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IBM's Memo in Opposition to SCO's Motion to Depose Intel et al, Exhibits (the 3 Subpoenas) - as text |
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Monday, February 20 2006 @ 06:13 AM EST
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Here's IBM's Memorandum in Opposition to SCO's Motion for Leave to Take Certain Prospective Depositions [PDF], and the exhibits, Exhibit 1 [PDF] (email between IBM and SCO attorneys about a teleconference), Exhibit 2 [PDF] (the three subpoenas and notices of depositions to Intel, Oracle and the Open Group, the second batch), and Exhibit 3 [PDF], portions of SCO's answers to IBM's interrogatories back in October of 2003), as text, thanks to Steve Martin. Exhibit 4 was filed under seal. I'm guessing SCO is wishing now that they never sent those subpoenas or filed the motion. But there it is, and there is no escape.
I think they rely a great deal on Judge Wells' good nature, but I seriously doubt that even Judge Wells will attribute good faith in the matter of the subpoenas, unless SCO has some extraordinary explanation I can't even imagine. That is the trouble with stepping over the line, though. Once you get used to doing it, how do you know any more when you've gone too far? What is there to give you a clue? Without an internal moral compass or even just simple obedience to the rules of the game everyone is supposed to play by, what is there to warn you that this time you will hit a wall of outrage, as happened here? You will notice that IBM does not fail to draw the court's attention to Intel's Nonparty Response to SCO's Motion for Leave to Take Certain Prospective Depositions in which Intel informed the court that SCO's account of what happened is "untrue", in footnote 1. Also, I notice a new attorney name for IBM, Jennifer M. Daniels, listed as of counsel, an inhouse IBM attorney, instead of the usual Donald J. Rosenberg. Checking on this, I find that actually her name first turned up in IBM's recent motion asking the court to throw out most of SCO's list of allegedly misused materials. I just didn't notice until now. We'll have to add her to our Cast of Characters page. I love that page, because it makes it so easy to figure out who is who. There is one change we've made to the document. Steve included links that don't appear in the original, such as a link to the PDF of Judge Wells' earlier order which IBM quotes from, the one where she told SCO that she wouldn't entertain any motions to extend the January 27 deadline for the sake of depositions. Those links are just aids, not a representation of what is in the original. We'll find out if Judge Wells means what she says at all on February 24. So far, she has let them take two depositions after the deadline, despite earlier ruling that she wouldn't entertain motions on that theme, as we learn in this memorandum, and IBM let them take two others after the deadline (actually they were just postponements of previously scheduled depositions, I gather from Exhibit 1). You'll see that Ed Chatlos was planning on filing for an order of protection, which IBM tells SCO in Exhibit 1 it will not oppose, if Mr. Chatlos really isn't available after all for the original date. None of this is really extraordinary. Things happen in real life, and people have to reschedule, and the end of discovery tends to be a bit frantic. Of course, it's worse if, like SCO, you could have deposed folks a couple of years ago and just didn't until the very last minute. A little flexibility, as both the court and IBM showed, is appropriate, if it's a matter of unforeseen occurrences, though. But all of these depositions are using up IBM's discovery time. Likely that is at least part of the point. Having obtained 4 more depositions into IBM's discovery time, of course SCO wants three more (maybe more than three, because it's very likely that the three subpoenaed parties will need to produce more than one witness to address the listed topics), the three depositions they'd like to take of Intel, the Open Group and Oracle. IBM points out that Judge Wells turned them down once on that question in a telephone conference, and since SCO hasn't come up with any new reasons why their request should be granted, their motion should fail, IBM argues. Betcha SCO comes up with some new reasons now. That would be after the frantic explanations. But I see something else here. Take a look at the Topics for Deposition on Open Group's 30(b)(6) Notice, on pages 9 and 10 on Exhibit 2. There is no way to read that list and not come away with the distinct impression that SCO is signaling that it is thinking of going after the Open Group. SCO is such a sore loser. Here's my early theory, subject to revision as more facts come to light, and it is a theory that thoroughly creeps me out: I suspect that SCO has gone through all the code, and there is no there there. They have filed a complaint that asks for billions in damages, and they can't find anything of substance to back up their claims. They read Groklaw, so they must have a clue that they won't get too far with ABI and ELF files. What to do? What to do? How about accusing the Open Group of inappropriately including SCO's proprietary code in its specifications? Oh, and Intel appears to be targetted as some kind of accomplice. It's a little late for that, I'd say, but I would imagine it would provide some more delay while everyone has the economic burden and the psychological annoyance of having to prove to the court and to the nontech world that it is another wild and crazy SCO accusation. I know. It sounds stupid, my theory. But I can't see why else SCO would be making such lists as these. Perhaps you can see something I'm missing. However silly my theory may seem, I put it to you: when has silliness ever stopped SCO from making claims? Finally, take a look at Exhibit 3. Why, my stars. They are making a claim that just happens to sound a lot like Daniel Wallace's antitrust claim. What a small world. SCO claims that the only reason for switching to Linux is because it's "free" -- by which they mean free as in beer. There is, they allege, no technological advantage to the switch, and therefore IBM is guilty of encouraging companies to switch just so IBM can "gain additional services work" and to "license middleware to customers in lieu of operating system software." "Linux," SCO writes, "adds no technology advantages to customers..." If I may, may I direct you to News Picks? There is, quite coincidentally, a link there to an article in eWeek in which a number of CIOs who have switched to GNU/Linux systems explain that it really wasn't just the reduced costs that made them switch. It was the quality, stability and reliability of the code, and the quick patches and updates. I'm not making this up. Here's the link. So, what does this tell us? That, once again, SCO has made a claim that doesn't match reality and so is easy to disprove without breaking a sweat. It's the SCO curse. ***************************
SNELL & WILMER L.L.P.
Alan L. Sullivan (3152)
Todd M. Shaughnessy (6651)
Amy F. Sorenson (8947)
[address]
[phone]
[fax]
CRAVATH, SWAINE & MOORE LLP
Evan R. Chesler (admitted pro hac vice)
David R. Marriott (7572)
[address]
[phone]
[fax]
Attorneys for Defendant/Counterclaim-Plaintiff
International Business Machines Corporation
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
THE SCO GROUP, INC.,
Plaintiff/Counterclaim-Defendant,
-against-
INTERNATIONAL BUSINESS
MACHINES CORPORATION,
Defendant/Counterclaim-Plaintiff.
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IBM'S MEMORANDUM IN
OPPOSITION TO SCO'S
MOTION FOR LEAVE TO TAKE
CERTAIN PROSPECTIVE
DEPOSITIONS
Civil No. 2:03CV-0294 DAK
Honorable Dale A. Kimball
Magistrate Judge Brooke C. Wells
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1
Defendant/counterclaim-plaintiff International Business Machines Corporation
("IBM") respectfully submits this memorandum in opposition to SCO's Motion For Leave To
Take Certain Prospective Depositions.
Argument
SCO's motion seeks an extension of the January 27, 2006 deadline for the
purpose of taking additional depositions. Not only did SCO commit that it would not seek to
extend that deadline, but the Court expressly ruled that SCO would not be allowed to do so.
SCO's motion therefore should be denied.
In an order dated October 12, 2005, the Court increased the number of depositions
allowable to each side on the condition that the January 27, 2006, discovery deadline would not
be extended. The Court ruled:
The Court hereby increases the number of allowable depositions by 10 as to each side.
However, all depositions must be completed by the applicable discovery cut-off date as
set forth in Judge Kimball's July 1, 2005 Order. To the extent such depositions cannot be
completed within that period of time they must be foregone. The Court will not entertain
any motion for an extension of time to complete depositions.
(10/12/05 Order at 4.)
On the eve of the January 27, 2006, deadline, SCO nevertheless asked IBM to
consent to SCO's taking two depositions (Mr. Jack Messman and Mr. Edward Chatlos) after the
deadline. IBM advised SCO that it would not oppose a motion to conduct these depositions after
the deadline so long as (1) the witnesses were unavailable before the deadline; and (2) SCO's
request was unique, not part of a broader effort to extend the deadline to take additional
depositions. (See Ex. 1.) SCO agreed and, on the basis of IBM's consent, obtained leave of
Court to take these depositions after the deadline.
2
Having obtained leave of Court to take the depositions of Messrs. Messman and
Chatlos, SCO turned around — six days later — and asked the Court to allow it to take five more
depositions after the deadline, including the depositions of Otis Wilson, Ted Kennedy, Intel
Corporation ("Intel"), The Open Group, Inc ("The Open Group"), and Oracle Corporation
("Oracle"). SCO did so despite the Court's Order of October 12, 2005 and despite SCO's prior
commitment to IBM. In a teleconference with the parties on January 26, 2006, the Court
permitted SCO to pursue the depositions of Messrs. Kennedy and Wilson. Relying on its
October 20, 2005, Order, however, the Court informed SCO that it would not allow SCO to
depose Intel, Oracle and The Open Group. Upon SCO's request, the Court permitted SCO to file
this motion.
SCO contends that it should be allowed to proceed with the depositions of Intel,
Oracle and The Open Group because it timely served these companies with Rule 30(b)(6)
subpoenas and they failed to appear for the depositions without filing a motion to quash or for a
protective order. That is false. SCO noticed the depositions of Intel, Oracle and The Open
Group for January 27, 2006, the last day on which SCO could depose them. However, SCO
failed to serve subpoenas on these three companies until the afternoon of January of 26, 2006.
(See Ex. 2) Less than one day's notice is plainly insufficient and represents no notice. See, e.g.,
In re Sulfuric Acid Antitrust Litig., 231 F.R.D. 320, 327-28 (N.D. Ill. 2005) (finding 10 days
notice unreasonable).
3
SCO should not be allowed further to extend the deadline for at least five basic
reasons: (1) SCO has known about these parties for years, but failed to serve them properly until
the day before the close of SCO's fact discovery ; (2) the Court ruled in its October 12, 2005
Order that the deadline would not be extended; (3) SCO agreed not to extend the deadline as to
depositions beyond those of Messrs. Messman and Chatlos; (4) the Court informed SCO during
the January 26 teleconference that the depositions of Intel, Oracle and The Open Group would
not be allowed, and SCO's motion advances no new arguments or reasons for taking these
depositions; and (5) it would be prejudicial to IBM to continue to allow SCO to take more
depositions — it already has been given leave to take four — during the period when discovery is
supposed to be focused on defenses to the allegedly misused material. Accordingly, SCO's
motion for leave to take additional depositions should be denied.
Conclusion
For the foregoing reasons, IBM respectfully requests that the Court deny SCO's
Motion for Leave to Take Certain Prospective Depositions.
4
DATED this 13th day of February, 2006.
Snell & Wilmer L.L.P.
/s/ Todd M. Shaughnessy
Alan L. Sullivan
Todd M. Shaughnessy
Amy F. Sorenson
CRAVATH, SWAINE & MOORE LLP
Evan R. Chesler
David R. Marriott
Of Counsel:
INTERNATIONAL BUSINESS MACHINES CORPORATION
Jennifer M. Daniels
Alec S. Berman
[address]
[phone]
Attorneys for Defendant/Counterclaim-Plaintiff
International Business Machines Corporation
1
SCO likewise failed to meet and confer regarding the scheduling of the depositions, as
required by the local rules of the jurisdiction from which two of the subpoenas were issued, the
Northern District of California. See Nonparty Intel's Response to SCO's Motion for Leave to
Take Certain Prospective Depositions, dated February 7, 2006.
2
In answers to interrogatories dated October 23, 2003, SCO identified Intel as one of the
companies who had a business relationship with which IBM allegedly interfered. (See Ex. 3.)
SCO likewise identified Oracle in its answers to interrogatories dated January 12, 2004. (See Ex.
4 (filed under seal).) Finally, The Open Group — the owner of the UNIX and UnixWare
trademarks — has been cited in almost every press release issued by SCO over the past few years.
5
CERTIFICATE OF SERVICE
I hereby certify that on the 13th day of February, 2006, a true and correct copy of
the foregoing was sent by U.S. Mail, postage prepaid, to the following:
Brent O. Hatch
Mark F. James
HATCH, JAMES & DODGE, P.C.
[address]
Robert Silver
Edward Normand
BOIES, SCHILLER & FLEXNER LLP
[address]
Stephen N. Zack
Mark J. Heise
BOIES, SCHILLER & FLEXNER LLP
[address]
/s/ Todd M. Shaughnessy
6
EXHIBIT 1
1
David Marriott
01/20/2006 03:21 PM
To "Ted Normand" [email address]
cc [tshaughnessy email address]
bcc
Subject RE: SCO v. IBM
Ted,
Ideally we'll have someone on the call. I cannot do it, but I will see if I can reach Todd at the deposition he is in. I have not yet been able to reach him. It does not look good if you are looking to make the call soon. If we cannot be on the call, you may represent that IBM does not oppose the motions subject to the conditions set forth in my emails: (1) the witnesses are truly unavailable; and (2) the deferrals of these depositions are unique circumstances, not part of a broader effort by SCO to extend depositions past the deadline.
Dave
"Ted Normand" [email address]
01/20/2006 03:13 PM
To "David Marriott" [email address]
cc [tshaughnessy email address]
Subject RE: SCO v. IBM
David --
I should have been clearer. To the extent that IBM does not want to appear
on the call I mentioned, may I represent to the Court that IBM does not
oppose the motions subject to the conditions set forth in your e-mail to me
and previous e-mail to Ken Brakebill? Regards,
Ted
-----Original Message-----
From: David Marriott [mailto: [email address]]
Sent: Friday, January 20, 2006 3:05 PM
To: Ted Normand
Cc: [tshaughnessy email address]
Subject: SCO v. IBM
Ted,
In response to your inquiry about postponing Mr. Chatlos' deposition, IBM's
position is essentially the same as with respect to Mr. Messman's
deposition.
The deadline for SCO to take Novell's deposition is January 27, 2006.
Magistrate Judge Wells has been clear that the deadline will not be
extended, especially to accommodate additional depositions.
2
We will not oppose a motion by Mr. Chatlos for a protective order, however,
assuming he is truly unavailable; and the deferral of his deposition is an
essentially-unique circumstance as opposed to a part of a broader effort by
SCO to extend depositions beyond the deadline.
Regards,
Dave
This e-mail is confidential and may be privileged. Use or disclosure of it
by anyone other than a designated addressee is unauthorized. If you are not an intended
recipient, please delete this email from the computer on which you received it.
3
EXHIBIT 2
1
Issued by the UNITED STATES DISTRICT COURT ________DISTRICT OF Massachusetts
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The SCO Group, Inc.
V.
International Business Machines Corp.
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SUBPOENA IN A CIVIL CASE
CASE NUMBER:1 2:03CV0294 District of Utah
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TO: The Open Group
[address, MA]
___YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specified below to testify in the above case.
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PLACE OF TESTIMONY |
COURTROOM |
|
DATE and TIME
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X YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in the above case.
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PLACE OF DEPOSITION
Ropes & Gray LLP
[address, MA]
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DATE AND TIME
Jan. 27, 2006 9 a.m.
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X YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the place,
date, and time specified below (list documents or objects):
See Attached Exhibit A.
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PLACE
Ropes & Gray LLP
[address, MA]
|
DATE AND TIME
Jan. 27, 2006 9 a.m.
|
____YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below. |
PREMISES
|
DATE and TIME |
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officer, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify, Federal Rules of Civil Procedure, 30(b)(6).
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ISSUING OFFICER SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT)
[signature of Edward Normand] For Plaintiff
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DATE
1/26/2006
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ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER
Edward Normand, Esq., Boies, Schiller & Flexner LLLP
[address] Armonk, NY [zip, phone]
|
(See Rule 45 Federal Rules of Civil Procedure, Parts C & D on Reverse)
1 If action is pending in district other than the district of issuance state district under case number.
2
[blank proof of service form & Rule 45 Federal Rules of Civil Procedure, Parts C & D]
3
EXHIBIT A
You are instructed to produce the following documents at the time and place
specified in the subpoena:
1.
Documents concerning the creation or development of, and the reasons for
creating or developing, Single UNIX Specification 2001.
2.
Documents concerning the Open Group's policies and procedures for obtaining
legal permission to obtain and use material from third parties in any standard.
3.
Documents concerning the inclusion of the following header files in the Single
UNIX Specification 2001:
-
difch.h
-
fmtmsg.h
-
ftw.h
-
shm.h
-
ipc.h
-
libgen.h
-
msg.h
-
poll.h
-
sem.h
-
statvfs.h
-
strings.h
-
stropts.h
-
syslog.h
-
ucontext.h
-
ulimit.h
-
utime.h
-
utmpx.h
-
utsname.h
4.
Documents concerning any authority from SCO (or any of its predecessors-in-interest)
to include any of the header files in Topic 3 as part of Single UNIX
Specification 2001.
5.
Documents concerning the creation or development of the standards appearing in
The Open Group Base Specification Issue 6.
6.
Documents concerning the Open Group's efforts to work on UNIX Developer
Guide — Programming Interface ("UDG-PI") in order to make Executable and
Linking Format ("ELF") binary specifications a publicly available standard for
UNIX-on-Intel.
4
7.
Documents concerning the creation or development of the following specification
documents for Linux Standards Base:
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Common Linux ELF Binary Specification
-
Linux for IA-32 ELF Binary Specification
-
Linux for IA-64 ELF Binary Specification
-
Linux for PPC-32 ELF Binary Specification
-
Linux for PPC-64 ELF Binary Specification
-
Linux for S-390 ELF Binary Specification
8.
Documents concerning any authority from SCO (or any of its predecessors-in-interest)
to include the ELF standards and documentation in Topic 7 as part of any
Open Group standards release.
Instructions and Definitions
A. Definitions
1.
The term "AIX" shall mean the UNIX-based operating system known by that
name distributed and/or developed by IBM, including all prior versions, releases
and maintenance modifications. The term "AIX" shall include, but not be limited
to, all version of the "AIX for Power PC" and "AIX for Itanium" operating
systems.
2.
The term "concerning" shall mean relating to, referring to, reflecting, describing,
evidencing, referencing, discussing, or constituting.
3.
The term "document" shall be synonymous in meaning and usage to the broadest
scope of the term used in Rule 34(a) of the Federal Rules of Civil Procedure. The
term "document" shall include without limitation all written, phonic, graphic or
recorded matter, including without limitation, information stored on computers,
disks, tapes (i.e., magnetic or other storage media), World Wide Web pages, and
electronic mailing lists. The term "document" specifically includes electronic
mail ("e-mail") and any attachments and files created, maintained, or existing in
electronic form.
4.
The term "Dynix" shall mean the UNIX-based operating system known by that name
distribute and/or developed by Sequent Computer Systems, Inc. and/or
IBM, including all prior versions, releases, derivative works, methods, and
modifications. The term "Dynix" shall include, but not be limited to, all versions
of the "Dynix/ptx" operating system.
5.
The term "include" or "including" shall mean including without limitation.
5
6.
The term "Linux" shall mean any version of Linux.
7.
The term "UNIX" shall mean any and all versions, flavors, or other variants of
any UNIX computer operating system, including, without limitation, all operating
systems certified as conforming to the UNIX-brand standards.
B. Instructions
1.
Each paragraph herein should be construed independently and, unless otherwise
stated, without reference to any other paragraph for the purpose of limitation.
2.
Unless otherwise specified, the documents requested are the responsive
documents in your possession, control or custody that were prepared, written,
sent, dated, received, applicable or in effect at any time up to the date of your
compliance with this demand.
3.
Each requested document shall be produced in its entirety. If a document
responsive to any request cannot be produced in full, it shall be produced to the
extent possible with an explanation stating why production of the remainder is not
possible.
4.
All documents produced in response to this subpoena shall be produced in the
same order as they are kept or maintained in the ordinary course of business and,
where attached, shall not be separated or disassembled.
5.
With respect to any document responsive to this request that is withheld from
production based upon a claim of privilege, please provide the information
required pursuant to the Federal Rules of Civil Procedure.
6.
If, for reasons other than a claim of privilege, you refuse to provide any document
requested herein, state the grounds upon which the refusal is based with sufficient
specificity to permit a determination of the propriety of such refusal.
7.
The deposition will be recorded by stenographic and audio-visual means.
6
Brent O. Hatch (5715)
Mark F. James (5295)
HATCH, JAMES & DODGE
[address]
[phone]
[fax]
Stuart H. Singer (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address]
[phone]
[fax]
Robert Silver (admitted pro hac vice)
Edward Normand (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address]
[phone]
[fax]
Stephen N. Zack (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address]
[phone]
[fax]
Attorneys for The SCO Group, Inc.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
THE SCO GROUP, INC.,
Plaintiff/Counterclaim-Defendant,
v.
INTERNATIONAL BUSINESS
MACHINES CORPORATION,
Defendant/Counterclaim-Plaintiff.
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SCO'S NOTICE
OF 30(b)(6) DEPOSITION
Case No. 2:03CV0294DAK
Honorable Dale A. Kimball
Magistrate Judge Brooke C. Wells
|
PLEASE TAKE NOTICE that pursuant to Rules 26 and 30(b)(6) of the Federal Rules of
Civil Procedure, counsel for plaintiff, The SCO Group, Inc. ("SCO"), will take the deposition
upon oral examination of The Open Group ("Open Group"), on January 27, 2006, beginning at
9:00 a.m. This deposition will be taken at the offices of Ropes & Gray LLP, [address]
7
[address continued],
and will be taken pursuant to Rules 26 and 30 of the Federal Rules of Civil Procedure.
Open Group is directed, pursuant to Fed. R. Civ. P. 30(b)(6), to designate one or more
officers, directors, managing agents or other person(s) who consent to testify on its behalf
concerning matters known or reasonably available to Open Group, concerning the topics
specified below. The deposition will be taken before a Notary Public authorized by law to
administer an oath and will continue from day-to-day until completed. The deposition will be
recorded by stenographic and videotape means.
SCO incorporates all instructions, definitions and rules contained in Rules 30 and 34 of
the Federal Rules of Civil Procedure and the local rules or individual practices of this Court.
DATED this 26th day of January, 2006.
Respectfully submitted,
HATCH, JAMES & DODGE, P.C.
Brent O. Hatch
Mark F. James
BOIES, SCHILLER & FLEXNER LLP
Robert Silver
Stuart H. Singer
Stephen N. Zack
Edward Normand
By [signature of Edward Normand]
Counsel for The SCO Group, Inc.
8
TOPICS FOR DEPOSITION
-
The creation or development of, and the reasons for
creating or developing, Single UNIX Specification 2001.
-
The Open Group's policies and procedures for obtaining
legal permission to obtain and use material from third parties in any standard.
-
The inclusion of the following header files in the Single
UNIX Specification 2001:
-
difch.h
-
fmtmsg.h
-
ftw.h
-
shm.h
-
ipc.h
-
libgen.h
-
msg.h
-
poll.h
-
sem.h
-
statvfs.h
-
strings.h
-
stropts.h
-
syslog.h
-
ucontext.h
-
ulimit.h
-
utime.h
-
utmpx.h
-
utsname.h
-
Any authority from SCO (or any of its predecessors-in-interest)
to include any of the header files in Topic 3 as part of Single UNIX
Specification 2001.
-
The creation or development of the standards appearing in
The Open Group Base Specification Issue 6.
-
The Open Group's efforts to work on UNIX Developer
Guide — Programming Interface ("UDG-PI") in order to make Executable and
Linking Format ("ELF") binary specifications a publicly available standard for
UNIX-on-Intel.
-
The creation or development of the following specification
documents for Linux Standards Base:
-
Common Linux ELF Binary Specification
-
Linux for IA-32 ELF Binary Specification
9
-
Linux for IA-64 ELF Binary Specification
-
Linux for PPC-32 ELF Binary Specification
-
Linux for PPC-64 ELF Binary Specification
-
Linux for S-390 ELF Binary Specification
-
Any authority from SCO (or any of its predecessors-in-interest)
to include the ELF standards and documentation in Topic 7 as part of any
Open Group standards release.
10
Issued by the UNITED STATES DISTRICT COURT Northern DISTRICT OF California
|
The SCO Group, Inc.
V.
International Business Machines Corp.
|
SUBPOENA IN A CIVIL CASE
CASE NUMBER:1 2:03CV0294 District of Utah
|
TO: Intel Corporation
[address]
___YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specified below to testify in the above case.
|
PLACE OF TESTIMONY |
COURTROOM
|
|
DATE AND TIME |
X
YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in the above case.
|
PLACE OF DEPOSITION
Boies, Schiller & Flexner LLP
[Oakland CA address]
|
DATE AND TIME
Jan. 27, 2006 9 a.m.
|
X YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the place,
date, and time specified below (list documents or objects):
See Attached Exhibit A.
|
PLACE
Boies, Schiller & Flexner LLP
[Oakland CA address]
|
DATE AND TIME
Jan. 27, 2006 9 a.m. |
___YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
|
PREMISES
|
DATE AND TIME
|
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6). |
ISSUING OFFICER SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT)
[signature of Edward Normand] For Plaintiff
|
DATE
1/26/2006
|
ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER
Edward Normand, Esq., Boies, Schiller & Flexner LLP
[address], NY [zip, phone]
|
(See Rule 45 Federal Rules of Civil Procedure, Parts C & D on Reverse)
1 If action is pending in district other than the district of issuance state district under case number.
11
[blank proof of service form & Rule 45 Federal Rules of Civil Procedure, Parts C & D]
12
EXHIBIT A
You are instructed to produce the following documents at the time and place
specified in the subpoena:
1.
Documents concerning any communications with IBM relating to SCO,
SCO's lawsuit against IBM, SCO's lawsuit against Novell, Inc., or SCO's
lawsuit against AutoZone, Inc.
2.
Documents concerning the communications between Intel and IBM during
each of their so-called "IBM/Intel Executive 5x5" meetings, such as the
one that occurred on January 30, 2001.
3.
Documents concerning Intel's business and contractual relationships with
SCO, Caldera Systems, Inc., and The Santa Cruz Operation, Inc.
4.
Documents concerning Intel's efforts and attempts to make the following
UNIX System V Release 4 ("SVR4") header file Application Program
Interfaces ("APIs") a standard for public use as part of Single UNIX
Specification 2001:
-
difch.h
-
fmtmsg.h
-
ftw.h
-
shm.h
-
ipc.h
-
libgen.h
-
msg.h
-
poll.h
-
sem.h
-
statvfs.h
-
strings.h
-
stropts.h
-
syslog.h
-
ucontext.h
-
ulimit.h
-
utime.h
-
utmpx.h
-
utsname.h
5.
Documents concerning Intel's efforts to work with IBM on UNIX
Developer Guide — Programming Interface ("UDG-PI") in order to make
Executable and Linking Format ("ELF") binary specifications a publicly
available standard for UNIX-on-Intel, including Intel's communications
with IBM regarding the foregoing efforts.
13
6.
Documents concerning Intel's participation in the development of any
version of or supplement to the UNIX System V application binary
interface (or "ABI") and UNIX System V interface definition (or
"SVID").
Instructions and Definitions
A. Definitions
-
The term "AIX" shall mean the UNIX-based operating system known by that
name distributed and/or developed by IBM, including all prior versions, releases
and maintenance modifications. The term "AIX" shall include, but not be limited
to, all version of the "AIX for Power PC" and "AIX for Itanium" operating
systems.
-
The term "concerning" shall mean relating to, referring to, reflecting, describing,
evidencing, referencing, discussing, or constituting.
-
The term "document" shall be synonymous in meaning and usage to the broadest
scope of the term used in Rule 34(a) of the Federal Rules of Civil Procedure. The
term "document" shall include without limitation all written, phonic, graphic or
recorded matter, including without limitation, information stored on computers,
disks, tapes (i.e., magnetic or other storage media), World Wide Web pages, and
electronic mailing lists. The term "document" specifically includes electronic
mail ("e-mail") and any attachments and files created, maintained, or existing in
electronic form.
-
The term "Dynix" shall mean the UNIX-based operating system known by that name
distributed and/or developed by Sequent Computer Systems, Inc. and/or
IBM, including all prior versions, releases, derivative works, methods, and
modifications. The term "Dynix" shall include, but not be limited to, all versions
of the "Dynix/ptx" operating system.
-
The term "include" or "including" shall mean including without limitation.
-
The term "Linux" shall mean any version of Linux.
-
The term "UNIX" shall mean any and all versions, flavors, or other variants of
any UNIX computer operating system, including, without limitation, all operating
systems certified as conforming to the UNIX-brand standards.
B. Instructions
14
1.
Each paragraph herein should be construed independently and, unless otherwise
stated, without reference to any other paragraph for the purpose of limitation.
2.
Unless otherwise specified, the documents requested are the responsive
documents in your possession, control or custody that were prepared, written,
sent, dated, received, applicable or in effect at any time up to the date of your
compliance with this demand.
3.
Each requested document shall be produced in its entirety. If a document
responsive to any request cannot be produced in full, it shall be produced to the
extent possible with an explanation stating why production of the remainder is not
possible.
4.
All documents produced in response to this subpoena shall be produced in the
same order as they are kept or maintained in the ordinary course of business and,
where attached,shall not be separated or disassembled.
5.
With respect to any document responsive to this request that is withheld from
production based upon a claim of privilege, please provide the information
required pursuant to the Federal Rules of Civil Procedure.
6.
If, for reasons other than a claim of privilege, you refuse to provide any document
requested herein, state the grounds upon which the refusal is based with sufficient
specificity to permit a determination of the propriety of such refusal.
7.
The deposition will be recorded by stenographic and audio-visual means.
15
Brent O. Hatch (5715)
Mark F. James (5295)
HATCH, JAMES & DODGE
[address]
[phone]
[fax]
Stuart H. Singer (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address]
[phone]
[fax]
Robert Silver (admitted pro hac vice)
Edward Normand (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address]
[phone]
[fax]
Stephen N. Zack (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address]
[phone]
[fax]
Attorneys for The SCO Group, Inc.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
THE SCO GROUP, INC.,
Plaintiff/Counterclaim-Defendant,
v.
INTERNATIONAL BUSINESS
MACHINES CORPORATION,
Defendant/Counterclaim-Plaintiff.
|
SCO'S NOTICE
OF 30(b)(6) DEPOSITION
Case No. 2:03CV0294DAK
Honorable Dale A. Kimball
Magistrate Judge Brooke C. Wells
|
PLEASE TAKE NOTICE that pursuant to Rules 26 and 30(b)(6) of the Federal Rules of
Civil Procedure, counsel for plaintiff, The SCO Group, Inc. ("SCO"), will take the deposition
upon oral examination of Intel Corporation ("Intel"), on January 27, 2006, beginning at
9:00 a.m. This deposition will be taken at the offices of SCO's counsel Boies, Schiller & Flexner
16
LLP, [Oakland, CA address], and will be taken pursuant to Rules 26 and 30 of the Federal Rules of Civil Procedure.
Intel is directed, pursuant to Fed. R. Civ. P. 30(b)(6), to designate one or more
officers, directors, managing agents or other person(s) who consent to testify on its behalf
concerning matters known or reasonably available to Intel, concerning the topics
specified below. The deposition will be taken before a Notary Public authorized by law to
administer an oath and will continue from day-to-day until completed. The deposition will be
recorded by stenographic and videotape means.
SCO incorporates all instructions, definitions and rules contained in Rules 30 and 34 of
the Federal Rules of Civil Procedure and the local rules or individual practices of this Court.
DATED this 26th day of January, 2006.
Respectfully submitted,
HATCH, JAMES & DODGE, P.C.
Brent O. Hatch
Mark F. James
BOIES, SCHILLER & FLEXNER LLP
Robert Silver
Stuart H. Singer
Stephen N. Zack
Edward Normand
By (signature)
Counsel for The SCO Group, Inc.
17
TOPICS FOR DEPOSITION
-
Any communications with IBM relating to SCO,
SCO's lawsuit against IBM, SCO's lawsuit against Novell, Inc., or SCO's
lawsuit against AutoZone, Inc.
-
The communications between Intel and IBM during
each of their so-called "IBM/Intel Executive 5x5" meetings, such as the
one that occurred on January 30, 2001.
-
Intel's business and contractual relationships with
SCO, Caldera Systems, Inc., and The Santa Cruz Operation, Inc.
-
Intel's efforts and attempts to make the following
UNIX System V Release 4 ("SVR4") header file Application Program
Interfaces ("APIs") a standard for public use as part of Single UNIX
Specification 2001:
-
difch.h
-
fmtmsg.h
-
ftw.h
-
shm.h
-
ipc.h
-
libgen.h
-
msg.h
-
poll.h
-
sem.h
-
statvfs.h
-
strings.h
-
stropts.h
-
syslog.h
-
ucontext.h
-
ulimit.h
-
utime.h
-
utmpx.h
-
utsname.h
-
Intel's efforts to work with IBM on UNIX
Developer Guide — Programming Interface ("UDG-PI") in order to make
Executable and Linking Format ("ELF") binary specifications a publicly
available standard for UNIX-on-Intel, including Intel's communications
with IBM regarding the foregoing efforts.
-
Intel's participation in the development of any
version of or supplement to the UNIX System V application binary
interface (or "ABI") and UNIX System V interface definition (or
"SVID").
18
Issued by the UNITED STATES DISTRICT COURT Northern DISTRICT OF California
|
The SCO Group, Inc.
V.
International Business Machines Corp.
|
SUBPOENA IN A CIVIL CASE
CASE NUMBER:1 2:03CV0294 District of Utah
|
TO: Oracle Corporation
[address]
___YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specified below to testify in the above case.
|
PLACE OF TESTIMONY |
COURTROOM
|
|
DATE AND TIME |
X
YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in the above case.
|
PLACE OF DEPOSITION
Boies, Schiller & Flexner LLP
[Oakland CA address]
|
DATE AND TIME
Jan. 27, 2006 9 a.m. |
X YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the place,
date, and time specified below (list documents or objects):
See Attached Exhibit A.
|
PLACE
Boies, Schiller & Flexner LLP
[Oakland CA address]
|
DATE AND TIME
Jan. 27, 2006 9 a.m.
|
___YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.
|
PREMISES
|
DATE AND TIME
|
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6). |
ISSUING OFFICER SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT)
[signature of Edward Normand] For Plaintiff
|
DATE
1/26/2006
|
ISSUING OFFICER'S NAME, ADDRESS AND PHONE NUMBER
Edward Normand, Esq., Boies, Schiller & Flexner LLP
[address], NY [zip, phone]
|
(See Rule 45 Federal Rules of Civil Procedure, Parts C & D on Reverse)
1. If action is pending in district other than the district of issuance state district under case number.
19
[blank proof of service form & Rule 45, Federal Rules of Civil Procedure, Parts C & D ]
20
EXHIBIT A
You are instructed to produce the following documents at the time and place
specified in the subpoena:
-
Documents concerning any communications with IBM from and after June 1, 2001, relating to SCO.
-
Documents concerning any communication with IBM from and after January 1, 2003, relating to SCO's current lawsuit against IBM, SCO's current lawsuit against Novell, Inc., and SCO's current lawsuit against AutoZone, Inc. or the possibility of legal action by SCO against any of the identified parties.
-
Documents concerning Oracle's decisions to certify any version of any Oracle software product, or to decline to certify any such version of any Oracle software product, for operation on any version of SCO's UnixWare or OpenServer products at any time since January 1, 2000.
-
Documents concerning Oracle's communications, both internally and with any third party, regarding its decision(s) to certify or decline to certify any version of any Oracle software product for operation on any version of SCO's UnixWare or OpenServer products since January 1, 2000.
-
Documents concerning Oracle's business and contractual relationships with SCO, Caldera Systems, Inc., and The Santa Cruz Operation, Inc., including:
a. All certifications issued by Oracle for any Oracle software product for operation on any version of UnixWare or OpenServer at any time;
b. All software agreements by which Oracle licensed any version of UNIX System V binary or source code from SCO or a predecessor (including any version of OpenServer and Unix Ware);
c. All agreements of any kind by which Oracle obtained access to any version of UNIX System V (including any version of OpenServer and UnixWare) binary or source code; and
d. The purpose, scope, duration and subject matter of all agreements of any kind between Oracle and SCO, Caldera Systems, Inc. and/or The Santa Cruz Operation, Inc. since January 1, 1995.
-
Documents concerning the identification of all versions of all Oracle software products that Oracle certified for operation on any version of any
21
UNIX-based operating system, including but not limited to UnixWare, OpenServer, AIX, HPUX, Irix, Dynix, and Linux, since January 1, 1995.
-
Documents concerning the identification of all instances in which Oracle has been asked to certify any version of any Oracle software product for operation on any operating system, but has refused to do so, since January 1, 1995.
Instructions and Definitions
A. Definitions
-
The term "AIX" shall mean the UNIX-based operating system known by that name distributed and/or developed by IBM, including all prior versions, releases and maintenance modifications. The term "AIX" shall include, but not be limited to, all versions of the "AIX for Power PC" and "AIX for Itanium" operating systems.
-
The term "concerning" shall mean relating to, referring to, reflecting, describing, evidencing, referencing, discussing, or constituting.
-
The term "document" shall be synonymous in meaning and usage to the broadest scope of the term used in Rule 34(a) of the Federal Rules of Civil Procedure. The term "document" shall include without limitation, information stored on computers, disks, tapes (i.e., magnetic or other storage media), World Wide Web pages, and electronic mailing lists. The term "document" specifically includes electronic mail ("e-mail") and any attachments and files created, maintained, or existing in electronic form.
-
The term "Dynix" shall mean the UNIX-based operating system known by that name distributed and/or developed by Sequent Computer Systems, Inc. and/or IBM, including all prior versions, releases, derivative works, methods, and modifications. The term "Dynix" shall include, but not be limited to, all versions of the "Dynix/ptx" operating system.
-
The term "include" or "including" shall mean including without limitation.
-
The term "Linux" shall mean any version of Linux.
-
The term "UNIX" shall mean any and all versions, flavors, or other variants of any UNIX computer operating system, including, without limitations, all operating systems certified as conforming to the UNIX-brand standards.
22
B. Instructions
-
Each paragraph herein should be construed independently and, unless otherwise
stated, without reference to any other paragraph for the purpose of limitation.
-
Unless otherwise specified, the documents requested are the responsive
documents in your possession, control or custody that were prepared, written,
sent, dated, received, applicable or in effect at any time up to the date of your
compliance with this demand.
-
Each requested document shall be produced in its entirety. If a document
responsive to any request cannot be produced in full, it shall be produced to the
extent possible with an explanation stating why production of the remainder is not
possible.
-
All documents produced in response to this subpoena shall be produced in the
same order as they are kept or maintained in the ordinary course of business and,
where attached, shall not be separated or disassembled.
-
With respect to any document responsive to this request that is withheld from
production based upon a claim of privilege, please provide the information
required pursuant to the Federal Rules of Civil Procedure.
-
If, for reasons other than a claim of privilege, you refuse to provide any document
requested herein, state the grounds upon which the refusal is based with sufficient
specificity to permit a determination of the propriety of such refusal.
-
The deposition will be recorded by stenographic and audio-visual means.
23
Brent O. Hatch (5715)
Mark F. James (5295)
HATCH, JAMES & DODGE
[address]
[phone]
[fax]
Stuart H. Singer (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address]
[phone]
[fax]
Robert Silver (admitted pro hac vice)
Edward Normand (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address]
[phone]
[fax]
Stephen N. Zack (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address]
[phone]
[fax]
Attorneys for The SCO Group, Inc.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
THE SCO GROUP, INC.,
Plaintiff/Counterclaim-Defendant,
v.
INTERNATIONAL BUSINESS
MACHINES CORPORATION,
Defendant/Counterclaim-Plaintiff.
|
SCO'S NOTICE
OF 30(b)(6) DEPOSITION
Case No. 2:03CV0294DAK
Honorable Dale A. Kimball
Magistrate Judge Brooke C. Wells
|
PLEASE TAKE NOTICE that pursuant to Rules 26 and 30(b)(6) of the Federal Rules of
Civil Procedure, counsel for plaintiff, The SCO Group, Inc. ("SCO"), will take the deposition
upon oral examination of Oracle Corporation ("Oracle"), on January 27, 2006, beginning at
9:00 a.m. This deposition will be taken at the offices of SCO's counsel Boies, Schiller & Flexner
24
LLP, [Oakland address], and will be taken pursuant to Rules 26 and 30 of the Federal Rules of Civil Procedure.
Intel is directed, pursuant to Fed. R. Civ. P. 30(b)(6), to designate one or more
officers, directors, managing agents or other person(s) who consent to testify on its behalf
concerning matters known or reasonably available to Intel, concerning the topics
specified below. The deposition will be taken before a Notary Public authorized by law to
administer an oath and will continue from day-to-day until completed. The deposition will be
recorded by stenographic and videotape means.
SCO incorporates all instructions, definitions and rules contained in Rules 30 and 34 of
the Federal Rules of Civil Procedure and the local rules or individual practices of this Court.
DATED this 26th day of January, 2006.
Respectfully submitted,
HATCH, JAMES & DODGE, P.C.
Brent O. Hatch
Mark F. James
BOIES, SCHILLER & FLEXNER LLP
Robert Silver
Stuart H. Singer
Stephen N. Zack
Edward Normand
By [signature of Edward Normand]
Counsel for The SCO Group, Inc.
25
TOPICS FOR DEPOSITION
-
Any communications with IBM from and after June 1, 2001, relating to SCO.
-
Any communication with IBM from and after January 1, 2003, relating to SCO's current lawsuit against IBM, SCO's current lawsuit against Novell, Inc., and SCO's current lawsuit against AutoZone, Inc. or the possibility of legal action by SCO against any of the identified parties.
-
Oracle's decisions to certify any version of any Oracle software product, or to decline to certify any such version of any Oracle software product, for operation on any version of SCO's UnixWare or OpenServer products at any time since January 1, 2000.
-
Oracle's communications, both internally and with any third party, regarding its decision(s) to certify or decline to certify any version of any Oracle software product for operation on any version of SCO's UnixWare or OpenServer products since January 1, 2000.
-
Oracle's business and contractual relationships with SCO, Caldera Systems, Inc., and The Santa Cruz Operation, Inc., including:
a. All certifications issued by Oracle for any Oracle software product for operation on any version of UnixWare or OpenServer at any time;
b. All software agreements by which Oracle licensed any version of UNIX System V binary or source code from SCO or a predecessor (including any version of OpenServer and Unix Ware);
c. All agreements of any kind by which Oracle obtained access to any version of UNIX System V (including any version of OpenServer and UnixWare) binary or source code; and
d. The purpose, scope, duration and subject matter of all agreements of any kind between Oracle and SCO, Caldera Systems, Inc. and/or The Santa Cruz Operation, Inc. since January 1, 1995.
-
Identification of all versions of all Oracle software products that Oracle certified for operation on any version of any UNIX-based operating system, including but not limited to UnixWare, OpenServer, AIX, HPUX, Irix, Dynix, and Linux, since January 1, 1995.
-
Identification of all instances in which Oracle has been asked to certify any version of any Oracle software product for operation on any operating system, but has refused to do so, since January 1, 1995.
26
EXHIBIT 3
1
Brent O. Hatch (5715)
HATCH, JAMES & DODGE
[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,
Plaintiff,
v.
INTERNATIONAL BUSINESS
MACHINES CORPORATION,
Defendant.
|
PLAINTIFF'S SUPPLEMENTAL
RESPONSE TO DEFENDANT'S
FIRST SET OF INTERROGATORIES
Case No. 2:03CV0294DAK
Judge: Dale A. Kimball
Magistrate Brooke C. Wells
|
Pursuant to Rule 33 of the Federal Rules of Civil Procedure, and the Local Rules for the
United States District Court for the District of Utah, Plaintiff, The SCO Group, Inc. ("SCO"),
hereby files this Supplemental Response to Interrogatories No. 1 through 8 of Defendant's First
Set of Interrogatories and states as follows:
2
natural levels for the purposes of destroying competition in the operating systems market for UNIX
software on Intel machines, and to improperly gain advantage and extract profits from customers
through inducing customers to unnecessarily switch operating systems from UNIX to Linux,
without any technological benefit for customers, solely to gain additional services work for IBM
and license middleware to customers in lieu of operating system software. In other words, Linux
adds not technology advantage to customers — its only advantage is that it is purportedly "free" for
customers. If Linux is not distributed at a zero price point, customers will not switch to Linux and
therefore will not purchase related IBM services or middleware. By artificially restraining the
price of Linux to zero, which price is very substantially below the actual development cost
contributed by IBM and others, IBM induces customers to switch to Linux. This is, among other
things, unfair competition.
INTERROGATORY NO. 8
Please identify all agreements with which plaintiff alleges IBM interfered and describe, in
detail, each instance in which plaintiff alleges or contends that IBM interfered with those
agreements, including but not limited to: (a) the date of the alleged interference; (b) all persons
involved in the alleged interference; (c) the specific manner in which IBM is alleged to have
interfered with the agreement; (d) the specific actions, if any, that IBM induced or encouraged
plaintiff's customers or licensees to take; (e) the specific action, if any, that plaintiff's customer or
licensee took as a result of the actions allegedly induced or encouraged by IBM; and (f) the
specific trade secret or confidential or proprietary information, if any, involved in the alleged
interference.
3
SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 8:
In addition to the General Objections set forth in Plaintiff's Responses, SCO notes that
discovery is in preliminary stages and SCO has not yet received responsive discovery from IBM
that would allow it to fully answer this question because part of this information is peculiarly
within the knowledge of IBM. Subject to and without waiving these objections, Plaintiff
supplements and revises its response to this Interrogatory No. 8 and states, on information and
belief, at various times from 2000 to the present, IBM has induced or attempted to induce breach
of agreements between SCO and some of its customers by assisting and/or performing services in
switch from UnixWare to Linux that involved or would involve breach of SCO's software
agreements through improper use of shared libraries for use on Linux of various applications
designed for UnixWare. Customers that IBM has contacted for such improper purposes include
Sherwin Williams, Auto Zone, Target, Krogers, Advanced Auto, Shaw's Supermarkets, State of
Maine (Department of Labor), Eckerds, and Safeway.
In addition, IBM, through Karen Smith and Daniel Frye and possibly others, approached
certain of SCO's partners during LinuxWorld in January 2003 to induce such partners to stop
doing business with SCO, including Hewlett Packard, Intel and Computer Associates. SCO's own
investigation into this matter is continuing, and additional information will be provided as it
becomes available, including upon receiving such information from IBM.
4
Dated this 23rd day of October, 2003.
As to Objections:
By: [signature of Brent O. Hatch]
Stephen N. Zack
Mark J. Heise
BOIES, SCHILLER & FLEXNER LLP
Brent O. Hatch
Mark F. James
HATCH, JAMES & DODGE
As to Responses:
[signature line left blank]
Christopher S. Sontag
Sr. Vice President
Operating System Division
The SCO Group, Inc.
STATE OF UTAH )
:ss.
County of Utah___)
The above signed Christopher S. Sontag, being duly sworn upon oath, deposes and says that
he has read the above responses to discovery requests and that the responses contained therein are
true to the best of his knowledge, information and belief.
[signature line left blank]
Notary Public
(Seal)
5
|
|
Authored by: Jude on Monday, February 20 2006 @ 06:15 AM EST |
So PJ can find them easily [ Reply to This | # ]
|
|
Authored by: Jude on Monday, February 20 2006 @ 06:18 AM EST |
And please make links clickable.
[ Reply to This | # ]
|
- FUD alert - Authored by: Anonymous on Monday, February 20 2006 @ 06:51 AM EST
- FUD alert - Authored by: Anonymous on Monday, February 20 2006 @ 07:21 AM EST
- FUD alert - Authored by: Anonymous on Monday, February 20 2006 @ 07:23 AM EST
- FUD alert - Authored by: JOff on Monday, February 20 2006 @ 08:02 AM EST
- FUD alert - Authored by: PolR on Monday, February 20 2006 @ 09:23 AM EST
- FUD alert - Authored by: Anonymous on Monday, February 20 2006 @ 10:45 AM EST
- FUD alert - Authored by: PolR on Monday, February 20 2006 @ 06:16 PM EST
- Trusted Computing - Authored by: Observer on Monday, February 20 2006 @ 06:21 PM EST
- FUD alert - Authored by: Wol on Monday, February 20 2006 @ 09:53 AM EST
- backdoor (Re: FUD alert) - Authored by: rsmith on Monday, February 20 2006 @ 12:15 PM EST
- FUD alert - Authored by: darkonc on Monday, February 20 2006 @ 05:28 PM EST
- Jarndyce and Jarndyce, Tulkinghorn, Vholes, Hmm, the times really have not changed much? - Authored by: Anonymous on Monday, February 20 2006 @ 08:26 AM EST
- Possible testcase for patenting prior FOSS - Authored by: jseigh on Monday, February 20 2006 @ 10:26 AM EST
- M$ EU FUD - Authored by: Anonymous on Monday, February 20 2006 @ 12:45 PM EST
- Fresh antitrust action starts against Microsoft - Authored by: Bill R on Monday, February 20 2006 @ 12:55 PM EST
- Wacky Reasoning in the DRM Alternate Universe - Authored by: Anonymous on Monday, February 20 2006 @ 01:24 PM EST
- "FLOSSing can make EU tech leader" - Authored by: Anonymous on Monday, February 20 2006 @ 02:15 PM EST
- Microsoft and OSS - Authored by: Anonymous on Monday, February 20 2006 @ 02:22 PM EST
- Microsoft and OSS - Authored by: Anonymous on Monday, February 20 2006 @ 05:03 PM EST
- kibitzing - Authored by: Anonymous on Monday, February 20 2006 @ 05:49 PM EST
- Sony BMG gets new CEO over DRM/Rootkit scandal - Authored by: DannyB on Monday, February 20 2006 @ 03:47 PM EST
- Outlaw Microsoft Vista - ideal Terrorist Tool - Authored by: SpaceLifeForm on Monday, February 20 2006 @ 05:49 PM EST
- CodeWeavers, WorldVistA cooperate on Linux Edition of Public Domain VistA Health Info. Software - Authored by: Anonymous on Monday, February 20 2006 @ 06:35 PM EST
- "PS3 speculation hurts Sony stock" - Authored by: Anonymous on Monday, February 20 2006 @ 06:46 PM EST
- "James Boyle: Cultural environmentalism?" - Authored by: Anonymous on Monday, February 20 2006 @ 07:19 PM EST
- "The IP uprising" - Authored by: Anonymous on Monday, February 20 2006 @ 07:42 PM EST
- "Bath to become UK's first wireless city" - Authored by: Anonymous on Monday, February 20 2006 @ 08:15 PM EST
- "Privately funded travel under scrutiny" - Authored by: Anonymous on Monday, February 20 2006 @ 09:38 PM EST
- Why are you such a bunch of big girls? - Authored by: Bas Burger on Monday, February 20 2006 @ 10:46 PM EST
- Something old: MS, Caldera, and DR-DOS - Authored by: Anonymous on Monday, February 20 2006 @ 11:49 PM EST
- Brian S thread here? n/t - Authored by: golding on Wednesday, February 22 2006 @ 07:25 PM EST
|
Authored by: The Cornishman on Monday, February 20 2006 @ 06:58 AM EST |
I think this is the first time I have read a sentence beginning "SCO
contends..." followed by one which reads "This is false". In the
UK parliament you are not allowed to call an honourable member a liar, even if
he has just told the world's largest porky. Is it similarly frowned upon for
one attorney to label another's statement as "false"?
In any event, seeing this memo even a newcomer to the case would conclude that
SCO's request is unreasonable. To what extent would abuse of discovery, and
revocation of early orders re non-extensions of deadlines, be grounds for
appeal, should the magistrate judge be minded to bow to SCO's wishes again?
---
(c) assigned to PJ[ Reply to This | # ]
|
|
Authored by: Anonymous on Monday, February 20 2006 @ 07:14 AM EST |
I *think* I can see the idea here.
For the most part I think it is now generally agreed that there is NO SCO owned
code in Linux. This may not be an established 'fact' yet - but its not far off
being one. So much for copyright.
Patents have be dismissed from the claims.
Trademarks - SCO tried this and have failed so far.
Trade secrets - this also has been removed from the claims.
Not looking good for SCO on the IP front.
Now lets move back a bit to the Brown case in Texas. The one about the chap who
had an idea, never wrote it down in complete form but yet whose employer sued
and won. I believe that after the "idea" was written down it failed to
work.
It is therefore possible (at least in Texas) to create new areas of 'IP' by
court decree. This is what SCO are angling for. Its a Very Long shot - a real
'Hail Mary pass' if there ever was one - but there is no other game in town.
Recall the 'methods and concepts' clause. If by some miracle SCO could establish
that they owned the 'methods and concepts' of Unix then to at least some extent
the certification of unix systems by the Open Group might be infringing on SCO's
new IP.
This is the idea behind the ELF and this other similar claims. They are trying
to establish some sort of toe hold on something related to Unix that SCO might
be able to cling to.
How this relates to Oracle is presently beyond me.
Intel - there is something in the methods and concepts here. OldSCO originally
were founded to make Unix run on Intel. Precisely who owned what and when it was
created - thinking here of 'methods and concepts' - might be tricky to prove in
court either way. This is an angle SCO could have a go at.
At the moment the broad concensus here is that methods and concepts currently
have no legal protection other than that laid down by statue. Except in Texas.
If it can happen in Texas it might happen in Utah, California or wherever.
The messed up supoenas - aside from delay - it very hard to understand what was
going on there. I cant even engineer these into a coherent plot - and I *have*
tried.
The court hearing should be interesting.
--
MadScientist [ Reply to This | # ]
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Authored by: IMANAL on Monday, February 20 2006 @ 07:17 AM EST |
I didn't quite get why there are missing pages of Exhibit 3. Anyone with an
idea?
---
--------------------------
IM Absolutely Not A Lawyer[ Reply to This | # ]
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Authored by: Anonymous on Monday, February 20 2006 @ 07:17 AM EST |
This is true, a hacker did try to insert a backdoor into the kernel. The fact
it's open source did indeed mean it was spotted and removed.
<a href="http://www.securityfocus.com/news/7388">Here is the
story</a>
[ Reply to This | # ]
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Authored by: Anonymous on Monday, February 20 2006 @ 07:34 AM EST |
As PJ mentioned, its more likely a business actually switches to Linux for
techie reasons than lower TCO etc... so how on earth do SCOG think this is going
to fool anyone:
"By artificially restraining the price of Linux to zero, which price is
very substantially below the actual development cost contributed by IBM and
others, IBM induces customers to switch to Linux"
Mmmm' OK, I am sure there are free (as in beer) distro's such as Debian running
on IBM servers somewhere, but aren't Novell/SuSe and RedHat IBM's top tier Linux
partners ? As far as I am aware they make you pay for boxed sets of their
"enterprise" level server offerings - so much for Zero price.....
Jed(UK)[ Reply to This | # ]
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Authored by: Anonymous on Monday, February 20 2006 @ 08:18 AM EST |
The SCO saga is a great way to start the week off with a laugh. Assuming SCO is
planning to complain that IBM is encouraging companies and users to buy their
(IBM's) services and middleware for Linux, I have to predict the judges will get
a laugh out of that, too. And this from software published via a license
accused of being communistic. That's just great.[ Reply to This | # ]
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Authored by: Anonymous on Monday, February 20 2006 @ 08:48 AM EST |
Caught this little tidbit from a ruling passed down recently. Notice the last
line...should prove to be some
pretty good ammo for IBM, as if they needed any...
A declaration that software consists entirely of “ideas”—data structures and
algorithms—has no bearing on the applicability of copyright law to software
source code, which, like all copyrightable material, is a particular written
expression of ideas. . . . In sum, if plaintiff copies source code that is
protected by copyright law, he infringes the copyright regardless of whether the
ideas underlying the source code are patentable. Conversely, if plaintiff
independently creates software that is functionally identical to other software,
he does not infringe any copyright on the other software’s source code, even if
his independently created source code is nearly identical to the copyrighted
source code.[ Reply to This | # ]
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Authored by: Anonymous on Monday, February 20 2006 @ 08:51 AM EST |
Didn't someone say the Open Group is in the UK now? Would UK courts give any
more leeway to SCO than the German courts did? Would UK courts allow a lawsuit
to go on for three years without a shred of evidence, as the U.S. courts have?
[ Reply to This | # ]
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Authored by: DBLR on Monday, February 20 2006 @ 11:25 AM EST |
Any idea of when we might get to see these documents & exhibits?
Charles
---
"Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is
a well-armed lamb contesting the vote."
Benjamin Franklin.
[ Reply to This | # ]
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Authored by: Anonymous on Monday, February 20 2006 @ 11:58 AM EST |
Will Intel, Oracle and the Open Group be participants in the hearing at which
this mess is sorted out? I gather from the reference to February 24 that the
next hearing is February 24.
--------------------
Steve Stites
[ Reply to This | # ]
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Authored by: Anonymous on Monday, February 20 2006 @ 12:16 PM EST |
Let me get this straight. SCO is alleging that there is no technological
advantage in going for Linux? In that case what on Earth is it that SCO is
accusing IBM of doing? I thought that their whole point was that due to IBM's
meddling in Linux, Linux now contains Enterprise class technology which is
advantageous to the customer and killing their precious UNIX market?
If Linux offers no technological advantage, then precisely what is their point?[ Reply to This | # ]
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Authored by: rsmith on Monday, February 20 2006 @ 01:00 PM EST |
How about accusing the Open Group of inappropriately including SCO's
proprietary code in its specifications? Oh, and Intel appears to be targetted as
some kind of accomplice. It's a little late for that, I'd say, but I would
imagine it would provide some more delay while everyone has the economic burden
and the psychological annoyance of having to prove to the court and to the
nontech world that it is another wild and crazy SCO
accusation.
Hmm. Wasn't old SCO part of the consortium that put
those specifications (ELF) together? That would bar the "SCO group", who is
claiming to be a successor in interest, from making such accusations
stick.
Since the judge has already denied their latest motion to amend
the complaint, I very much doubt they would now get permission to add the Open
Group and Intel as new defendants.
So the SCOg would have to file a new
complaint against the Open Group and possibly Intel. The complaint in this case
should be crafted in such a way that it would permit the SCOg to claim that it
would be impossible to continue the IBM case without first hearing the new
case.
But since the IBM case has already so far advanced, I'd guess that
the judge would not be willing to suspend it in favor of a new case.
However silly my theory may seem, I put it to you: when has
silliness ever stopped SCO from making claims?
Never,
unfortunately. :-( It could well be the only way left to get a substantial
delay. --- Intellectual Property is an oxymoron. [ Reply to This | # ]
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- New case? - Authored by: Anonymous on Tuesday, February 21 2006 @ 08:04 AM EST
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Authored by: kawabago on Monday, February 20 2006 @ 01:06 PM EST |
Courts have ruled that using header files is not infringement so I don't think
SCO will have anything left after dispositive motions are completed. Not even
David Boies' can win a case that has no disputed facts and SCO has yet to put
forward a single argument that can withstand scrutiny.
These depositions do seem to be intended to rob IBM of it's final weeks of
discovery and I suspect that is all that is intended. Unfortunately for SCO I
also suspect that they are going to have very sore butts when the judge gets
finished with them this time.
[ Reply to This | # ]
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Authored by: blacklight on Monday, February 20 2006 @ 01:09 PM EST |
"There is, they allege, no technological advantage to the switch, and
therefore IBM is guilty of encouraging companies to switch just so IBM can
"gain additional services work" and to "license middleware to
customers in lieu of operating system software.""
Is the guilt punishable under a statute or under the terms of a contract that
SCOG signed with IBM? If not, SCOG should go and start sucking rotten eggs.
"Linux," SCO writes, "adds no technology advantages to
customers..."
Should we play the violin or the mandolin while SCOG issues this tearjerker of a
statement? How about the balalaika since SCOG wants to sell in Russia?
Back in 2003, SCOG was playing the "Might makes right" card. Now,
SCO's new killer slogan seems to be "Plight makes right".
---
Know your enemies well, because that's the only way you are going to defeat
them. And know your friends even better, just in case they become your enemies.[ Reply to This | # ]
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Authored by: Yossarian on Monday, February 20 2006 @ 01:16 PM EST |
>I'm guessing SCO is wishing now that they never sent
>those subpoenas or filed the motion. But there it is,
>and there is no escape.
A question to the legal minds:
The court is supposed to decided about some discovery that
SCO wants to make. What will the court do if SCO will notify
the court that it decided not to ask for those deposition?
Will the court discuss a matter even if a party had given up?
If yes, what is the legal point of discussing an issue when
the decision has already agreed upon by the parties?[ Reply to This | # ]
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Authored by: blacklight on Monday, February 20 2006 @ 01:21 PM EST |
SCOG's legal work was sloppy, but it seems that it is getting sloppier by the
day. Does this indicate that SCOG's outside lawyers have come to some conclusion
that SCOG's litigation is a loser? Or does it just mean that Boies' law firm is
incapable of doing and sustaining quality legal work over time?
---
Know your enemies well, because that's the only way you are going to defeat
them. And know your friends even better, just in case they become your enemies.[ Reply to This | # ]
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Authored by: Anonymous on Monday, February 20 2006 @ 02:33 PM EST |
I JUST CAN'T WAIT UNTIL THE HEARING ON THE 24TH AND READING ABOUT IT THIS
WEEKEND!!! ON PINS AND NEEDLES, SCRATCHING MY EYES OUT, PULLING MY HAIR!!!
[ Reply to This | # ]
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Authored by: jto on Monday, February 20 2006 @ 02:40 PM EST |
- Donald Rosenberg is Sr. Vice President & General
Counsel
- Jennifer Daniels is Vice President and Assistant General Counsel,
Litigation
- Alec S. Berman is Associate General Counsel - Corporate
Litigation
--- Regards, Jim Elliott [ Reply to This | # ]
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Authored by: HockeyPuck on Monday, February 20 2006 @ 02:54 PM EST |
Regarding SCO's accusation regarding IBM and Linux; what does the law say about
going into someone's shop and convincing them to use Linux vs. SCO (or anyone
else's software)? I know IBM has the clout and smarts to able to convince and
implement any migration. But this is a tough sell; even for IBM or Microsoft.
But to me when a Ford dealer goes to a company to convince them to replace their
Chevy fleet with Fords; there is nothing illegal about that is there? So what if
I sell you something you don't want me to. I thought that was capitalism.[ Reply to This | # ]
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Authored by: Anonymous on Monday, February 20 2006 @ 02:57 PM EST |
Many enterprise level Linux distros are NOT necessarily gratis, or readily
available for potential free-riders like myself. The distributor only needs to
offer the source code to those who have actually paid for it. If, they chose to
pass it on for free, so be it. But if they chose to not do so, you can't do a
iota about it, however frustrating that may feel.
So, Linux may or may not be gratis. It is, if I understood it correct, not true
to speak of Linux as in free beer as per default.
---------------------------------------
I'm IMANAL - I'm Absolutely Not A Lawyer - Just didn't login[ Reply to This | # ]
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Authored by: Anonymous on Monday, February 20 2006 @ 03:01 PM EST |
It appears that SCO's word really IS quite reliable.
SCO says IBM contributed SysV code to Linux, to give it some technology that
previously only SysV had. IBM did not.
SCO says Linux has no technological advantage, and that IBM is getting people to
switch to Linux only because it's purchase price is $zero.
"Clearly this is false". IBM's partners, RedHat and SuSE/Novell, would
have something to say about their officially supported distros costing $zero;
and clearly Linux does have advantages, not just technological advantages, over
the ancient Unix SysV. If there were no advantage to be had with Linux, then
people would be flocking to FreeBSD, or OpenBSD, or NetBSD.
In short, whatever SCO says, all you have to do is to either add the obviously
missing "not", or remove the obviously redundant "not"... as
the case may be. If you do this with each of their epistles, you'll find SCO's
word really genuinely is quite reliable. ;o)
[ Reply to This | # ]
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Authored by: Anonymous on Monday, February 20 2006 @ 04:19 PM EST |
If SCO has a problem with the header files they should
1) state so publically
2) go after the OpenGroup
The standard is published and includes those header files. Any usage of those
header files by IBM is in good faith to the standard and will stand up to any
challenge by SCO. SCO cannot challenge IBM's use of the header files without
first winning a lawsuit against the OpenGroup.
Is this a case of SCO hoping to change the target and extend the lawsuit
lifetime again?
Excuse us your honor we believe the OpenGroup is publishing out IP and
contaminated the public code base we would like our case vs IBM put on hold
while we challenge the OpenGroup.
[ Reply to This | # ]
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Authored by: Anonymous on Monday, February 20 2006 @ 05:01 PM EST |
> [IBM] is guilty of encouraging companies to switch just so IBM can
"gain additional services work" and to "license middleware to
customers in lieu of operating system software."
Let's not forget that Caldera started off as a Linux company. Did Caldera not
encouraging companies to switch just so Caldera can "gain additional
services work" and to "license middleware to customers in lieu of
operating system software." ??
[ Reply to This | # ]
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Authored by: Anonymous on Monday, February 20 2006 @ 05:02 PM EST |
Warning: IA Most Assuredly NAL
The latest shenanigans by the SCOundrels and
Bozo, Shill & Fleecem would
try the patience of a saint (not necessarily of
the latter day variety.)
Is it possible that they are doing everything in
their power to infuriate the
Judge in hopes of provoking a reaction that will
permit them to ask for a
mistrial? It seems all their outrageous stunts still
have an ultrathin veneer of
legitimacy, perhaps just enough to avoid contempt
of court. Their actions
make no sense as part of any coherent strategy.
I'd like to know if a mistrial gets SCO a reprieve, however temporary, from
sure and certain doom. Does a mistrial in a case like this function as an
automatic RESET button, with the whole silly farce starting over?
Thanks
in advance for enlightening me.
[ Reply to This | # ]
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Authored by: rsteinmetz70112 on Monday, February 20 2006 @ 05:37 PM EST |
The Wallace case was initially dismissed because Wallace had no standing. SCO
might have standing to claim that IBM is guilty of unfair competition because
IBM is selling a product below the cost of production. This makes more sense
than Wallace's claim. SCO and IBM are competitors in the operating system market
and IBM is spending a significant amount of money developing a product which is
free to any one.
In the classic unfair competition scheme someone sells a product below cost to
drive weaker competitors out of the market allowing the schemer to later raise
prices above their natural level and recoup all of the losses and them some.
Such a claim does have a lot of problems with relation to Linux including the
facts that SCOG as Caldera was one of the original schemers, RedHat seems to
have little problem selling their product for prices comparable to SCOG's,
including a lot of IBM customers plus there is nothing preventing SCOG from
joining the quite public scheme.
---
Rsteinmetz - IANAL therefore my opinions are illegal.
"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk
[ Reply to This | # ]
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- Some observations.. - Authored by: Anonymous on Monday, February 20 2006 @ 05:51 PM EST
- SCO, Wallace and IBM - Authored by: Anonymous on Monday, February 20 2006 @ 05:53 PM EST
- SCO, Wallace and IBM - Authored by: PJ on Monday, February 20 2006 @ 06:02 PM EST
- SCO, Wallace and IBM - Authored by: John Hasler on Monday, February 20 2006 @ 06:15 PM EST
- SCO, Wallace and IBM - Authored by: sk43 on Monday, February 20 2006 @ 06:58 PM EST
- SCO, Wallace and IBM - Authored by: blacklight on Monday, February 20 2006 @ 09:30 PM EST
- Uh - Authored by: Anonymous on Tuesday, February 21 2006 @ 11:33 AM EST
- "because IBM is selling a product below the cost of production" - nope - Authored by: Anonymous on Monday, February 20 2006 @ 08:15 PM EST
- You're wrong, and here's why I think so - Authored by: Anonymous on Monday, February 20 2006 @ 10:28 PM EST
- SCO, Wallace and IBM - Authored by: Steve Martin on Monday, February 20 2006 @ 10:32 PM EST
- sily claim - Authored by: Anonymous on Monday, February 20 2006 @ 11:51 PM EST
- IBM does not sell Linux - Authored by: Anonymous on Tuesday, February 21 2006 @ 12:01 PM EST
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Authored by: The Mad Hatter r on Monday, February 20 2006 @ 06:37 PM EST |
I stand by my post comparing SCO to a shoggoth, since they are so hard to pin
down. For those who don't know what a shoggoth is, think of a 1000 pound
creature made out of lime jello, and how you would fight it...
---
Wayne
http://urbanterrorist.blogspot.com/
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Authored by: Khym Chanur on Monday, February 20 2006 @ 09:14 PM EST |
To do that, SCO would need more funding. If it turns out that they've spent 3
years suing the wrong entity, and thus wasted tens of millions of
dollars...
and go to the world and say "Oops, we sued the wrong people,
would anyone mind lending us millions more dollars to sue someone with
very shallow pockets?"...
And someone actual gives them more
money...
Won't that smell at least a little fishy to someone at
SEC or some other government agency?
--- Give a man a match, and
he'll be warm for a minute, but set him on fire, and he'll be warm for the rest
of his life. (Paraphrased from Terry Pratchett) [ Reply to This | # ]
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Authored by: Dave23 on Monday, February 20 2006 @ 09:28 PM EST |
My thoughts about the slapdash deposition fiasco at the end of the SCOG
discovery in SCO v IBM have leaned towards the appearance of a failure in case
project management.
The idea that SCOG/BSF are fighting (at least!) a
two-front war popped up in my mind. Following up on this notion, I checked
the dates of the motion practice documents not only for the IBM case; but also
the SCO v Novell case. I've noticed that the latter case has "heated up" quite
a bit in the last few months — certainly since September.
This leads
me to wonder if SCOG/BSF reacted to Novell's counterclaims, the entry into its
own discovery process, and all of the scheduling meetings somewhat
precipitously: lawyerly resources got "pulled off" from the IBM case in favor of
the Novell case, and this shift in priorities really started to expose BSF staff
in late December and early January. This drought of resources could be a
partial cause of some of the dismal practice we saw in the early January
IBM-case subpoenas, etc: Too few people working way too many hours ...
Just speculatin' about reasons.
IANAL
--- Gawker [ Reply to This | # ]
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Authored by: Anonymous on Monday, February 20 2006 @ 11:08 PM EST |
they won't worry if the software is free or not. If they go through all the pain
of a move to Linux(think apps compatability, retraining etc) just because Linux
is free then they need some serious rethinking.
Tufty
[ Reply to This | # ]
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Authored by: Anonymous on Monday, February 20 2006 @ 11:51 PM EST |
The open group & intel subpoena seem like SCO trying to find a clue on who's
to sue next. Open group will be used as a tool to assess the posibility to sue
intel ?.
[ Reply to This | # ]
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Authored by: rweiler on Tuesday, February 21 2006 @ 01:02 PM EST |
Technological or otherwise over just about every other operating system out
there except for being ubiquitous. And yet, it is ubiquitous. Shouldn't SCO be
going after Microsoft, especially since it is Microsoft that is the convicted
abusive monopolist in the operating systems market?
---
Sometimes the measured use of force is the only thing that keeps the world from
being ruled by force. -- G. W. Bush
[ Reply to This | # ]
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Authored by: Anonymous on Thursday, February 23 2006 @ 04:53 PM EST |
"...distinct impression that SCO is signaling that it is thinking of going
after the Open Group."
Where will they get the money to do this?[ Reply to This | # ]
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