Canopy Case Settled?

Message ID: 243609
Posted By: al_petrofsky
Posted On: 2005-03-07 20:04:00
Subject: Canopy Case Settled?

Late this afternoon, the following entry
was added to the docket listing of the
Yarro et al. v. Kreidel et al. case:

> 03-07-05 04 DAY PRELIMINARY INJUNCTION
> Cancelled. Reason: Case Settled.

I didn't notice this until just after
5:00 P.M. Mountain Time, and thus I
wasn't able to get any confirmation from
the court, nor was I able to reach
anyone at Canopy.

There could be some mistake, but it
seems likely that the entry means just
what it appears to say: that the
four-day hearing scheduled for tomorrow
through Friday has been canceled, and
the case has been settled.

scofacts.org/yarro-update.html

Message ID: 243610
Posted By: diogenese19348
Posted On: 2005-03-07 20:22:00
Subject: Re: Canopy Case Settled?

I seriously doubt this is good news.

Message ID: 243618
Posted By: hamjudo2000
Posted On: 2005-03-07 20:48:00
Subject: Re: Canopy Case Settled?

It'll probably look incredibly bad tomorrow. Yarro seems to control a large stable of spinmasters.

I doubt that Mustard has the same priorities.

Message ID: 243752
Posted By: mersenne137
Posted On: 2005-03-08 11:21:00
Subject: Settlement crumbs

I have no authoritative answer on the settlement but can provide the following observations.

1) SCOxe's *local* MM -- WDCO (Wilson Davis) has retreated off the ask-bid. This is a typical position On Friday & Monday, it was on the top of the ask, in repeated 2000 share lots-- an unusual behavoir.

2) Hilary Dalton , the PR contact at Canopy, when I contacted her by phone, called back with "No comments at this time."

3) MTIC is up a dime, on heavier than normal volume and big lots. MTIC had taken a punch to $2.05 in the last 2 weeks, so this rebound can be expected.

Message ID: 244194
Posted By: stats_for_all
Posted On: 2005-03-09 10:35:00
Subject: Gains from Gossip

I assume Maureen O'Gara's medical gossip regards Ray Noorda, released this weekend, was provided by someone affiliated with SCOXe // Yarro. My evidence for this is O'Gara's repeated and central role in disseminating other SCOXe stories.

We have since learned that "delicate" negotiations for a settlement between Yarro and Canopy are preceeding or have been completed. Yarro's PR flack claimed a settlement was completed, this is now in some doubt.

This action raises the question: What possible gain for Yarro can be found from releasing an inflamatory report on Noorda in the midst of settlement talks?

One possibility is Yarro in his typical tone-deaf manner overplayed his hand.

An alternative and startling explanation is the O'Gara gossip was leaked by someone seeking to deliberately scuttle the settlement negotiations.

McBride rose from his slumbers this weekend, giving interviews and commenting directly on the Yarro//Canopy suit. McBride has been the interview source for O'Gara in the past, while Yarro has not appeared directly.

McBride may of anticipated that the only way he could prevent Yarro from being swept away by Mustard was to attempt to derail the negotiations.

The SCOXe change of control agreement means the SCOXe executives benefit from a Canopy proxy war, while a voluntary Yarro departure would not trigger those benefits.

Message ID: 244281
Posted By: stats_for_all
Posted On: 2005-03-09 13:28:00
Subject: Settlement back on, News report

www.harktheherald.com/modules.php?op=modload&name=News&file=article&sid=49728&mode=thread&order=0&thold=0

Message ID: 244380
Posted By: stats_for_all
Posted On: 2005-03-09 19:03:00
Subject: Allan Screw

Allan Smart gets special mention in the Canopy complaint for alledgedly stealing the computer backup and giving it to Yarro.

Allan Smart got a press job with the evolved DeviceLogics startup: SoleraNetworks. He is listed as a contact on their 2/21 press release.

Perhaps as the press agent he was responsible for authoring the following Web text:
< snip>
Internal Threat

Many recent industry studies indicate that a growing number of security breaches resulting in financial loss are due to internal access from employees, partners, or ex-employees.

Security appliances are configured to detect breaches coming from outside of the network. They awkwardly look at internal flows with marginal visibility.

The Solera DS product line gives complete and reliable internal visibility to all internal network traffic. Every port, every IP address, every protocol, every device, and every packet of network traffic that flows between them is monitored.

< /snip>
www.soleranetworks.com/solutions/internal.htm

I've made a couple of calls to the Solera contact number. No response. I tried a few numbers up from the listed, where I reached aperson who refused to give a name, but said, "Allan will be unavailable in the future".

Message ID: 244517
Posted By: stats_for_all
Posted On: 2005-03-10 10:34:00
Subject: "So, good-bye, Ralph,"

New from Bob Mims on settlement, similar to yesterday's update, but with a nasty DiDio quote to conclude.

www.sltrib.com/business/ci_2603115

Biff is on the TTLA board with a headline "Linux Bulletproof"

I guess he took his best shot and decided his hot air gun couldn't kill a Penguin.

Message ID: 244633
Posted By: al_petrofsky
Posted On: 2005-03-10 14:33:00
Subject: New-ish Canopy filings at scofacts

scofacts.org/yarro.html now has almost
everything that was filed in the two
Canopy-related cases through the end of
February.

The most significant thing that hasn't
already appeared on tuxrocks would be
Mustard's answer, filed on February
25th. It gives an innocuous description
of the document dated December 17 that
the former employees claimed to have
signed under duress on December 22.

Unfortunately, he didn't attach an
actual copy of the document so that we
could judge whether the arrangement of
dates and signatures was misleading.

Message ID: 245050
Posted By: atul666
Posted On: 2005-03-11 15:23:00
Subject: New MOG leakage

http://www.linuxbusinessweek.com/story/48581.htm

Her spin, as usual, is "Hooray, SCO is saved!". But she does manage to leak a few settlement details.

>>
At press time, there had been no papal-like puff of white smoke indicating that a deal had been finalized but folks with their ear to the door whispered that Canopy's ex-management was getting Canopy's 32% interest in SCO and the Canopy side was getting the rest of the VC portfolio.
<<

For a while now I've been suggesting an arrangement like this would be a likely scenario. This way NewCanopy can wash its hands of SCO and all the potential liabilities that go with it. Yarro et al. & SCO get to keep each other, for better or for worse. Yarro gets to be Mustard's bagholder, and like all bagholders he's probably convinced he's gotten an incredible deal on a stock that's going straight to the moon Real Soon Now.

Message ID: 245055
Posted By: al_petrofsky
Posted On: 2005-03-11 15:29:00
Subject: O'Gara rumor: Yarro to get the SCOXE

O'Gara is now reporting a rumor that the
Canopy settlement will leave Yarro and
friends with the SCOXE shares that were
owned by Canopy, with the rest of
Canopy's assets under the control of
Mustard.

linuxbusinessweek.com/story/48581.htm

> folks with their ear to the door
> whispered that Canopy's ex-management
> was getting Canopy's 32% interest in
> SCO and the Canopy side was getting
> the rest of the VC portfolio.

If the settlement does leave us with a
Canopy that is divested of SCO, then it
will be interesting to see how
cooperative or uncooperative this new
Canopy is with IBM. IBM could still try
to hold Canopy to account for its
actions during the Yarro era.

As people have often said, IBM is
presumably willing at any time to
consider dropping all of its claims
against SCO, or all of its potential
claims against Canopy, if either one
offers up compelling evidence of
Microsoft culpability.

Message ID: 245211
Posted By: al_petrofsky
Posted On: 2005-03-11 21:37:00
Subject: Shankland: Yarro gets SCO shares, cash

Stephen Shankland at
news.zdnet.com/2100-3513_22-5611945.html

> The settlement of the suits was
> announced in a statement released
> Friday by SCO, a small company that
> rose to prominence with a bold but
> faltering legal case that contends the
> Linux operating system violates its
> Unix intellectual property.

> Under the terms of the settlement,
> Yarro will receive all of Canopy's SCO
> shares, SCO said. In addition, Canopy
> paid Yarro, Mott and another former
> Canopy employee, Brent Christensen, an
> undisclosed amount of money. Yarro,
> Mott and Christensen have resigned
> from all roles at Canopy or companies
> Canopy invested in. Other terms
> weren't revealed.

Things are a bit weird, here:

(1) The press release that Yahoo has
says "8:12 pm ET", which is over an hour
ago, but nothing has shown up on
ir.sco.com

(2) The "statement released Friday by
SCO" to which Shankland refers is
clearly more extensive than the one in
the press release on Yahoo.

(3) Mims reported that a statement was
expected today from Yarro and Canopy,
not SCO. Shankland makes no mention of
such a statement.

(4) The press release talks about "the
recently announced settlement by The
Canopy Group and its former management",
and rather than directly telling us
anything about the settlement, the
release says "SCO is pleased that the
final settlement ... *has* *removed*
[emphasis added] any uncertainty
regarding ...", as if the world has
already read all about it.

I'm thinking that maybe SCO was told
that the joint statement from Yarro and
Canopy would come out this afternoon,
and in anticipation of that, they sent
the release to PRnewswire and told them
to release it at the end of the day,

... but then something went wrong, and
no joint statement ever came from Yarro
and Canopy.

Message ID: 245225
Posted By: saltydogmn
Posted On: 2005-03-11 23:13:00
Subject: Fsck off, Ralph Yarro.

You and your buddies call yourselves "devout Mormons". Really? Does the Mormon faith allow for scams like the one you're running with the SCO Group (SCOXE)? Over 2 years have elapsed, and all your side can do is delay, delay, delay. You have shown ZERO evidence, even after the court has told you to do so explicitly - TWICE - and everyone involved in the original contract negotiations has already debunked and voided every convoluted interpretation and theory your side has concocted.

You have no case.
You have no copyrights.
You have no evidence.
You have no standing in court.

You do, however, thanks to your scheming ways, have a huge pile of soon-to-be-worthless shares of SCOXE. I hope you lose your big fat ass on them. Your fellow congregation members must be so proud of the way you manipulated the Noordas.

On behalf of elderly people throughout the USA, I sincerely hope you rot in hell.

P.S. Like the header says, fuck off, Ralph Yarro. You are a disgrace to the people of Utah.

Message ID: 245255
Posted By: al_petrofsky
Posted On: 2005-03-12 01:35:00
Subject: Canopy statement on groklaw, unnoticed?

Well, this is weird: it looks like the
joint statement we were waiting for from
the parties to the Canopy suits may have
been placed on groklaw back at 19:38
EST, 34 minutes before SCO's press
release, but has gone unnoticed.

Anthony Kaye is the name of the attorney
who argued at the January 31 hearing on
behalf of Mustard, Canopy, the Noordas,
and the NFT. (see
scofacts.org/yarro-2005-02-08-transcript.html
)

According to this page:

groklaw.net/users.php?mode=profile&uid=8430

Somebody created groklaw account 8430,
named "Anthony Kaye", at 19:32. Six
minutes later, he made comment 288557
under a story from Thursday morning:

groklaw.net/article.php?story=20050310114356501#c288557

Canopy Settlement Terms Will Be
Confidential & More Docs

Authored by: Anthony Kaye
on Friday, March 11 2005 @ 07:38 PM EST

The following joint press release was
issued this afternoon:

Press
Release

March 11, 2005, Lindon, Utah: Ralph
Yarro, Darcy Mott and Brent Christensen,
and Mrs. and Mrs. Raymond Noorda, The
Noorda Family Trust, the Canopy Group,
Inc., Canopy's CEO, William Mustard,
Terry Peterson and Val Noorda Kreidel
announced today that they have reached
an agreement to amicably settle all
claims in the pending litigations
amongst the parties. Under the
agreement, Messrs. Yarro, Mott and
Christensen will receive an undisclosed
amount of money, and Mr. Yarro will
receive Canopy's shares of SCO
stock. Messrs. Yarro, Mott and
Christensen have resigned from all
positions they held with Canopy and
Canopy's portfolio companies, and they
will cease to hold any interest in
Canopy. The other terms of the agreement
are confidential.

Message ID: 245317
Posted By: thaddeusbeier
Posted On: 2005-03-12 10:45:00
Subject: Mims' article on Yarro/Canopy stlmnt

Bob Mims has an article in today's Salt Lake Tribune about the settlement here:

www.sltrib.com/business/ci_2605421

No new news, although he did get a few words from Yarro's attorney, Stan Preston -- "[I]t is not my clients who are paying cash to settle this case. My clients are very pleased with the settlement, which will allow them to continue to assist companies and create jobs in Utah. They are happy to have this matter behind them so that they can move forward with their lives."

The article states that one of the settlement terms is that "The trio [Yarro, Mott, and Christenson] cuts all ties to Canopy with one exception: Yarro remains chairman of SCO Group and Mott remains an SCO director." It seems to me that even that tie has been cut -- that it appears that SCO is out from under the Canopy umbrella and Yarro et al have no link at all to Canopy any more.

Thad Beier

Thad

Message ID: 245362
Posted By: karl_w_lewis
Posted On: 2005-03-12 14:30:00
Subject: Enabling Ralph

Sorry, you are perfectly safe to just ignore this post... I'm just sitting around doing some laundry and thinking... .

The Noordas, and Mr. Mustard have done it, again; like countless other "victims" before them they have validated Ralph's apparently sick, twisted view of the world.

With only *one* exception to date, (at least from the popular and readily available examples), every time Ralphie-boy engages in litigation he walks away with money. For Ralph, the courts aren't about justice, the courts are a stinking ATM; Ralphie just walks up, has his lawyers file a few motions, and after a brief pause and some odd noises, out comes some cash.

Daimler-Chrysler has been the sole exception to date, as near as I can tell.

Ralphie stood accused of, with his friends, simply pocketing some $25 Million from Canopy. Things were looking black for Ralph, but no problems - he just files a lawsuit and suddenly, *poof*, the problem goes away, and out comes *more cash*.

No wonder he's so confused by IBM's intransegence; this has worked for him almost every other time. He doesn't need evidence; he doesn't need the law; he needs only the courts - he files and he gets paid.

By paying Ralphie off, the Noordas may have saved themselves some time, trouble and embarrassment, but they have then left it to the rest of us, (or, IBM, really), to clean up their mess. Now IBM has to teach Ralphie that filing a lawsuit isn't always the right thing to do. And if IBM doesn't just crush him and put him, (and his family, I presume), out on the street in a cardboard box, count on it - he will be back, filing lawsuits and rebuilding or increasing his fortune that way.

He's a one trick pony, but hey, this trick really, really works for him.

KWL

Maybe sociopath's just shouldn't be put in charge of companies.

The texts of these Yahoo Message Board posts have been licensed for copying and distribution by the Yahoo Message Board users "al_petrofsky", "diogenese19348", "hamjudo2000", "mersenne137", "stats_for_all", "atul666", "saltydogmn", "thaddeusbeier", "karl_w_lewis" under the following license: License: CCL Attribution-NonCommercial-ShareAlike v2.0.