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SCO v. IBM Moves Along

Apr 22, 2005, 16:00 (8 Talkback[s])

Editor's Note: First, a fairly straighforward report of the discovery order from Magistrate Wells...

internetnews.com: Less Paperwork For IBM

"IBM's plea for less paperwork worked, with Magistrate Judge Brooke Wells this week deferring 97 percent of the documentation required from a previous ruling.

"In January, the judge ruled IBM must hand over all applicable documents from the 3,000 programmers who played the biggest part in developing the AIX and Dynix operating systems.

"IBM subsequently filed a motion for reconsideration, saying 'the parties did not fully brief, nor did the court fully understand,' the burden of producing documents on 3,000 people..."

Complete Story

...Groklaw, of course, has its own take on the order (including a copy of the actual document). It also mentions something that apparently Her Honor missed in her reiteration to IBM to turn over all non-public contributions they made to the Linux kernel: there aren't any non-public contributions to the kernel. That's what the GPL is for...

Groklaw: Order on Motion for Reconsideration --IBM Doesn't Yet Have to Hand Over 3,000 -- Just 100

"Judge Wells has issued her Order regarding the IBM Motion for Reconsideration. She has acknowledged that she was not fully informed before. Don't you admire that? I do. So she rules that IBM's motion for reconsideration is properly before her on the issue of burden.

"So, for now, IBM does not have to turn over the files of the 3,000 individuals who have contributed the most to AIX and Dynix. That is deferred. They have to turn over for 100 individuals in 90 days, and then SCO can ask for more details if they want to. It's a much more balanced order..."

Complete Story

...Groklaw didn't spend a lot of time on the why behind the move for a reduced developer discovery (to let SCO has just a bit of the data first and then leaving it open for them to get more specific in their discovery later on should they find anything). Instead, the article cheerfully spent time blasting coverage from one Maureen O'Gara...

Linux Business News: Court Orders IBM To Give SCO *ALL* Linux Discovery

"The federal court in Utah hearing the $5 billion SCO v IBM case has told IBM that it has 75 days to turn over to SCO ALL non-public information relating to its Linux contributions, a year-old order IBM has been trying duck.

"The caps and double underlining of the word ALL belong to Magistrate Brooke Wells and were used in her ruling Wednesday on IBM's motion asking her to reconsider her massive discovery order of January 18. They leave one to speculate on her attitude towards IBM's discovery delays..."

Complete Story

...Well, you can't fault Groklaw for having their fun, especially with that article. Again, for those of you just joining, ALL contributions to the Linux kernel are public, so this order adds up to what we call "bupkis." Meanwhile, over in Judge Kimball's courtroom...

The Salt Lake Tribune: SCO Group Seeks to Amend IBM Suit a 3rd Time

"Utah's SCO Group, claiming it can show IBM copied 200,000 lines of its Unix code into the freely distributed Linux operating system, wants a federal judge to amend its lawsuit a third time.

"The Lindon software company, which is suing the world's largest computer company for $5 billion, also asked U.S. District Judge Dale Kimball on Thursday to order IBM Chief Executive Samuel Palmisano to submit to deposition questioning about the alleged code theft..."

Complete Story

...with, finally, an eyewitness account of the hearing proceedings over at Groklaw...

Groklaw: Groklaw's Eyewitnesses Report From the Courtroom--It Went Well

"Chris Brown went to the hearing today, and he has just now returned. It sounds from his report that everything went really well. SCO, he says, tried again to read from confidential email, but IBM's David Marriott brought it to Judge Kimball's attention and it was brought to a halt. Can you believe these guys? Anyhow, from what Chris writes, I get the impression that SCO's chances are not so good for being able to amend the complaint again. I wasn't there, though, so I can't stand on any dime on that. See what you think...."

Complete Story

...I hope you enjoyed this journey to the land of spin, and leave you to sort out the impact of yesterday's events for yourselves. -BKP

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