:Groklaw: Judge Wells' Order--SCO Doesn't Get All AIX Files, IBM Doesn't Have to Go First
Groklaw: Judge Wells' Order--SCO Doesn't Get All AIX Files, IBM Doesn't Have to Go First Mar 4, 2004, 00 :11 UTC (2 Talkback[s]) (7670 reads) (Other stories by Pamela Jones)
"The order is in. She tells both sides to comply with discovery, but in the case of IBM, she specifically restricts the requirement that they provide AIX files to the 232 mentioned by IBM's lawyer, David Marriott, at the last hearing on February 6. SCO must demonstrate a need for more if they want more. But they don't get every AIX version from the beginning as they had requested. SCO has 45 days to comply fully with IBM's discovery demands.
"SCO has 45 days to identify 'all specific lines of code' they allege IBM put into Linux from AIX or Dynix; identify and provide 'with specificity' all lines of code in Linux that it claims rights to; provide and identify with specificity the lines of code that SCO distributed to other parties, and this is to include 'where applicable the conditions of release, to whom the code was released, the date and under what circumstances such code was released.'
"The previous discovery stay is lifted. IBM has 45 days to provide the releases of AIX and Dynix consisting of 'about 232 products' as was represented by Mr. Marriott at the February 6, 2004 hearing. After that SCO can provide memoranda indicating 'if and how these files support its position and how they are relevant. If they ask for more files, they are to explain reasons for such requests.. Then the court 'will consider ordering IBM to produce more code from AIX and Dynix...'"
