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Yeh, frankly, I was surprised by the rebound from the lows after the call. I like the company and think they are well positioned but they are a bit rich right now given the economic slow down. On my watch list though.
Good luck!
-Fritz
Shares of Red Hat Inc. dropped a day after the company behind the Linux open source operating system gave a revenue outlook below Wall Street's expectations, but Friday, looked like people were eager to snap up those shares.
tech stocks slumped for the week, not RedHat. Nice close Friday.
Earnings results on June 20, 2012, after market close.
Great article from Seeking Alpha
http://seekingalpha.com/article/653071-earnings-preview-red-hat-inc?source=email_rt_article_readmore&ifp=0
Good luck!
-Fritz
Technology Industry Visionaries to Keynote Red Hat Summit and JBoss World 2012
Red Hat, Inc. (NYSE: RHT), the world's leading provider of open source solutions, today announced a lineup of keynote speakers featuring executive thought leaders from IBM, Accenture, HP, Intel and SAP AG, for the eighth annual Red Hat Summit and JBoss World to be held June 26-29, 2012 in Boston. Red Hat Summit and JBoss World bring together a diverse group of senior business and technical leaders to learn, network and experience open source and to discuss how innovative technologies and best practices can be applied to drive business transformation.
The keynote speakers for Red Hat Summit and JBoss World 2012 are top executives from companies at the forefront of the evolving technology landscape, including:
Accenture's Adam Burden, executive director, Cloud Application & Platform Services;
HP’s Steven Dietch, vice president of worldwide cloud, HP Enterprise Group;
IBM’s Robert LeBlanc, senior vice president, Software Group;
Intel’s Pauline Nist, general manager of Enterprise Software Strategy; and
SAP Sybase’s Irfan Khan, senior vice president and chief technology officer
“The IT landscape is shifting and transforming at a rapid pace,” said Paul Cormier, executive vice president and president, Products and Technologies at Red Hat. “These leaders offer unique perspectives about technology innovation and we look forward to these perspectives being shared at an event that is so deeply rooted in collaboration.”
In addition to the keynote speakers, the agenda for Red Hat Summit and JBoss World 2012 present IT and business decision-makers a holistic view of a range of topics from cost savings to interoperability, mobile, big data and, and cloud computing, to Linux, virtualization, storage and middleware.
IBM is the event's premier sponsor for the eighth consecutive year and platinum sponsors include Accenture, HP, Intel and SAP. These strategic partners will strengthen discussions around how IT organizations can transform in order to meet the demands of tomorrow. This year’s agenda and events will allow attendees to make a plan for this transformation, and will feature customer panels, product roadmaps, demonstrations and hands-on labs across a range of technical difficulty levels, as well as speaker representation from a range of professions and industries.
About Red Hat, Inc.
Red Hat, the world's leading provider of open source solutions and an S&P 500 company, is headquartered in Raleigh, North Carolina, USA, with more than 70 offices spanning the globe. Red Hat provides high-quality, affordable technology with its operating system platform, Red Hat Enterprise Linux, together with cloud, virtualization, management, storage and service-oriented architecture (SOA) solutions, including Red Hat Enterprise Virtualization and JBoss Enterprise Middleware. Red Hat also offers support, training and consulting services to its customers worldwide. Learn more: www.redhat.com.
Forward-Looking Statements
Certain statements contained in this press release may constitute "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Forward-looking statements provide current expectations of future events based on certain assumptions and include any statement that does not directly relate to any historical or current fact. Actual results may differ materially from those indicated by such forward-looking statements as a result of various important factors, including: risks related to delays or reductions in information technology spending; the effects of industry consolidation; the ability of the Company to compete effectively; uncertainty and adverse results in litigation and related settlements; the integration of acquisitions and the ability to market successfully acquired technologies and products; the inability to adequately protect Company intellectual property and the potential for infringement or breach of license claims of or relating to third party intellectual property; the ability to deliver and stimulate demand for new products and technological innovations on a timely basis; risks related to data and information security vulnerabilities; ineffective management of, and control over, the Company's growth and international operations; fluctuations in exchange rates; and changes in and a dependence on key personnel, as well as other factors contained in our most recent Annual Report on Form 10-K (copies of which may be accessed through the Securities and Exchange Commission's website at http://www.sec.gov), including those found therein under the captions "Risk Factors" and "Management's Discussion and Analysis of Financial Condition and Results of Operations". In addition to these factors, actual future performance, outcomes, and results may differ materially because of more general factors including (without limitation) general industry and market conditions and growth rates, economic and political conditions, governmental and public policy changes and the impact of natural disasters such as earthquakes and floods. The forward-looking statements included in this press release represent the Company's views as of the date of this press release and these views could change. However, while the Company may elect to update these forward-looking statements at some point in the future, the Company specifically disclaims any obligation to do so. These forward-looking statements should not be relied upon as representing the Company's views as of any date subsequent to the date of this press release.
Red Hat, Inc. Red Hat, the Shadowman logo and JBoss are registered trademarks of Red Hat, Inc. in the U.S. and other countries. Linux is a registered trademark of Linus Torvalds.
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noad
12:07 PM A common thread to the market-pleasing earnings reports delivered by F5 (FFIV +11.3%), VMware (VMW +4.4%), and Mellanox (MLNX +43.5%) is that bulls have predicted each company would benefit (I, II) from Intel's (INTC) Romley launch. Thus the reports could indicate other enterprise IT names expected to benefit will also deliver solid reports. Certain peers ar RVBD +3.6%. RHT +2%. CTXS +1.9%
12:07 PM A common thread to the market-pleasing earnings reports delivered by F5 (FFIV +11.3%), VMware (VMW +4.4%), and Mellanox (MLNX +43.5%) is that bulls have predicted each company would benefit (I, II) from Intel's (INTC) Romley launch. Thus the reports could indicate other enterprise IT names expected to benefit will also deliver solid reports. Certain peers ar RVBD +3.6%. RHT +2%. CTXS +1.9%
~ Wednesday! $RHT ~ Earnings posted, pending or coming soon! In Charts and Links Below!
~ $RHT ~ Earnings expected on Wednesday *
Want more like this? Search Keyword: MACMONEY >>> http://tinyurl.com/MACMONEY <<<
One or more of many earnings sites has alerted this security has or will be posting earnings on or around the day of this message.
http://stockcharts.com/h-sc/ui?s=RHT&p=D&b=3&g=0&id=p88783918276&a=237480049
http://stockcharts.com/h-sc/ui?s=RHT&p=W&b=3&g=0&id=p54550695994
~ Google Finance: http://www.google.com/finance?q=RHT
~ Google Fin Options: hhttp://www.google.com/finance/option_chain?q=RHT#
~ Yahoo! Finance ~ Stats: http://finance.yahoo.com/q/ks?s=RHT+Key+Statistics
~ Yahoo! Finance ~ Profile: http://finance.yahoo.com/q/pr?s=RHT
Finviz: http://finviz.com/quote.ashx?t=RHT
~ BusyStock: http://busystock.com/i.php?s=RHT&v=2
<<<<<< http://www.earningswhispers.com/stocks.asp?symbol=RHT >>>>>>
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*If the earnings date is in error please ignore error. I do my best.
Red Hat shares jump as results beat views
By Benjamin Pimentel, MarketWatch
Last Update: 3/24/2011 11:19:32 AM
SAN FRANCISCO (MarketWatch) -- Shares of Red Hat Inc. soared Thursday a day after
the company posted results that beat Wall Street's estimates, underscoring the
growing importance of software in the shift toward cloud computing.
Red Hat's (RHT) stock rose more than 16% to $46.44 after its rating was upgraded
by Robert W. Baird from outperform to neutral.
Analyst Steven Ashley cited Red Hat's "accelerating business trends" based on the
gains of its data-center operating-system platform called Red Hat Enterprise
Linux, also referred to as RHEL, and its JBoss application server, which enables
companies to make Web-based programs.
Ashley said in a note that "it is only a matter of time before JBoss crosses the
chasm to mass adoption." He added that RHEL is emerging as "the O/S of choice for
private cloud architectures."
Cloud computing enables businesses to tap computing power in a network instead of
in-house data center, a trend in which business software is critical. Red Hat
offers subscription-based software, a business model that is also gaining ground
in the market.
Recently, Salesforce.com, another company software as a Web-based service, raised
its sales outlook for the full fiscal year, giving its shares a lift.
Pacific Crest Securities analyst Nabil Elsheshai noted Red Hat's 31% billings
growth and a 20% year-over-year gain in deferred revenue. Pacific Crest has an
outperform rating on Red Hat.
"For the first time ever, Red Hat had 30 deals over $1 million, including five
which were pure JBoss deals," Elsheshai wrote.
On the other hand, J.P. Morgan analyst John DiFucci maintained an underweight
rating on Red Hat, saying in a note, "None of the top-line outperformance fell to
the bottom line, either in earnings or cash flow, both of which were in the
guidance range."
He added, "We believe the positive after hours stock reaction to the results
provides an opportunity for investors to exit the shares."
Red Hat Reports Fourth Quarter and Fiscal Year 2011 Results
Date : 03/23/2011 @ 4:05PM
Source : Business Wire
Stock : Red Hat, Inc. (RHT)
Quote : 39.97 0.41 (1.04%) @ 8:00PM
Red Hat Reports Fourth Quarter and Fiscal Year 2011 Results
Right Consultants (NYSE:RHT)
Intraday Stock Chart
Today : Wednesday 23 March 2011
Click Here for more Right Consultants Charts.
Red Hat, Inc. (NYSE: RHT), the world's leading provider of open source solutions, today announced financial results for its fiscal fourth quarter and fiscal year ended February 28, 2011.
Total revenue for the quarter was $244.8 million, an increase of 25% from the year ago quarter. Subscription revenue for the quarter was $209.3 million, up 24% year-over-year. For the full year, total revenue was $909.3 million, an increase of 22% over the prior year, and subscription revenue was $773.4 million, up 21% year-over-year.
“With record bookings and billings in the fourth quarter, we are on a run rate to become the first pure-play open source company to achieve a billion dollars in revenues next fiscal year, a milestone achievement for Red Hat and the open source community,” stated Jim Whitehurst, President and Chief Executive Officer of Red Hat. “We believe the strong demand we experienced was largely driven by customers who are modernizing their data centers and preparing their infrastructure for cloud computing. The comprehensive portfolio that Red Hat has developed with platform, virtualization and middleware products provides enterprise customers with a foundation to deploy the next generation infrastructure.”
GAAP operating income for the fourth quarter and the full fiscal year 2011 was $39.4 million and $145.7 million, respectively. GAAP operating margin was 16.1% in the fourth quarter and 16.0% for the full year. After adjusting for stock compensation, amortization expenses, and in the prior year, the charge for a litigation settlement as detailed in the tables below, non-GAAP operating income for the quarter was $61.0 million, or a 24.9% operating margin, and full year non-GAAP operating income was $225.2 million. Full year non-GAAP operating margin was 24.8%, representing an increase of 110 basis points from the prior year.
GAAP net income for the fourth quarter was $33.5 million, or $0.17 per diluted share, compared with $26.0 million, or $0.13 per diluted share, for the prior quarter and $23.4 million, or $0.12 per diluted share, in the year ago quarter. Non-GAAP adjusted net income for the fourth quarter was $51.4 million, or $0.26 per diluted share, after adjusting for stock compensation and amortization expenses as detailed in the tables below. This compares to non-GAAP adjusted net income of $39.1 million, or $0.20 per diluted share in the prior quarter and $36.5 million, or $0.19 per diluted share in the year ago quarter.
For the full year, GAAP net income was $107.3 million or $0.55 per diluted share, compared with $87.3 million or $0.45 per diluted share in the prior year. After adjusting for stock compensation, amortization expenses, and in the prior year, the charge for a litigation settlement, as detailed in the tables below, non-GAAP adjusted net income for the year was $162.8 million or $0.83 per diluted share, compared to $138.1 million and $0.71 per diluted share for the fiscal year ended February 28, 2010.
Fourth quarter GAAP and non-GAAP net income benefited by approximately $0.02/share as a result of the retroactive reenactment in December 2010, of the research tax credit into US tax law. This, together with other tax benefits, including additional US foreign tax credits, reduced the fourth quarter fiscal 2011 effective tax rate for both GAAP and non-GAAP to 17%. The resulting full year effective tax rate for both GAAP and non-GAAP for fiscal 2011 is 30%.
GAAP operating cash flow totaled $95.0 million for the fourth quarter and $290.7 million for the full year. At year end, the company’s total deferred revenue balance was $772.3 million, an increase of 20% on a year-over-year basis and 13% sequentially. Cash and investments at February 28, 2011 totaled $1.2 billion after repurchasing approximately $11 million, or approximately 250,000 shares, of common stock in the quarter. For the full fiscal year, Red Hat repurchased approximately $90 million, or 2.9 million shares, of common stock.
“Our fourth quarter results were strong and capped off a year of accelerated billings growth. Broad- based, global demand for our products and services, coupled with strong execution by our associates, resulted in over 30% year-over-year growth in billings this quarter; our fastest billings growth in 12 quarters,” stated Charlie Peters, Executive Vice President and Chief Financial Officer of Red Hat. “This year we focused on growth with aggressive hiring for sales and engineering, launched major product releases and invested in technologies focused on cloud computing. These investments produced greater than 20% growth in revenues and non-GAAP operating income for both the quarter and the year. At the same time, we increased non-GAAP operating margins by 110 basis points and improved cash flow. It was a good year.”
Additional information on Red Hat's reported results, including a reconciliation of the non-GAAP adjusted results, are included in the financial tables below. A live webcast of Red Hat's results will begin at 5:00 pm ET today and can be accessed by the general public at Red Hat's investor relations website at http://investors.redhat.com. A replay of the webcast will be available shortly after the live event has ended.
About Red Hat, Inc.
Red Hat, the world's leading provider of open source solutions and an S&P 500 company, is headquartered in Raleigh, NC with over 65 offices spanning the globe. CIOs ranked Red Hat as one of the top vendors delivering value in Enterprise Software for seven consecutive years in the CIO Insight Magazine Vendor Value survey. Red Hat provides high-quality, affordable technology with its operating system platform, Red Hat Enterprise Linux, together with virtualization, applications, management and Services Oriented Architecture (SOA) solutions, including Red Hat Enterprise Virtualization and JBoss Enterprise Middleware. Red Hat also offers support, training and consulting services to its customers worldwide. Learn more: http://www.redhat.com.
RHT nice bounce back up today, hoping those call buyers last week know whats coming...
Plenty of big tech sitting on a ton of cash, I have no idea who but with that kind of money thrown at a contract that is out of the money by $3 and expires in two weeks, I bet we see some fireworks next week...
any guesses on potential buyers?
RHT looks like a buyout is coming checkout the call option volume in every month this morning...
Boom on the Oct $30 calls!
obviously this board is in some desperate need of an update, maybe start by getting the ticker right..
RHAT beat on earnings and also came in ahead on revenues. Looks like RHAT is the company to beat when it comes to global Linux.
Stock appears to be back on track in a big way.
Novell Says Waiver Cancels SCO's Claims on Linux
By Bob Mims
LinuxInsider
February 13, 2004
"This doesn't change a thing," SCO spokesman Blake Stowell said Thursday. "It remains SCO's strongly held legal position that Novell has no rights to step in and change or alter the source code license agreements that SCO owns and holds with its Unix licensees."
Novell (Nasdaq: NOVL) Inc., claiming it sold only limited rights to the Unix operating system in 1995, has issued a waiver it says negates the SCO Group's claims on the offshoot, freely distributed Linux operating system.
Claiming the purchase excluded control of "derivative works," or improvements to the program's code by independent developers, Novell had given SCO until noon Wednesday to retract its claim that Unix code was illegally imported into Linux.
That allegation is at the heart of SCO's federal lawsuit against IBM (NYSE: IBM) , which seeks damages and penalties of up to $50 billion for Big Blue's distribution of allegedly tainted versions of Linux.
After SCO ignored the deadline, insisting it held all rights to Unix, Novell wrote the Lindon-based software company late Wednesday stating it "waives any purported right SCO may claim" to restrict use of the 1995 Unix code.
"This doesn't change a thing," SCO spokesman Blake Stowell said Thursday. "It remains SCO's strongly held legal position that Novell has no rights to step in and change or alter the source code license agreements that SCO owns and holds with its Unix licensees."
Contrary to Novell's claims that it had a contractual right to issue the Unix-use waiver on a recalcitrant SCO's behalf, Stowell said that "SCO has no intention of waiving any of its rights against . . . IBM."
Novell Seeking Dismissal
As for Novell's claims to retain certain Unix rights, "We will deal with Novell on all of these issues in court," Stowell added.
IBM spokesman Mike Darcy declined to comment, as did Novell's Bruce Lowry. "Our letter speaks for itself," Lowry said.
Novell also is seeking dismissal of a corporate title-slander lawsuit filed by SCO, which in turn is being sued by leading Linux distributor Red Hat Inc (Nasdaq: RHAT) . over its Unix-Linux claims.
The flare-up with Novell came as SCO and IBM await U.S. Magistrate Brooke Wells' potentially decisive rulings possibly today or early next week on competing motions to compel evidence.
IBM attorneys argued last Friday that SCO has failed to provide specific, detailed proof for its Unix-Linux allegations; SCO contends it cannot do so without IBM providing code requested in an earlier motion.
© 2004 Knight Ridder/Tribune Business News i/a/w Pinnacor, Inc. All rights reserved.
© 2004 ECT News Network. All rights reserved.
SCO to sue Google? Interesting article from BusinessWeek.
FEBRUARY 2, 2004
INFORMATION TECHNOLOGY
The Most Hated Company In Tech
SCO's huge Linux suit against IBM is a long shot that may yield nothing but bile
He can't say he wasn't warned. In June, 2002, when Darl McBride was getting ready to take over as chief executive at struggling Caldera International Inc. in Lindon, Utah -- later renamed SCO Group Inc. -- he mused that claiming ownership of some of the underlying code in the popular Linux computer operating system could keep the company afloat. Even though Caldera's revenues were declining, it was losing $5 million per quarter, and its stock had slid below the $1 NASDAQ delisting price, the reaction of outgoing CEO Ransom Love was instantaneous. "Don't do it," Love says he told McBride. "You don't want to take on the entire Linux community."
McBride did it anyway. Last March, he shook up the computer world by filing a $3 billion suit against tech giant IBM (IBM ), claiming Big Blue had illegally inserted more than 800,000 lines of SCO-owned software code into Linux. Since then, McBride has turned up the heat. In December, SCO sent letters to more than 1,000 Linux customers accusing them of illegally using SCO's property. Now, the company warns that it will sue a Linux user within days. One potential target, SCO says, is Internet search phenom Google Inc. The company, which says it has not talked to SCO about its claims, uses Linux computers and is on the verge of its initial public offering.
As a result of all this, SCO has become the most hated company in the tech world, surpassing, at least temporarily, Microsoft Corp. SCO has infuriated dozens of businesses and thousands of volunteer programmers who helped Linux become the world's second-most-popular operating system for server computers, with tens of millions of copies in use, trailing only Microsoft's (MSFT ) Windows. Linux is open-source software: free in its most basic form and owned by no one. Many of the tech world's top companies -- including IBM, Hewlett-Packard (HPQ ), and Dell (DELL ) -- have hitched on to this rocket. For its most ardent fans, no words are too harsh for SCO. "They're a cornered rat, and I think they have rabies to boot," jabs the normally mild-mannered Linus Torvalds, who started Linux as a college student in 1991.
The retribution against SCO has been fast and furious -- a volley of arrows from all sides. Since it sued IBM, SCO has been slapped with two countersuits, one by IBM and the other by Red Hat Inc. (RHAT ), the largest seller of Linux software. SCO's Web site has been shut down three times by hackers. And McBride has even received death threats. One was so unnerving that SCO's security had a sharpshooter in the room when McBride spoke at a tech conference in Las Vegas in December. "The theater of this -- it's sort of beyond belief for all of us," he says.
`NO IMPACT SO FAR'
But, in the end, this dispute may amount to little more than theater. While emotions are running high, BusinessWeek interviews with SCO executives, industry leaders, lawyers, software experts, and corporate tech buyers all point to a single conclusion: SCO likely won't stop Linux.
Its legal case against IBM and Linux customers is not clear-cut. What little evidence it has made public is inconclusive, according to lawyers and software developers who have examined it. While there are similarities between some code that SCO claims it owns and material in Linux, it's not clear to software experts that there's a violation. To win against IBM, SCO will have to prove that IBM programmers placed the code in Linux -- which may be hard to document. Besides, SCO might not even own the technology. Software maker Novell Inc. (NOVL ), a backer of Linux, has competing claims. "There are real flaws in SCO's arguments," says Thomas C. Carey, partner at law firm Bromberg & Sunstein in Boston.
The most convincing evidence of Linux' resilience is what's happening in the marketplace. Even though corporations are nervous about lawsuits, they haven't lost their hunger for Linux. In the third quarter, the most recent for which data are available, sales of computer servers that use Linux were up 49.8% from a year ago, to $743 million, far outstripping the 2% growth for the rest of the market, according to market researcher IDC. Red Hat landed 3,000 customers last quarter, up from 1,000 in the quarter that SCO sued IBM. And in a new wrinkle, entire countries, including China and Israel, have announced plans for widescale adoption of Linux on desktop PCs. "SCO seems to have had no impact so far," says Dan Kuznetsky, an analyst at IDC.
There's still a possibility that SCO could damage Linux' momentum. Corporate tech users may to some extent be cowed by its threats. Despite more than 20 attempts by BusinessWeek, not a single corporate Linux customer would talk on the record about SCO's claims for fear of drawing legal fire. And if the case goes to trial as scheduled in April, 2005, it will be on SCO's home turf in Salt Lake City. SCO's lead lawyer, famed litigator David Boies, could try to sway the jury by portraying giant IBM as a bully putting the screws to a small Utah outfit.
A win would be a huge windfall for SCO. With server-software licenses costing $699 per machine, Google alone, if found liable, could be on the hook for $7 million in license fees. The market for Linux servers is expected to have topped $4 billion in 2003. Add the fledgling market for Linux pcs and Linux in consumer electronics, and you have an opportunity not seen since the early days of the PC.
THE MICROSOFT FACTOR
But who stands to gain the most from an SCO win? Microsoft. Linux is the primary force standing between Microsoft and domination of the computer world. The software giant is happily fanning customers' fears with an anti-Linux campaign while pumping money into SCO. Even though neither company has disclosed a dollar figure, sources close to SCO say Microsoft has spent more than $12 million on SCO licenses. Microsoft says it needs the licenses because it sells technology that allows its customers to run applications that were designed for Unix, the operating system Linux was modeled on. Critics believe it is just helping SCO finance its lawsuit.
In SCO's hometown, below the snow-capped Wasatch Mountains, the dispute has pitted neighbor against neighbor. "I have had friends, good friends, tell me they can't believe what we're doing," says Ralph Yarro III, SCO's chairman and the head of the Canopy Group, a private investment firm that also has backed Utah Linux companies.
Canopy manages the money of Ray Noorda, former CEO of Novell, just up the road in Provo. Noorda is now retired after years as a bitter rival of Microsoft, so it's ironic that his money is backing a company aligned with his bête noire. Noorda is no longer active in Canopy on a day-to-day basis, and some of his longtime friends are appalled at how his money is being used. "I think about that, and it makes my stomach churn," says one Noorda friend. Yarro agrees the situation is a bit awkward, but he says this is about SCO's intellectual property claims, not Microsoft. Noorda could not be reached for comment.
McBride, like Yarro, once worked for Noorda at Novell. And like him, he feels no discomfort with what he's doing. He argues passionately that if companies allow their intellectual property to be inserted into open-source products, it could destroy the software industry. "I know people want us to go away, but we are not going to go away. We're going to see this through," McBride says.
He certainly doesn't look the part of a bogeyman. A jocular father of seven children, the 44-year-old McBride is a devout Mormon who worked as a missionary in Japan and returned there several years later to start Novell's Japanese business. After Novell, he was briefly president of Franklin Covey Co.'s (FC ) online planning business when Caldera recruited him.
Since taking charge, McBride has done right by his shareholders. SCO's market capitalization, around $5 million when he arrived, has leaped to $219 million. In its most recent fiscal quarter, SCO had $24.3 million in sales, up 57% from the year before, owing largely to license fees from Microsoft and Sun Microsytems Inc. The non-licensing part of its revenues is mostly sales of its version of the Unix operating system. Barring a $9 million charge related to hiring Boies, the company would have had a $7.4 million profit. "There may be a bunch of angry Linux people out there," says McBride. "But I have to answer to a bunch of angry shareholders."
A LEGAL MORASS
At the heart of this dispute are the original copyrights to Unix. It's a high-performance operating system sold by the likes of Sun Microsystems (SUNW ), IBM, and HP. Unix was originally developed at Bell Labs, but AT&T (T ) sold the copyrights and a version of Unix to Novell in 1993, which in turn sold the Unix product to Santa Cruz Operation Inc. That company later entered a joint venture with IBM to create yet another version of Unix. After that deal went nowhere, Caldera in 2001 acquired the Unix software business from the Santa Cruz Operation -- hoping to merge elements of Unix and Linux -- and later changed its name to SCO Group. But its Linux business never took off.
To law and software experts, SCO's legal claims are not strong. First, it's not clear that it even owns the intellectual property. Novell claims it sold Santa Cruz Operation the right to sell its Unix software, but ownership of the original code stayed with Novell. It has a contract that it claims backs up that assertion. SCO has an addendum to the contract that it says dealt with the copyright issue, but lawyers who have studied it say the language is ambiguous.
Even assuming that SCO owns the software, the few pieces of code it has made public haven't convinced experts that there are substantial copyright violations in Linux. One small piece of code that was clearly part of Unix has been removed. Software industry analysts who have examined pieces of SCO's Unix code say they see some similarities between it and Linux. Robert Enderle, principle of industry consultant the Enderle Group, examined about 100 lines of code and says some similarities were "remarkable." He believes SCO's claims should be taken seriously but cautions: "Whether they can defend ownership of the code is still to be determined."
SCO faces an uphill battle with IBM, too. It has to prove IBM actually provided copyrighted code to the Linux community. IBM says this didn't happen: It says it has always had a strict wall between its Linux developers and anyone working with proprietary software and can prove it in a courtroom. Also, SCO may not even have a right to sue. In its countersuit, IBM claims that because SCO worked on and sold Linux software, it must abide by an open-source contract that bars a company that sells the work of the Linux community from turning around and suing the companies that distribute that work.
If SCO starts suing customers, those customers will have potent defenders. Novell and Hewlett-Packard Co. have indemnified their Linux customers against SCO's legal claims. And on Jan. 12, the Open Source Development Labs, with the backing of companies such as IBM and Intel (INTC ) Corp., announced a $10 million legal defense fund for Linux customers.
It might be easier to shrug off SCO's case if it weren't for Boies. After all, he brought Microsoft to heel for the Justice Dept. The 63-year-old is putting his reputation on the line. He likes backing David against Goliath. "You have a very small company with a very big legal issue, and you knew that that very small company was going to be confronting the giants of the industry," Boies says. "Even at my age, it's hard to resist."
Not that he's doing it for free. In an unusual compensation arrangement, SCO says it paid Boies and the other lawyers $1 million in cash and gave them 400,000 shares of the company, now worth $15.77 apiece. Deutsche Bank (DB ) estimates the share price could hit $185 if SCO wins -- and if so, the lawyers would get a $74 million payday. They also receive 20% of the revenues from SCO's intellectual-property licensing.
Those terms make SCO look more like a lawsuit than a normal company. In this litigious society, there's not much shame in that. But unlike the case with regular companies, if this suit doesn't pan out, McBride and his shareholders may be left with very little. If so, a weird episode in tech history will end with a whimper, and a lot of people will be celebrating.
By Jim Kerstetter in Lindon, Utah
Red Hat Launches WIDE OPEN Magazine
LinuxWorld New York 2004
NEW YORK--(BUSINESS WIRE)--Jan. 21, 2004--
New Publication Will Focus on Practical Linux Knowledge and Creative Features Fedora Distributions Included with Each Issue
Today, Red Hat, Inc., the world's leading provider of open source solutions to the enterprise, announced the availability of WIDE OPEN Magazine, a technical magazine focused on a professional and non-professional audiences interested in open source and how to use it. Each magazine issue will feature the latest version of the Fedora project for subscribers to have access to current Linux technologies under development.
Content will include technical how-to articles, news on certified applications and hardware, and pieces covering a range of current open source topics. The magazine will collaborate with other industry leaders and Red Hat partners to bring subscribers a variety of views and opinions. Visionary editorials about the future of community projects such as GNOME and Fedora will be regular features.
"Open source is a rich topic with many avenues for meaningful discussion and analysis," said Michael Tiemann, Chief Technology Officer at Red Hat. "Creativity and collaboration will be two of the themes that will be carried throughout WIDE OPEN Magazine. We want readers to develop a real affinity for open source and its potential."
WIDE OPEN Magazine will be on display at Red Hat Booth #739 at LinuxWorld, NY. A yearly subscription will include 6 issues. Each issue will include 3 CDs and 96+ pages of editorial. Save 40% off the annual cover price by subscribing now and receive a charter subscription for $35. The Premier Issue will also include a System Administrator CD. For more information or to subscribe, please visit http://www.redhatmagazine.com or call 866-2-REDHAT.
Microsoft Targets Linux in Global Ad Campaign
By John P. Mello Jr.
www.TechNewsWorld.com,
Part of the ECT News Network
January 8, 2004
In the last analysis, whether an organization should use Windows or Linux is a complicated decision highly dependent on the nature of that organization, contends Dana Gardner, a senior analyst with the Yankee Group.
Linux is irritating Microsoft, and the software giant isn't going to take it anymore.
On Monday, the maker of the Windows operating system launched what it says will be a prolonged advertising campaign to "get the facts" before the IT community about the cost benefits of its OS over its open-source competitor.
"Over the past year, software cost and value has been a common issue raised by IT customers," a Microsoft spokesperson, who requested not to be named, told TechNewsWorld. "Our customers have told us they want research and information to help make value-based IT decisions. The 'Get the Facts' advertising campaign aims to bring some of this information to companies who are making decisions about their IT solutions."
Microsoft would not disclose the cost of the ad blitz.
Not So Independent
The campaign, which initially will be limited to print media in the United States and India, refers its audience to a Get the Facts Web site where Microsoft has gathered research reports identifying the cost benefits of Windows over Linux. The report is written by firms like the Meta Group, IDC, Giga Research and VeriTest.
Although Microsoft is touting the independence of the research found at the site, it admits it instigated some of the information. "There are volumes of third-party research and data in the marketplace across a myriad of IT topic areas that have not been commissioned by Microsoft," the spokesperson said.
"We commissioned some of the research specifically to address the questions customers are asking of us."
Stealing Market Share
For Linux vendors, the Microsoft campaign is just more evidence that they're doing something right. "This shows that Linux has the potential of taking away significant market share from Microsoft," Leigh Day, a spokesperson for Linux vendor Red Hat (Nasdaq: RHAT) , told TechNewsWorld.
"If you look at their Web site , it seems that a lot of their campaign is focused on small and medium businesses," she noted. "Our software has made its best penetration in the enterprise. Eight out of 10 of the top global financial firms use Red Hat."
Two Front War
Microsoft is waging a two-front war against Linux, according to Rob Helm, director of research at Directions on Microsoft, an independent research firm in Kirkland, Washington. "Microsoft is taking on Linux in two different segments: government and companies," he explained to TechNewsWorld. This campaign is meant to turn up the volume in the company segment.
"Up to now," he continued, "Microsoft has focused on the government segment and has run campaigns to convince government that it's okay to pay for software. Now it's starting to focus more on companies that are considering using Linux for servers. That threatens Windows' future growth."
No Free Lunch
While some companies might be disturbed by Microsoft's high licensing fees, Helm said, this campaign is meant to let those companies know there are more than fees involved in operating a system. "There are a lot of other costs in systems, and Windows looks pretty good compared to Linux on those costs," he explained.
Al Gillen, research director for systems software at IDC in Framingham, Massachusetts, noted that even if the acquisition cost of an operating system is free, there is no way to dodge the costs of maintaining that system. "The long-term cost of supporting an operating system is far less related to the acquisition costs than you might think," he told TechNewsWorld. "Whether I give you a car or you buy a car, if you keep that car for 10 years, the cost of maintaining the car is going to be the same."
In the last analysis, whether an organization should use Windows or Linux is a complicated decision highly dependent on the nature of that organization, contends Dana Gardner, a senior analyst with the Yankee Group in Boston. "It's not a zero-sum equation," he told TechNewsWorld. "It's not Windows or Linux; it's, 'Where is Windows appropriate and cost effective?' and, 'Where is putting a Linux operating system under a discrete or specific server appropriate?'"
http://www.linuxinsider.com/perl/story/32551.html
Let's see if we can wake this board up.
Come post. Bring your friends.
Red Hat Contributes Copyrights
RALEIGH, N.C. -- Red Hat, Inc. (NASDAQ: RHAT - News), the world's leading open source and free software solution provider to the enterprise, today announced that it would assign all of its copyrights in the eCos open source operating system to the Free Software Foundation (FSF). The contribution will enable the Free Software Foundation to act as the sole copyright steward of the project and work directly with the eCos community and its maintainers on future development. Red Hat ceased serving as the role of maintainer of eCos in Spring, 2002. In conjunction with the eCos development community, Red Hat agreed that it would be best to have all eCos copyrights held by a single party. The FSF has agreed to accept ownership and maintenance of eCos.
"Red Hat continues to have great confidence in the Free Software Foundation as a trusted repository for free software code and projects," said Mark Webbink, General Counsel and Senior Vice President at Red Hat. "The work of the FSF to promote the development and use of free software is instrumental to innovation of technologies such as eCos."
"The Free Software community is grateful to Red Hat for its consistent support of the community's needs and values," said Eben Moglen, General Counsel of the Free Software Foundation. "The Foundation is pleased to work with the eCos community for the protection and improvement of eCos and free software overall."
Stock has been flying. Where is everyone?
I'm out of the part I bought this morning. I had a trailing stop and it hit when the price started down. I'm trying to re-establish a position now, but I'm not sure if I'm going to get my price.
They've been focussing their attention on the server market, but I'm hoping tomorrow's announcement with Dell goes beyond servers. Dell once offered desktops with Linux but with no Linux support. Ultimately, they dropped it. I'm hoping they've worked out something between themselves so Red Hat can provide the Linux support for Dell desktops. That arrangement would appeal to me. I've been wanting to get out from under Microsoft's thumb but I don't want to provide my own support. The learning curve is too steep. I realize you favor Microsoft, so the idea might not appeal to you as much. Even so, such an announcement could give the stock a boost.
Fred
Here is the article I read:
http://www.usatoday.com/money/industries/technology/2002-08-04-linux_x.htm
Greetings Fred.
Linux is now the fastest-growing operating system ...
I read the same thing in the USA Today about a week ago. They have "officially" become a major player in the server software industry. I think it said they have like a....5% market share, or something like that. I'm not sure, but it's not a HUGE number. But they are growing.
Let's hope the market's bearishness doesn't ruin the good news coming from RHAT. It's hard to tell if RHAT will rally, even though they have good press out. ARGH, I hate this market.
Joemoney
Good Morning, Joe
I picked up a little RHAT this morning for trading. It seemed like we might have an up day or two because:
1) I read in Barron's that
a) Sun is embracing Linux (after avoiding it like the plague)
b) ... "Linux is now the fastest-growing operating system ...
2) I (finally) remembered that the Linux World Conference & Expo opens in San Francisco tomorrow (they've been bombarding me with invitations for weeks and I've been deleted them).
3) CBS StockCharts has a story on Red Hat.
4) Part of the story is that they will have a joint announcement with Dell on Tuesday.
5) The Sunday New York Times had a story about Linux (no Red Hat reference).
6) This weeks Barron's feature article is "It is time to dip a toe back into tech stocks"
With the Expo going on, we should get a lot more of that kind of hype. It won't be as successful as in years past, but it might cause a little "bolus" (a Zeev word I'd never heard before ... love it.)
Fred
Wheww Heeww! Red Hat Posts Narrower First-Quarter Loss
By Reed Stevenson
SEATTLE (Reuters) - Red Hat Inc. (NasdaqNM:RHAT - News) on Tuesday posted a smaller first-quarter net loss as it cut expenses to offset an 8 percent drop in revenue related to sales of the Linux computer operating system.
Red Hat, based in Raleigh, North Carolina, said its net loss narrowed to $4.3 million, or 3 cents per share, from a net loss of $27.6 million, or 16 cents a share, a year earlier.
Excluding amortization of goodwill, stock-based compensation and other charges, the supplier of Linux posted an operating loss of $829,000, or nil per share, for the quarter ended May 31. That compared with a loss of $154,000, or nil per share, a year earlier.
Linux can be used and modified freely, unlike Microsoft Corp.'s (NasdaqNM:MSFT - News) Windows operating system.
Analysts polled by research firm Thomson First Call had expected on average breakeven on a per-share basis, excluding charges.
Revenues were $19.5 million, down from $21.4 million a year earlier, but slightly stronger than the company's own forecast of $19.2 million.
Red Hat, which has been shifting its focus toward higher-margin corporate customers, said sales to large enterprises grew 8 percent from the previous quarter.
For the second quarter, Red Hat expects revenue to rise to between $21.8 million and $22.4 million, Chief Financial Officer Kevin Thompson told a conference call, with 90 to 92 percent of that coming from enterprises.
Continued enterprise sales would keep Red Hat on target to achieve its fiscal 2003 goals of 26 percent growth in sales, the company said, reaffirming earlier guidance.
That would mean sales of between $99.5 million and $101 million for the full year, with a full-year profit, excluding charges, of between 4 to 5 cents per share.
Thompson said Red Hat expected a net loss of $3.3 million to $3.8 million, or a loss of 1 cent or nil per share in the second quarter. On an operating basis before charges, Red Hat said it sees a loss of $1.8 million to $2.3 million, or a profit of 1 cent or nil per share.
More guidance would be issued at an analysts conference scheduled for June 27, Red Hat said.
Red Hat shares closed at $5.50 on Tuesday, up 0.18 percent on the day, but down nearly 23 percent so far this year.
The shares slipped to $5.41 in after-hours trade.
HIGHER-END PLATFORMS TARGETED
While Linux free software has been gaining ground as an alternative operating system for corporate servers and computers, Red Hat depends on distribution and technical consulting, an area of corporate spending that has been tightly constrained.
But Chief Executive Matthew Szulik remained optimistic about the outlook for Linux and Red Hat's role in the growth of open-source software.
"Our list of enterprise customers deploying Linux strategically has grown quarter to quarter," he told analysts on a conference call to discuss the results.
Companies such as Amazon.com and AOL Time Warner have turned to Linux as cheaper way to handle corporate computing tasks.
"The big story is Unix-to-Linux migration," Szulik told Reuters in a telephone interview, referring to the proprietary operating system that Linux is modeled after. A version of Unix, Solaris, is sold by Sun Microsystems Inc. (NasdaqNM:SUNW - News).
Up to now, Linux has largely been limited to the world of desktops while proprietary Unix systems have dominated the large-scale computing and server market. Unix's market share has been eroded, however, by Microsoft's aggressive expansion into the area and the threat from Linux as an alternative for lower-cost systems.
Szulik, said, however that an upcoming version of Red Hat's Linux distributed software would support 64-bit computing, which will be available on Intel Corp.'s (NasdaqNM:INTC - News) next-generation Itanium processors and help Linux gain a greater foothold on large-scale enterprise platforms.
"We are going to increasingly compete in higher-end systems," Szulik said.
Szulik said, however, that Red Hat was watching closely to see whether Sun would move into the Linux market with a product of its own. Sun said last month it would come out with a Linux product and also make Solaris more compatible with Linux systems.
http://biz.yahoo.com/rt/020618/tech_redhat_earns_2.html
Thanks, Joe. I'm happy to see that someone else thinks RedHat may have a life.
Fred
Ineresting RHAT Article
BusinessWeek Online
"I Think We're Up to the Challenge"
Technology: SPECIAL REPORT
"First they ignore you. Then they laugh at you. Then they fight you. Then you win." Those words are printed on the wall at the Raleigh [N.C.] headquarters of Linux software company Red Hat (NasdaqNM:RHAT - News). The quote is from Mohandas K. Gandhi, and Red Hat CEO Matthew Szulik likes to draw parallels between Gandhi's insights and the trajectory of the open-source software movement, which encourages any programmer who has the urge to improve upon software that's essentially free -- and thus challenges the software establishment.
Szulik believes the world has moved from laughing at Linux to fighting it. At least, the part of the world that Microsoft rules, one of the few places in the information-technology universe where Linux has remained systema non grata.
Now, it's up to Szulik to do something about winning. Red Hat has struggled to make a buck, turning operating profits but fighting a tide of net losses resulting from slumping sales and write-downs of assets purchased during the dot-com boom. Still, he remains upbeat. With more than $280 million in cash and liquid assets, Red Hat has a good cushion to lean on.
Szulik's latest product, the high-priced Advanced Server software system, could buoy sales. A victory for Red Hat in selling it would mean a big boost for open-source, a movement Szulik believes in passionately. BusinessWeek Online Technology Editor Alex Salkever spoke to the CEO on these and other matters on May 8. Here are edited excerpts of that conversation:
Q: What's the current status of Red Hat?
A: We began a transition 14 months ago from what was largely a retail business to becoming a provider of enterprise software and consulting. We're well on our way through that transition. Large companies such as Morgan Stanley, Cisco, and CSFB are now deploying Red Hat Linux in mission-critical environments.
Q: Why are they deciding to use Red Hat?
A: It's a couple of things. One is the competency we have as a company. On the product-development and engineering side, we have built in a lot of service capabilities. Our economic viability is important. Our cash position and our third-party relationships give customers a lot of confidence.
Q: Are you concerned down the road about having to go up against folks like IBM Global Services, HP, and Sun, which is slowly migrating in an open-source direction?
A: There is an inevitability of competition in an open market. We have chosen two very difficult competitors since the company was founded -- Microsoft and Sun. I think we're up to the challenge. The company is well capitalized and has strong management. And keep in mind, our rivals mainly have experience supporting a proprietary technology. Supporting Linux and building a proven relationship with the open-source community is a different matter.
Q: How well do you think the profit margins of open-source will hold up over time as more companies get into the game?
A: I'm often asked that question. Our gross margins last quarter were 65%. I hope that dispels the questions we get about Red Hat being a services company, because historically service-company margins are in the 30s. We're a technology company first. We recognize that our opportunity to deliver technology as a managed service began in 1998 when we went to a subscription model. If we were simply selling open-source software in boxes at retail, we wouldn't be able to deliver that kind of performance.
Q: How far out do you think the open-source model extends? It works for servers and operating systems. But how about for niche products, such as Photoshop?
A: As the CEO of an open-source company, I think it's no longer a question of if but when. It will take a proven methodology and proven distribution and service channels to refine the approach. It's a very difficult and expensive process to build. But I'm starting to see open-source solutions being developed around PostGres [an open-source database]. If you look at OpenOffice, which ships with Red Hat 7.3, that's a competitive productivity suite.
Q: Market researchers such as Gartner think that Microsoft's Window's XP is going to outpace Linux because of its connection to Windows.
A: Proving that would be a challenging debate. How do you track the free distributions [of open-source software] that are downloaded? It's an inexact science.
Q: You're the biggest open-source player, pulling in $80 million to $100 million per year in sales. If you were to guess what the size of the market is right now, what would you say?
A: You have to look across the industry, at servers shipped, consulting services, everything that goes into Linux and other open-source products. It's probably close to a multibillion dollar business.
http://biz.yahoo.com/bizwk/020517/tc200205151779_1.html
post constructively or don't post at all.
What are you talking about, boxes?
Hey, where is the spirit on this board? AOL let's Rhat build some boxes. Now that are very nice news.
Cheers..
Red Hat and SuperH Develop Open Source Tools for New 64 Bit Processors
GNUPro Developer Tools Developed for SuperH SH-5 Architecture
RESEARCH TRIANGLE PARK, N.C.--(BUSINESS WIRE)--Feb. 13, 2002--Red Hat, Inc. (Nasdaq:RHAT - news), the world's premier open source and Linux provider, and SuperH, Inc., the developer of RISC microprocessor cores, today announced that they are working together on a compiler for the new 64 bit SuperH SH-5 processor. The Red Hat GNUPro compiler is a commercial software development suite of tools built around the open source GNU standard. The joint work with Red Hat is part of SuperH's commitment to using, and making available, open source software for the SuperH architecture.
The SuperH architecture is ideally suited to digital consumer convergence products and targeted at service providers, system manufacturers and semiconductor suppliers. Red Hat is working with SuperH to develop open source solutions across the SuperH architecture to deliver powerful, reliable and affordable solutions ideal for the mass consumer device market. The SuperH architecture, including the new 64 bit SH-5 core architecture, will be supported by the Red Hat Embedded Linux Developer Suite enabling developers to gain access to the latest software upgrades as they become available and to Red Hat Open Source Support.
``When designing consumer devices, getting the embedded technology right is critical -- it must be able to support feature rich applications but also come in at the right price point for the mass consumer market,'' said Jon Frosdick, software director of SuperH, Inc. ``Open source software is an important part of our strategy for ensuring that the SuperH architecture is designed to deliver the highest price performance ratio. We're delighted to be working with Red Hat to develop open source solutions for the new SuperH SH-5 architecture.''
``It is vital that new chip architectures are able to draw upon an established developer community to accelerate their adoption into new products and devices,'' said James Prasad, vice president EMEA, Red Hat. ``The GNU project is the heart of open source development. When you combine this with Red Hat's Embedded Linux Developer Suite, there is a fully supported cast of thousands all contributing to its continued development and success. This joint project with SuperH is a great endorsement of Red Hat's GNUPro toolsuite as a standard reference base for next-generation processor platforms based around the new 64 bit SH-5 core.''
The SuperH architecture is designed for digital consumer applications such as set-top boxes, portable multimedia appliances, games consoles, and many other 'infotainment' products. Automotive applications include car information systems, motor control systems and satellite navigation products. Telecoms applications include video telephones, home gateway systems and smart phone applications.
GNU is a wide-range of open source-based, freely downloadable software programs that are licensed under the terms of the General Public License (GPL). A subset of GNU is its development tools, which include command-line-based compiler and debugger technology. The source code for these tools, while freely available, generally does not include pre-built binaries. It has not been subjected to formal testing, nor is there a guaranteed mechanism for new platform support.
Red Hat GNUPro provides a commercial grade toolsuite based on the GNU standard. This toolsuite is built on a standard reference base and delivered with pre-configured binaries. GNUPro features include a graphical interface, compiler, debugger, linker, loader and utilities. The development of extensions and enhancements to GNUPro are driven by Red Hat engineers and customers, then put through a rigorous test and release process. Through collaboration between Red Hat and its partners, GNUPro is extended to support next-generation processor platforms ensuring that Red Hat supports customers' long-term product or application development plans. With real-time response and on-going maintenance, Red Hat ensures that its customers' engineering teams aren't forced to lose development time because of tool-related issues.
About SuperH, Inc.
SuperH, Inc. was established as an independent company in July 2001 following an agreement between STMicroelectronics and Hitachi to create an independently managed entity to develop processor cores for the open market.
Currently SuperH, Inc. is seeking partners to license its high-performance, low-cost, power efficient SH-4 core, which is targeted at the next generation PDA market, the set-top-box sector, the games console sector and the automotive sector. Looking to the future SuperH, Inc. will develop all subsequent SuperH cores to the open market, including the development of the soon to be launched 64-bit SH-5 processor as well as future SH-6 and SH-7 cores, due to be unveiled over the next two years.
About SuperH, Inc. Processor Cores
The SuperH family of high-performance 32-bit and 64-bit processor cores is ideally suited for digital consumer, automotive and telecommunications applications. These applications typically require a highly integrated system-on-chip solution that includes a powerful embedded processing engine and can run a wide variety of application software on industry-standard operating systems and middleware.
SuperH is a RISC microprocessor technology based on an original Hitachi architecture. To date, six cores have been released: the SH-1, SH-2, SH-3, SH2-DSP, SH-DSP and SH-4. SuperH processors are used in many fields of industry including information systems and digital consumer products such as set-top boxes, factory automation systems and digital cameras. Further information about SuperH products can be found on www.superh.com.
About Red Hat, Inc.
Red Hat is the world's premier open source and Linux provider. Red Hat is headquartered in Research Triangle Park, N.C., and has offices worldwide. Please visit Red Hat on the Web at www.redhat.com. For investor inquiries, contact Gabriel Szulik at Red Hat, 919/547-0012.
LINUX is a trademark of Linus Torvalds. RED HAT is a registered trademark of Red Hat, Inc. All other names and trademarks are the property of their respective owners.
FORWARD-LOOKING STATEMENTS: Forward-looking statements in this press release are made pursuant to the safe harbor provisions of Section 21E of the Securities Exchange Act of 1934. Investors are cautioned that statements in this press release that are not strictly historical statements, including, without limitation, management's plans and objectives for future operations, and management's assessment of market factors, constitute forward-looking statements which involve risks and uncertainties. These risks and uncertainties include, without limitation, reliance upon strategic relationships, management of growth, the possibility of undetected software errors, the risks of economic downturns generally, and in Red Hat's industry specifically, the risks associated with competition and competitive pricing pressures, the viability of the Internet, and other risks detailed in Red Hat's filings with the Securities and Exchange Commission, copies of which may be accessed through the SEC's Web site at http://www.sec.gov.
http://biz.yahoo.com/bw/020213/132021_1.html
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