Here's an interesting tidbit SCO submitted back in December of 2004, the Declaration of Jean Acheson [PDF]. It's another in the list of exhibits attached to the Declaration of Jeremy O. Evans In Support of SCO's Memorandum in Opposition to IBM's Motion for Summary Judgment on Breach of Contract Claims which Frank picked up for us at the courthouse.
She says she is in charge of keeping track of revenues paid by Sequent for licensing SVRX code from SCO, and "SCO has not received any such royalties since March 2003." Perhaps that's because SCO claims to have terminated Sequent's license.
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Brent O. Hatch (5715)
HATCH, JAMES & DODGE
[address, phone, fax]
Robert Silver (admitted pro hac vice)
Edward Normand (admitted pro hac vice)
Sean Eskovicz (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address, phone, fax]
Stephen N. Zack (admitted pro hac vice)
Mark J. Heise (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address, phone, fax]
Attorneys for Plaintiff
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
THE
SCO GROUP, Inc.
Plaintiff,
v.
INTERNATIONAL BUSINESS MACHINES CORPORATION,
Defendant.
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Case No. 2:03CV0294DAK
Hon. Dale A. Kimball
Magistrate Judge Brooke C. Wells
DECLARATION OF
JEAN ACHESON
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1. My name is Jean Acheson. I am employed by the SCO Group, Inc. ("SCO"). My office is located at Lindon, Utah. Unless otherwise noted, or evident from the context, this declaration is based on my personal knowledge.
2. I have been employed by SCO (or its prececessors-in-interest including the Santa Cruz Operation, Inc.) since approximately 1992. My current title at SCO is Revenue Director. As of January 1997, my title was Revenue Manager. In those capacities, I have administered the collection of The Santa Cruz Operation's and SCO's royalties from its UNIX System V ("SVRX") source code licensees.
3. Sequent is a signatory to Software Agreement SOFT-00321 and Sublicensing Agreement SUB-00321a. Under these agreements, SCO licensed SVRX code to Sequent and received royalties for the use of that code. SCO has not received any such royalties since March 2003.
I declare under penalty of perjury that the foregoing is true and correct.
Executed: November 30, 2004.
___[signature]___
Jean Acheson
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