment here. You need Javascript turned on. The fines were upheld too. And Microsoft was ordered to pay the costs of SIIA, FSFE, Audiobanner.com and ECIS, including those relating to the interim proceedings. So Microsoft pays FSF Europe. Did you ever think you'd see *that* day? Microsoft has two months to appeal, but the appeal is limited to points of law only. There will be a Microsoft press conference, webcast live, at 2:30 PM CET, with... |
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SCO has petitioned the Bankruptcy Court in Delaware to be allowed to hire temps to do its accounting, "to assist the Debtors prepare for the Debtors' fiscal year end as well as other matters". SCO had seven people in the finance department, but after SCO filed for bankruptcy, "approximately half of the accounting personnel resigned or were terminated, including the resignation of two accounting personnel, each with over ten years' experience..." |
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