SCO, the company that anyone involved with Open Source software loves to hate, has failed to file it’s 10K form for the year ending Oct 31st 2004, the Nasdaq has issued them with a statement showing the intent to de-list the company from the Nasdaq SmallCap Market. SCO has issued a statement that they intend to request a hearing to delay the de-listing. SCO had this to say with regards to why they didn’t file their 10k.
The Company has been unable to file its Form 10-K for the fiscal year ended October 31, 2004 because it continues to examine certain matters related to the issuance of shares of the Company’s common stock pursuant to its equity compensation plans. The Company is working to resolve these matters as soon as possible and expects to file its Form 10-K upon completion of its analysis.
Speculation is running wild on Groklaw. Most participants seem agreed that the problem with the 10K is that SCO’s parent company Canopy is suing Ralph Yarro and others for handing themselves control and money far in excess of what their positions deserved or had any right to expect. Ralph Yarro is still chairman of the board at SCO, so payments in either direction will be under close scrutiny.
SCO have been embroiled in a legal battle with IBM, Novell, Redhat, AutoZone and Damlier/Chrysler (SCO initiated the attack on all except Redhat.) over companies like IBM giving code away to Linux. (among other things.) The cases have been ongoing for over a year now and SCO were recently blasted by Judge Kimball for getting this far into a case, without showing a shred of credible evidence, particularly in light of statements to mainstream media claiming they had loads of evidence.
