“The big news from the hearing today is that Judge Wells told
SCO that they have to go first. They have to show IBM what code
they are alleging is infringing. All during discovery, SCO has been
telling IBM they had to show all their code first, and then SCO
would identify the alleged infringements. IBM kept telling SCO in
reply that they had the burden, as plaintiffs, to at least tell IBM
what code was involved. Today the judge told SCO that IBM was
right. SCO has 30 days to comply. IBM doesn’t have to turn over
anything until they do it. The judge’s order will be filed
Wednesday, and SCO has a month to show the code. They can’t force
IBM to go first. That dance is over.“Cody Hilton of Guru Labs, a Utah Linux training company,
attended the hearing, and the second big piece of news is that
David Boies didn’t show up. Darl’s brother represented SCO. His
brother is Kevin McBride, the same person we noted who was involved
in writing the Open Letter yesterday…”