Groklaw: Whose “Hands” are “Unclean?”–SCO, IBM’s ‘Agents,’ and The Computer Fraud and Abuse Act

“In its Reply Memorandum, filed Nov. 30th, 2004, SCO presents a
rather simplistic section titled ‘IBM’s Unauthorized Access Into
SCO’s Website.’ In doing so, SCO, understandably, from their legal
perspective, skips over the nuanced and swiftly emerging world of
cyberspace jurisprudence. CFAA case law, and particularly its
employment of technological language and technological concepts, is
not quite so certain, fixed, or agreed upon, as SCO lawyers would
have us think.

“SCO seeks to have IBM’s evidence thrown out as a result of
IBM’s supposed ‘unclean hands’ in obtaining the evidence. SCO’s
claim, that ‘agents’ of IBM ‘improperly’ obtained evidence by
accessing, in an allegedly unauthorized manner, SCO’s


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