“On my birth certificate, under my father’s occupation, it says cowboy. So I will admit to being a cowboy, but not sue-happy.”

– Former SCO CEO Darl McBride, November 2003

Looks like Darl McBride, SCO’s “sue-happy cowboy” CEO, has seen his last roundup. In a new 8-K filing with the Security and Exchange Commission, the company reveals that under the order of a bankruptcy court, it has eliminated the chief executive officer and president positions and consequently sacked McBride.

Which means SCO’s seemingly endless legal campaign may have finally found its end. For though the company says it plans to pursue litigation against IBM (IBM) and Novell (NOVL), there seems little promise in it now. SCO is mired in bankruptcy. It’s evidently still unable to prove that Linux illegally contains its UNIX System V source code. And now it has fired the guy who devoted the past six years attempting to do just that.

And, frankly, SCO is better off for it. As Free Software Foundation General Counsel Eben Moglen once said, “As an amateur scholar of constitutional law, Mr. McBride is longer than he is deep.” And this does appear to be the case. Because despite vast swaths of evidence to the contrary, McBride always appeared certain that SCO had successfully defended its intellectual property in court.

“We’ve obviously overachieved on that objective,” McBride said of SCO’s efforts to defend against IBM’s alleged intellectual property infringements in 2004. “If I had to make this decision [to sue IBM] ten times over, the decision would be the same one ten times. Big Blue is no doubt a formidable opponent and we still expect to win. Keep your eye on the [court] filings. Over the coming year, one of the things that you’re going to see is that Big Blue has got big problems.”

Obviously, Big Blue wasn’t the one with the big problems.

Nortel Networks has rejected Research In Motion’s bid for the wireless infrastructure assets Nortel is unloading as part of bankruptcy proceedings. RIM said Monday night that it intended to offer $1.1 billion for Nortel’s CDMA and LTE businesses, but was told it could do so only if it agreed not to bid on other Nortel assets, something it had intended to do.

In a blistering statement, RIM (RIMM) accused Nortel (NT) of imposing unfair conditions on the court-supervised auction of its assets and of jeopardizing their continued Canadian ownership.

“RIM is extremely disappointed that Nortel’s world leading technology, the development of which has been funded in part by Canadian taxpayers, seems destined to leave Canada,” said co-CEO Jim Balsillie. “RIM remains extremely interested in acquiring Nortel assets through a Canadian ownership solution that would serve the dual purpose of keeping key wireless technologies in Canada and extending RIM’s leadership in the research, development and distribution of leading edge wireless solutions, but RIM has found itself blocked at every turn.”

Why? Nortel says RIM was late to the game and hasn’t followed proper auction procedure.

“Other parties moved expeditiously to comply with the court approved procedures to become a qualified bidder,” the company said in a statement. “It was not until July 15, 2009, that RIM submitted a letter to Nortel asking to be a qualified bidder and since that time, Nortel has diligently attempted to work with RIM on acceptable confidentiality terms relating to Nortel’s valuable intellectual property assets, but RIM refused to comply with the court approved procedures.”

What’s really going on here? It’s hard to say, though clearly there’s more to the story. After all, RIM’s $1.1 billion bid is far, far more than Nokia Siemens’s stalking horse bid of $650 million. And what does RIM want with the CDMA business, anyway?

In a filing with the Securities and Exchange Commission, Sirius XM said it will raise Karmazin’s base salary to $1.5 million from $1.25 million beginning on Jan. 1, 2010, and grant him an option to purchase 120 million shares at an exercise price of 43 cents a share. His reward for steering the company clear of bankruptcy after driving it right up to its very edge, I suppose.

Sirius (SIRI) investors who’ve seen their stock plunge to 46 cents from $2 a share can be forgiven for questioning the wisdom of such a move and wondering if perhaps there wasn’t a better use for a quarter of a million dollars at a time when the company is buried in debt. But there’s nothing much to be done about it now. Suffice it to say, the odds of Karmazin being forced out at this point are likely pretty slim.

PREVIOUSLY:

• Fee Increase Coming for Sirius XM Subscribers [Internal Doc]
• Sirius Founder: You’re 10 Years Too Late, Karmazin
• Call Me Mel “Save-My-Own-Keister” Karmazin
• Sirius-EchoStar-Liberty: Ménage-à-Blah
• Sirius: Give Me Liberty or Give Me Ergen
• A Bankruptcy Filing, Mel? Surely You Can’t Be Sirius…
• Sirius Rolls Out New 24 Hour Investor Keening Channel
• Sirius Debt Problems? Call EchoStar! No Upfront Fees!
• Sirius XM: The Beginning of the End or the End of the Beginning?
• Your Report Card Is Your Stock Price? Guess Sirius Is Making Straight $.13’s…
• Trade You 77 shares of SIRI for 1 Month of “Sirius Everything”

Absent from the new Sirius app are a number of the broadcaster’s more popular channels, among them Howard Stern’s, which Sirius often claims are responsible for driving more subscriptions than any other. Also missing: MLB Play-by-Play, NFL Play-by-Play and Sirius NASCAR Radio.

That the company calls this app “Sirius XM Premium Online” when it fails to include much of the broadcaster’s more popular content is ironic. That it expects subscribers to pay an additional $2.99/month to access it after a week-long free trial is silly (Note: If you are already a Sirius XM Internet subscriber or subscribe to the company’s Premium Online service, Sirius waives that fee). Without Stern and those other channels, there’s really no reason to. There are far too many other ways to listen free music on the iPhone that don’t require a monthly subscription fee–Pandora, for example. Or Last.fm. And NormSoft’s Pocket Tunes app has been streaming Stern for months now.

Surely, Sirius knows this. So why not include Stern et al? Did a rights issue prevent Sirius from doing so? Did it convince itself that Jimmy Buffett’s Radio Margaritaville and Oprah Radio were compelling enough reasons to download the app? Or perhaps the company is planning a standalone Stern app for which it will charge separately. Or maybe Stern is working on that himself.

And seriously, doesn’t Sirius XM pay Stern too much not to include him?

In any event, the app is an enormous disappointment. Which is too bad. Because Sirius really could have used the few additional subscribers Sirius XM Premium Online might have attracted. With the souring economy weighing heavily on the auto industry–-a mainstay of Sirius’s business–-and partner Chrysler navigating bankruptcy, the struggling company is bracing itself for nasty subscriber losses this year.

If this is all that Sirius XM has to offer on the iPhone, it would have been wiser to do what Netflix (NFLX) did with its Watch It Now online streaming service–provide it gratis to active subscribers as a loyalty bonus. Without Sirius XM’s top-tier content, there’s little to differentiate its iPhone app from Pandora and Last.fm. And Pandora and Last.fm are free.

UPDATE: A quick review of the Sirius Internet Radio FAQ reveals that it is indeed licensing restrictions that prevent Sirius XM from offering NFL, MLB and NASCAR via the Internet and presumably via the iPhone as well. Those same restrictions, however, do not seem to apply to Howard Stern’s channels, which all appear in the Sirius Internet Radio lineup.

UPDATE: Sirius XM has declined comment on the Stern issue beyond what was already said in this morning’s press release.

Also: Debtor is suffering under mounting legal costs as it is steadily beaten into submission by Apple (AAPL) and its notoriously vicious legal team.

Pystar’s bankruptcy declaration will delay Apple’s copyright-infringement suit against it, but only temporarily. In the meantime, the company will be allowed to continue to do business and perhaps, strengthen its defense. But on June 5, the date of its bankruptcy hearing, things could get nasty. Psystar will almost certainly be forced to reveal its financial backers, and if they are the nefarious Svengalis that Apple claims, there may be hell to pay.

“Chrysler’s bankruptcy and announced factory shut-down will impact second quarter numbers by reducing the number of prepaid bundled subscriptions associated with the production and shipment of new cars,” Jim Meyer, Sirius’s President of Operations and Sales, said during a conference call last week. “There will be a noticeable hit to subscribers in the second quarter, as a result of these production halts.”

A noticeable hit. What does that mean? Sirius didn’t say at the time, but a filing the company made with the SEC today gives us a clearer picture–and it’s not a pretty one. Chrysler sent quite a bit of new business Sirius’s way. From the Risk Factors item in the company’s 10-Q filing:

We do not expect to generate a significant number of new subscribers from Chrysler while its plants are closed. During the year ended December 31, 2008, Chrysler produced approximately 900,000 vehicles which included a satellite radio and a prepaid subscription to our service. These subscribers represented approximately 16% of our gross subscriber additions in 2008.”

 
Now, there’s no telling how long the Chrysler factory shutdown will last, so it’s impossible to know how much of an impact it will have on Sirius. That said, if the company’s bankruptcy proceedings drag on for any length of time, it obviously does not bode well for Sirius, especially since XM is potentially facing a similar scenario with General Motors (GM). Again, from the Sirius 10-Q:

There is also significant uncertainty surrounding General Motors’ future and potential filing for bankruptcy protection. A bankruptcy filing by General Motors could have similar effects on our subsidiary, XM.

And that would be grim news indeed. Because while Sirius has stopped counting on its auto partnerships to drive sales, it hasn’t yet established other means of driving subscriptions.

And it was a nasty decline.

The company ended the quarter with 18.6 million subscribers–up 3.5 percent from a year earlier but down 404,000 subscribers from the preceding quarter. Sirius added 1,338,961 new customers. But it lost 1,743,383.

Given that and the state of the auto industry on which the company is so dependent for new subscribers, how will it ever attain CEO Mel Karmazin’s goal of 20.6 million subscribers by end of ’09? Hard to say, especially when Sirius expects to see another “noticeable hit” to its subscribers in its next quarter. That didn’t stop the company from raising its 2009 forecast to $350 million, adjusted from more than $300 million. Karmazin said that “satellite radio is now a cash flow growth story.”

Tell that to your subscribers.

“We do not intend to file for bankruptcy….We have lots of plans to grow our business.”

– Blockbuster spokesperson Karen Raskopf, March 3, 2009

Blockbuster in a Monday filing told the Securities and Exchange Commission what anyone who’s observed its fast-declining fortunes has known for some time now: The company isn’t sure it can stay in business much longer. In a PricewaterhouseCoopers assessment included as part of its latest 10-K, Blockbuster (BBI) acknowledged that its financial situation raises “substantial doubt about the Company’s ability to continue as a going concern” and said it may have to close its doors if its financial situation doesn’t improve in the near future. Seems that $250 million revolving loan Blockbuster announced last week is conditional, and the video rental chain says there is “no assurance” that it can meet its requirements.

An unfortunate turn of events for Blockbuster, but far from an unexpected one. The company did not fare well in its battle against DVD-by-mail pioneer Netflix (NFLX), and its recent efforts to stay relevant have been head-shakers at best. A $1.3 billion gambit for an electronics chain that would go bankrupt less than a year later? A weak (and costly) set-top box offering that would later be made redundant by a deal with TiVo (TIVO)? A vending-machine program with partner NCR (NCR) that, like its entry into the DVD-by-mail market is late to a game it’s already losing? And all these things conceived and launched amid a challenging macroeconomic environment and constrained capital markets. Sad, really. Hard to imagine that 10 years ago Reed Hastings was doing all that he could to convince Blockbuster to buy Netflix…

“Lately Silicon Graphics Inc. has had the kind of upward momentum associated with the hit movies produced with its whizzy high-powered work stations, like ‘Terminator 2: Judgment Day’ and ‘Jurassic Park.’ After the company outperformed Wall Street’s earnings estimates last week and the stock jumped 15 percent, analysts scrambled to upgrade ratings and future earnings forecasts.”

– Silicon Graphics’ Hot Run Goes On, New York Times, 1994

Time was, there was a Silicon Graphics (SGIC) workstation on every desk in computationally-intense industries like chemistry and film production. No longer. Cheap Linux boxes have rendered them obsolete and SGI, the company, along with them. This morning, SGI, which recently endured a brace of layoffs, filed for bankruptcy protection for a second time and sold itself to Rackable Systems, which makes server and storage products for midsize and large data centers, for $25 million in cash.

“We have been working very hard to strengthen our company, and today, we’ve taken another big step in that direction,” SGI CEO Robert Ewald said in a statement that would make even the most exuberant of SGI-optimists wince. “This transaction represents a compelling opportunity for Silicon Graphics’ customers, partners and employees, who can all benefit from the emerging stronger company with better technologies, products and markets [sic] reach.”

A sad ending for SGI, which really reinvented computer graphics and made quite a name for itself in the high-performance computing space back in the day.

A sad turn of events for a company that was once a cornerstone of the telecom industry. For while the sale of those divisions would generate some much needed cash, they would also make it tougher for Nortel (NT) to emerge from bankruptcy protection as a viable company.