For the first quarter and the second quarter, the Company expects to reclassify accrued dividends related to the Company's previously issued Series A and Series A-1 Convertible Preferred Stock from equity to current liabilities in the amounts of approximately $879,000 and $1,619,000, respectively. In October 2003, the Company issued shares of Series A Convertible Preferred Stock in connection with its $50,000,000 private placement, which shares were subsequently exchanged for and replaced with shares of Series A-1 Convertible Preferred Stock. When the Company repurchased all outstanding shares of Series A-1 Convertible Preferred Stock in July 2004, the Company's obligation to pay dividends on such shares terminated. The accrued dividends were never paid and ultimately were recorded in equity upon the completion of the repurchase transaction. In addition, the dividends were properly captured in the calculation of earnings per share in the periods above.

I'm sure we'll be getting more analysis and hopefully a transcribed version here on the site soon.

"there is no 'expectation of privacy' in case file information".

Exhibit E has received less attention. It is a copy of Darl McBride's letter to Sam Palmisano of IBM, giving notice of alleged breaches of the software agreements, and demanding a cure of the breaches within 100 days.

I transcribed this document almost a year ago for Groklaw, but so far as I know it was never published there, nor does it appear to be available elsewhere any more. At least, I couldn't find it on SCO's site, nor on tuxrocks.

Images of the opposition and reply briefs on SCO's motion to stay the Daimler case are now available.

Naturally we hate SCO because of what they have tried to do.  They have attempted to defame Linux, accusing the code contributors of being thieves on a massive scale.  They have tried to remove Linux from being a free (as in speech) operating system and make it commercial.  And they have also shown themselves to be of unrelentingly malevolent character.  The lies they have told are legion and nearly legendary.

While the federal courts continue to do their best glacier impressions, SCO is currently scheduled to encounter an actual trial less than 40 days from now (on January 7) in Michigan's 6th Circuit.

Here are the details of my attempt to get the sources for a Linux kernel which SCO had distributed in binary form on its public FTP site. Although my correspondence with a representative of SCO support was polite, and I appreciate his responses, he ultimately refused by fulfull SCO's obligations under the GPL, citing instead a SCO "Legal Notice." As an aside, binaries and sources for other versions of the Linux 2.4 kernel are still available from SCO now, by public FTP, and without any such "Legal Notice" in sight.

IANAL, etc.