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Darl McBride (born 1959) is the former CEO of The SCO Group. He became the CEO of Caldera International on June 28, 2002.

On March 7, 2003, during McBride's tenure as CEO of the company, The SCO Group initiated litigation against IBM alleging breach of contract and other claims that IBM and members of the Linux operating system developer community had infringed SCO's intellectual property rights in the Unix operating System. After the United States District Court issued a ruling and findings of fact that the Unix Copyrights were owned by Novell, SCO's claims were dismissed by the United States District Court in Utah. (SCO's appeal is currently awaiting ruling from the 10th District Court in Denver)

On September 14, 2007, SCO filed for Chapter 11 bankruptcy protection after the Court ruled the company was liable to Novell for Unix licensing royalties and was in breach of its covenants with Novell.

On October 14, 2009, McBride was terminated as Chief Executive Officer and President of The SCO Group. [1]

Contents

Education and personal life

McBride graduated from Brigham Young University with a degree in Sociology and then earned a Masters Degree in Industrial Relations from the University of Illinois at Urbana-Champaign. While at the University of Illinois McBride was awarded a fellowship from the IBM Corporation.

McBride is fluent in Japanese and spent two years in Japan as a missionary for The Church of Jesus Christ of Latter-day Saints.[2]

Career

From 1988 to 1996, McBride was a manager at Novell, where he managed the business relationship with Novell KK (Japan) and later was promoted to vice president and general manager of Novell's Embedded Systems Division (NEST). He later left Novell to become senior vice president of IKON Office Solutions.

IKON fired him in 1998 after his involvement in the execution of 33 business acquisitions.[3] McBride then sued IKON for $10 million, claiming breach of contract, nonpayment of wages, and fraud. IKON counter-sued, and the case was eventually settled.

McBride was subsequently involved in two startups: SBI and Company, a professional services company, which he founded and served as CEO, and later PointServe, a software company of which he was also CEO. He raised venture capital for both of these companies.[3] McBride was the president of Franklin Covey's online planning business from August 2, 2000 until a few months prior to joining the SCO Group as CEO.[4]

Linux controversy

McBride has been controversial in the information technology industry for his role as the CEO of SCO in asserting broad claims of intellectual property ownership of the various UNIX operating systems derivatives developed by IBM under a license originally granted by AT&T. Open source, free software and Linux developers and supporters, and the computer industry at large have been outspoken and highly critical and skeptical of McBride and SCO's claims in these areas.

Ty Mattingly, a former Novell Executive Vice President and co-worker of McBride was quoted as saying, "Congratulations. In a few short months you've dethroned Bill Gates as the most hated man in the industry."[5] McBride claimed he received death threats as a result of the SCO-IBM lawsuits, and a package of worms mailed to his home, prompting him to carry a firearm and to employ multiple bodyguards. [3]

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Leadership of Caldera/SCO

Under McBride's leadership, SCO saw a surge in stock prices from under $2 on March 18, 2003 to over $20 just 6 months later. Following several adverse rulings issued by the United States District Court in Utah, SCO's stock value dropped to under $1. On April 27, 2007, NASDAQ served notice that the company would be de-listed if SCO's stock price did not increase above $1 for a minimum of 10 consecutive days over the course of 180 business days, ending October 22, 2007. [6]

On August 10, 2007, the United States District Court in Utah issued a ruling that Novell had retained copyright ownership of the System V UNIX copyrights and that SCO was in breach of its covenants to provide Novell with the previously agreed royalties to the Unix technology Novell had originally sold to SCO. Following this ruling, the value of SCO stock fell to just $0.44 per share, a one-day drop of more than 70%. On September 14, 2007, SCO filed for Chapter 11 bankruptcy protection[7] , and by September 18 its share price had reached $0.18 per share.

On December 21, 2007, SCO received NASDAQ delisting notice and trading was suspended on December 27, 2007.[8] The stock price was $0.12 per share.

Proposed resignation from SCO

One of the reorganization plans put forward by SCO as part of its bankruptcy proceedings in Delaware required McBride to resign from SCO. The Memorandum of Understanding (MOU) between SCO and SNCP (Stephen Norris & Co. Capital Partners) included the note that "upon the effective date of the Proposed Plan of Reorganization, the existing CEO of the Company, Darl McBride, will resign immediately." The plan called for "a favorable resolution of the Novell/IBM Litigation". [9]. The plan was withdrawn by SCO following objections which highlighted the lack of detail given to the court and other interested parties about the plan.

Notes

External links


Darl Charles McBride (born 1959) is the former CEO of The SCO Group. He became the CEO of Caldera International on June 28, 2002.

On March 7, 2003, during McBride's tenure as CEO of the company, The SCO Group initiated litigation (SCO v. IBM) against IBM, alleging breach of contract and copyright infringement claims connected to Unix. After Novell responded by denying they had sold copyrights to SCO, SCO filed a new lawsuit, SCO v. Novell, alleging slander of title, and later other claims. In August 2007, the United States District Court for the District of Utah ruled that Novell owned the copyrights at issue. SCO filed for Ch. 11 bankruptcy on the eve of the planned September 2007 trial. In July 2008, the district court awarded Novell $2.5 million in monetary damages. SCO appealed both decisions, and in August 2009 the United States Court of Appeals for the Tenth Circuit upheld the monetary damages while reversing and remanding other issues for trial.

On October 14, 2009, McBride was terminated as Chief Executive Officer and President of The SCO Group. [1]

Contents

Education and personal life

McBride graduated from Brigham Young University with a degree in Sociology and then earned a Masters Degree in Industrial Relations from the University of Illinois at Urbana-Champaign. While at the University of Illinois McBride was awarded a fellowship from the IBM Corporation.

McBride is fluent in Japanese and spent two years in Japan as a missionary for The Church of Jesus Christ of Latter-day Saints.[2]

Career

From 1988 to 1996, McBride was a manager at Novell, where he managed the business relationship with Novell KK (Japan) and later was promoted to vice president and general manager of Novell's Embedded Systems Division (NEST). He later left Novell to become senior vice president of IKON Office Solutions.

IKON fired him in 1998 after his involvement in the execution of 33 business acquisitions.[3] McBride then sued IKON for $10 million, claiming breach of contract, nonpayment of wages, and fraud. IKON counter-sued, and the case was eventually settled.

McBride was subsequently involved in two startups: SBI and Company, a professional services company, which he founded and served as CEO, and later PointServe, a software company of which he was also CEO. He raised venture capital for both of these companies.[3] McBride was the president of Franklin Covey's online planning business from August 2, 2000 until a few months prior to joining the SCO Group as CEO.[4]

On April 9, 2010 McBride purchased the SCO Mobility intellectual property from The SCO Group for $100,000.[5]

Linux controversy

McBride has been controversial in the information technology industry for his role as the CEO of SCO in asserting broad claims of intellectual property ownership of the various UNIX operating systems derivatives developed by IBM under a license originally granted by AT&T. Open source, free software and Linux developers and supporters, and the computer industry at large have been outspoken and highly critical and skeptical of McBride and SCO's claims in these areas.

Ty Mattingly, a former Novell Executive Vice President and co-worker of McBride was quoted as saying, "Congratulations. In a few short months you've dethroned Bill Gates as the most hated man in the industry."[6] McBride claimed he received death threats as a result of the SCO-IBM lawsuits, and a package of worms mailed to his home, prompting him to carry a firearm and to employ multiple bodyguards. [3]

Leadership of Caldera/SCO

Under McBride's leadership, SCO saw a surge in stock prices from under $2 on March 18, 2003 to over $20 just 6 months later. Following several adverse rulings issued by the United States District Court in Utah, SCO's stock value dropped to under $1. On April 27, 2007, NASDAQ served notice that the company would be de-listed if SCO's stock price did not increase above $1 for a minimum of 10 consecutive days over the course of 180 business days, ending October 22, 2007. [7]

On August 10, 2007, the United States District Court in Utah issued a ruling that Novell had retained copyright ownership of the System V UNIX copyrights and that SCO was in breach of its covenants to provide Novell with the previously agreed royalties to the Unix technology Novell had originally sold to SCO. Following this ruling, the value of SCO stock fell to just $0.44 per share, a one-day drop of more than 70%. On September 14, 2007, SCO filed for Chapter 11 bankruptcy protection[8] , and by September 18 its share price had reached $0.18 per share.

On December 21, 2007, SCO received NASDAQ delisting notice and trading was suspended on December 27, 2007.[9] The stock price was $0.12 per share.

Proposed resignation from SCO

One of the reorganization plans put forward by SCO as part of its bankruptcy proceedings in Delaware required McBride to resign from SCO. The Memorandum of Understanding (MOU) between SCO and SNCP (Stephen Norris & Co. Capital Partners) included the note that "upon the effective date of the Proposed Plan of Reorganization, the existing CEO of the Company, Darl McBride, will resign immediately." The plan called for "a favorable resolution of the Novell/IBM Litigation". [10]. The plan was withdrawn by SCO following objections which highlighted the lack of detail given to the court and other interested parties about the plan.

On October 14, 2009, McBride was terminated as Chief Executive Officer and President of The SCO Group.

Notes

External links


Quotes

Up to date as of January 14, 2010

From Wikiquote

Darl McBride was CEO of The SCO Group.

  • And C++ programming languages, we own those, have licensed them out multiple times, obviously. We have a lot of royalties coming to us from C++. (August 15, 2002, [1])
  • Obviously Linux owes its heritage to UNIX, but not its code. We would not, nor will not, make such a claim. (August 28, 2002, [2])
  • IBM has taken our valuable trade secrets and given them away to Linux. (March 7, 2003, [3])
  • This case is about IBM not stepping up to what we feel are contract violations. (March 7, 2003, [4])
  • From what I hear, IBM will blacken the Utah sky with lawyers. (April 24, 2003, [5])
  • We're not talking about insignificant amounts of code. It's substantial System V code showing up in Linux. (April 24, 2003, [6])
  • Linux doesn't have IP roots. (April 24, 2003, [7])
  • We turned 3 different teams of code programmers loose on the code bases of AIX, Unix and Linux. And they came back with - independently - we had the three teams - one was a set of high-end mathematicians, rocket scientist, modeling type guys. Another team was based on standard programmer types. A third team were really spiffy on agent technology and how all of this technology was built in the first place. So the three teams came back independently and validated that there wasn't just a little bit of code showing up inside of Linux from our Unix intellectual property base. There was actually a mountain of code showing up in there. (July 21, 2003, [8])
  • When we take a top-tier view of the amount of code showing up inside of Linux today that is either directly related to our Unix System 5 that we directly own or is related to one of our flavors of Unix that we have derivative works rights over--we don't necessarily own those flavors, but we have control rights over how that information gets disseminated--the amount is substantial. We're not talking about just lines of code; we're talking about entire programs. We're talking about hundred [sic] of thousands of lines of code. (16 June 2003, [9])
  • We counted over a million lines of code that we allege are infringed in the Linux kernel today. (September 11, 2003, [10])
  • We didn't start this, but we're going to finish it. (August 2, 2004, [11])

Quotes about Darl McBride

  • "If Darl McBride was in charge, he'd probably make marriage unconstitutional too, since clearly it de-emphasizes the commercial nature of normal human interaction, and probably is a major impediment to the commercial growth of prostitution." -- Linus Torvalds

See also

More Darl McBride quotes from Groklaw

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