0001104659-04-006332.txt : 20040303 0001104659-04-006332.hdr.sgml : 20040303 20040303130613 ACCESSION NUMBER: 0001104659-04-006332 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20040303 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20040303 FILER: COMPANY DATA: COMPANY CONFORMED NAME: SCO GROUP INC CENTRAL INDEX KEY: 0001102542 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PREPACKAGED SOFTWARE [7372] IRS NUMBER: 870662823 STATE OF INCORPORATION: DE FISCAL YEAR END: 1031 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-29911 FILM NUMBER: 04645341 BUSINESS ADDRESS: STREET 1: 355 S 520 W, SUITE 100 CITY: LINDON STATE: UT ZIP: 84042 BUSINESS PHONE: 8017654999 FORMER COMPANY: FORMER CONFORMED NAME: CALDERA INTERNATIONAL INC/UT DATE OF NAME CHANGE: 20001101 FORMER COMPANY: FORMER CONFORMED NAME: CALDERA SYSTEMS INC DATE OF NAME CHANGE: 20000104 8-K 1 a04-3066_28k.htm 8-K

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

FORM 8-K

CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (Date of earliest event reported) March 3, 2004

The SCO Group, Inc.
(Exact name of registrant as specified in its charter)

Delaware		0-29911		87-0662823
(State or other jurisdiction of incorporation)		(Commission File Number)		(IRS Employer Identification)

355 South 520 West

Lindon, Utah 84042

(Address of principal executive offices, including Zip Code)

Registrant’s telephone number, including area code: (801) 765-4999

N/A

(Former name or former address, if changed since last report)

Item 5. Other Events and Regulation FD Disclosure.

On March 3, 2004, The SCO Group, Inc. issued a press release related to a copyright infringement lawsuit it filed against AutoZone, Inc., which is attached to this Current Report on Form 8-K as Exhibit 99.1, and a press release related to a lawsuit it will file today against DaimlerChrysler Corporation, which is attached to this Current Report on Form 8-K as Exhibit 99.2.

Item 7. Financial Statements and Exhibits.

99.1 Press Release of The SCO Group, Inc. dated March 3, 2004, regarding its copyright infringement lawsuit against AutoZone, Inc.

99.2 Press Release of The SCO Group, Inc. dated March 3, 2004, regarding its lawsuit to be filed against DaimlerChrysler Corporation

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

Dated: March 3, 2004

	By:	/s/ Robert K. Bench
		Chief Financial Officer
		Principal Financial and Accounting Officer

EXHIBIT INDEX

Exhibit No.		Description
99.1		Press Release of The SCO Group, Inc. dated March 3, 2004, regarding its copyright infringement lawsuit against AutoZone, Inc.
99.2		Press Release of The SCO Group, Inc. dated March 3, 2004, regarding its lawsuit to be filed against DaimlerChrysler Corporation

EX-99.1 3 a04-3066_2ex99d1.htm EX-99.1

Exhibit 99.1

SCO FILES COPYRIGHT INFRINGEMENT LAWSUIT AGAINST AUTOZONE

Lawsuit Alleges Copyright Act Violations for Infringing Uses

of SCO’s Copyright Protected UNIX System V Technology

LAS VEGAS—March 3, 2004—The SCO Group, Inc. (NASDAQ: SCOX), the owner of the UNIX^®operating system and a leading provider of UNIX-based solutions, today announced it has filed suit against AutoZone, Inc., for its alleged violations of SCO’s UNIX copyrights through its use of Linux.

SCO’s lawsuit alleges the following:

• AutoZone violated SCO’s UNIX copyrights by running versions of the Linux operating system that contain code, structure, sequence and/or organization from SCO’s proprietary UNIX System V code in violation of SCO’s copyrights.

The lawsuit, filed in U.S. District Court in Nevada, requests injunctive relief against AutoZone’s further use or copying of any part of SCO’s copyrighted materials and also requests damages as a result of AutoZone’s infringement in an amount to be proven at trial.

The company will discuss this announcement as part of its regularly scheduled conference call related to first quarter earnings, scheduled for Wednesday, March 3 at 11:00 a.m. Eastern time. To participate on the call, individuals may dial 1-800-818-5264 or 1-913-981-4910 and use the confirmation code: 141144. Alternatively, a listen-only live web cast is available at http://ir.sco.com/medialist.cfm. Call participants are encouraged to dial in 15 minutes before the scheduled start time.

Forward-Looking Statements

This press release contains forward-looking statements regarding SCO’s lawsuit against AutoZone. These forward-looking statements relate to SCO’s allegations against AutoZone and the relief sought by SCO. These forward-looking statements are subject to risks and uncertainties including, without limitation, the risk that SCO may not be successful in its claims against AutoZone and that the pursuit of protections for SCO’s copyrights will require the expenditure of resources and may result in further litigation. These forward-looking statements are also subject to the risks and uncertainties set forth in SCO’s filings with the Securities and Exchange Commission.

About SCO

The SCO Group (NASDAQ: SCOX) helps millions of customers in more than 82 countries to grow their businesses everyday. Headquartered in Lindon, Utah, SCO has a worldwide network of more than 11,000 resellers and 4,000 developers. SCO Global Services provides reliable localized support and services to partners and customers. For more information on SCO products and services, visit http://www.sco.com.

SCO, and the associated SCO logo are trademarks or registered trademarks of The SCO Group, Inc. in the U.S. and other countries. UNIX is a registered trademark of The Open Group. Linux is a registered trademark of Linus Torvalds.

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EX-99.2 4 a04-3066_2ex99d2.htm EX-99.2

Exhibit 99.2

FOR IMMEDIATE RELEASE

Contact:

Blake Stowell/Marc Modersitzki	Dave Close/Avi Dines
The SCO Group	Schwartz Communications
bstowell@sco.com	sco@schwartz-pr.com
Tel: (801) 932-5703/ (801) 932-5635	Tel: (781) 684-0770
www.sco.com

SCO TO FILE LAWSUIT AGAINST DAIMLERCHRYSLER CORPORATION

Lawsuit Alleges Breach of DaimlerChrysler’s UNIX Software Agreement

DETROIT—March 3, 2004—The SCO Group, Inc. (NASDAQ: SCOX), the owner of the UNIX^®operating system and a leading provider of UNIX-based solutions, today announced a lawsuit to be filed against DaimlerChrysler Corporation for its alleged violations of its UNIX software agreement with SCO.

SCO’s lawsuit seeks the following relief:

• Enter an order that DaimlerChrysler has violated § 2.05 of the Software Agreement by refusing to provide the certification of compliance with the “provisions” of that Agreement;

• Enter an order permanently enjoining DaimlerChrysler from further violations of the DC Software Agreement; and

• Issue a mandatory injunction requiring DaimlerChrysler to remedy the effects of its past violations of the DaimlerChrysler Software Agreement; and

• Award damages in an amount to be determined at trial; and

• Enter judgment in favor of Plaintiff together with costs, attorneys’ fees and any such other or different relief that the Court may deem to be equitable and just.

The lawsuit will be filed in the Oakland County Circuit Court in the State of Michigan today. The company will discuss this announcement as part of its regularly scheduled conference call related to first quarter earnings, scheduled for Wednesday, March 3 at 11:00 a.m. Eastern time. To participate on the call, individuals may dial 1-800-818-5264 or 1-913-981-4910 and use the confirmation code: 141144. Alternatively, a listen-only live web cast is available at http://ir.sco.com/medialist.cfm. Call participants are encouraged to dial in 15 minutes before the scheduled start time.

Forward-Looking Statements

This press release contains forward-looking statements regarding SCO’s lawsuit against DaimlerChrysler. These forward-looking statements relate to SCO’s allegations against DaimlerChrysler and the relief sought by SCO. These forward-looking statements are subject to risks and uncertainties including, without limitation, the risk that SCO may not be successful in its claims against DaimlerChrysler and that the pursuit of protections for SCO’s software agreements will require the expenditure of resources and may result in further litigation. These forward-looking statements are also subject to the risks and uncertainties set forth in SCO’s filings with the Securities and Exchange Commission.

About SCO

SCO, and the associated SCO logo are trademarks or registered trademarks of The SCO Group, Inc. in the U.S. and other countries. UNIX is a registered trademark of The Open Group.

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