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The IBM-835 Exhibits - Updated - Done
Tuesday, October 10 2006 @ 06:24 PM EDT

An anonymous contribution of the text and HTML of Declaration of Todd M. Shaughnessy with Unsealed or Redacted Exhibits [PDF] has suddenly made my life easier, so I'm posting it right away. This is the list of IBM exhibits in support of IBM's various summary judgment motions. You'll see the Goldfarb Declaration on the list, number 165. A volunteer informs me that he picked up the DVD from the courthouse, and I'll begin sharing it with you bit by bit. This is the list of what we'll have.

Update: October 10 11:32EDT - Chris Brown obtained the DVD for us. Thank you, Chris. But more, he has written a script to separate out each exhibit as a standalone PDF. The DVD is one honking PDF. So double thank you, Chris. The script is churning out PDFs as I write this, and I've just placed them in the list, so it's now complete (except for one or two articles I haven't found or gotten permissions for yet). Note that Ransom Love's speech at LinuxWorld 2000, exhibit 470, can also be viewed here.

Update 2: I think it's now complete. So, now it's time to look for mistakes. Please start a new thread called New Mistakes, so I can find it easily. Also, time to let me know if you think removing the strikeouts for sealed materials would help.

Whoever did this wonderful transcription job also included links to where you can find many of the exhibits on the Internet. He or she stopped at number 200, so the rest of us can fill in the rest. I wish to thank whoever did this, and I hope those of you who sometimes wish I'd block anonymous commenters will appreciate why I never will.

Thank you, whoever you are, for doing all this work. Note that (s)he links primarily to PDFs, so if you prefer text, check our IBM Timeline page or our Legal Docs or Legal Docs With Exhibits pages or our Contracts page. I noticed that our contributor was not aware of some of those pages, so (s)he worked harder than necessary to find things like the echo newsletters, which we have on the Contracts page. Also, where you see a line through an exhibit, it means it's sealed, so we won't get to see it. But we are about to see many, many things that up until now were known only to the parties.

By putting their 500+ exhibits on DVD, with links, IBM has made it very easy for the judge to access it easily and absorb it all. SCO has been filing boxes and boxes of paper, I gather, but this is clearly a better method, when there are so many exhibits to file. If anyone wishes to finish up and send me an updated list, that would be wonderful. And over time, as we post the exhibits, we can add them too, and eventually we will have the list completed.

**********************************

SNELL & WILMER LLP
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

DISTRICT OF UTAH, CENTRAL DIVISION

THE SCO GROUP, INC.,

Plaintiff/Counterclaim-Defendant,

v.

INTERNATIONAL BUSINESS MACHINES
CORPORATION,

Defendant/Counterclaim-Plaintiff.

DECLARATION OF TODD M.
SHAUGHNESSY WITH
UNSEALED OR REDACTED EXHIBITS


Civl No. 2:03CV-0294 DAK

Honorable Dale A. Kimball

Magistrate Judge Brooke C. Wells

I Todd M. Shaughnessy, declare as follows:

1. I represent IBM in the lawsuit brought by SCO against IBM, titled The SCO Group, Inc. v. International Business Machines Corporation, Civil No. 2:03CV-0294 DAK (D. Utah 2003).

2. This declaration is submitted in support of Defendant/Counterclaim-Plaintiff IBM's various motions for summary judgment. Unless stated otherwise, it is based on personal knowledge.

3. Included on the DVD, submitted herewith, are true and correct copies of the following documents, which can be accessed by clicking on the appropriate link:

Exhibit Number - Description of Document

  1. SCO's original Complaint, dated March 6, 2003
  2. SCO's Amended Complaint, dated July 22, 2003
  3. SCO's Second Amended Complaint, dated February 27, 2004
  4. IBM's Second Amended Counterclaims, dated March 29, 2004
  5. SCO's Answer to IBM's Second Amended Counterclaims, dated April 23, 2004
  6. IBM's Answer to the Amended Complaint and Counterclaim-Plaintiff IBM's Counterclaims Against SCO, dated August 6, 2003
  7. SCO's Amended Answer to IBM's Amended Counterclaims, dated March 11, 2004
  8. Complaint in Red Hat, Inc. v. The SCO Group, Inc., Civ. A. No. 03-772 (D. Del.), dated March 3, 2004
  9. Complaint in The SCO Group, Inc. v. AutoZone, Inc., Case no. CV-S-04-0237 (D. Nev.), dated March 2, 2004
  10. SCO's Proposed Third Amended Complaint
  11. IBM's First Set of Interrogatories and First Request for the Production of Documents, dated June 13, 2003
  12. IBM's Second Set of Interrogatories and Second Request for the Production of Documents, dated September 16, 2003
  13. IBM's Third Set of Interrogatories and Third Request for Production of Documents, dated October 29, 2003
  14. IBM's Fourth Set of Interrogatories and Fourth Request for Production of Documents, dated March 29, 2004
  15. IBM's Fifth Request for Production of Documents, dated May 14, 2004
  16. IBM's Fifth Set of Interrogatories, dated July 30, 2004
  17. IBM's Sixth Set of Interrogatories and Sixth Request for Production of Documents, dated January 11, 2005
  18. IBM's Seventh Request for the Production of Documents, dated September 2, 2005
  19. IBM's Seventh Set of Interrogatories, dated February 14, 2006
  20. Defendant/Counterclaim-Plaintiff IBM's Notice of 30(b)(6) Deposition, dated September 2, 2005
  21. Document titled "IBM Linux Update", dated September 23, 1999 and bearing Bates numbers 1710091325-37
  22. Article by Stephen Shakland, titled "Itanium: A cautionary tale", from CNET News.com, dated December 8, 2005
  23. Document titled "IBM-SCO Family Unix Technical Proposal", dated September 2, 1998 and bearing Bates numbers SCO1310620-37 (Under Seal)
  24. Document titled "Options for Distribution and Royalty Flow-Draft 1", bearing Bates numbers 1710141628-29 (Under Seal)
  25. Document titled "genus: An IBM/SCO UNIX Project Marketing Development Plan", bearing Bates numbers SCO1233395-407
  26. Article by Brian Pereira, titled "McKinley is the one to watch" from Network Magazine India, dated March 2002
  27. Article by Paul Barker, titled "New HP-Intel pact could hit PC clones hard", from Computing Canada, dated July 6, 1994
  28. Article by Michael Kanellos, titled "Is Merced doomed?", from CNET News.com, dated January 2, 2002
  29. Article titled "Intel moves to shore up Itanium support", from itworld.com, dated February 22, 2001
  30. Article titled "What's Wrong with Merced", from Microprocessor Report, dated August 3, 1998
  31. SCO's Responses to IBM's First Set of Interrogatories and First Request for the Production of Documents, dated August 4, 2003
  32. SCO's Supplemental Response to Defendant's First Set of Interrogatories, dated October 23, 2003
  33. SCO's Revised Supplemental Response to IBM's First and Second Set of Interrogatories, dated January 15, 2004
  34. SCO's Supplemental Response to IBM's Second Set of Interrogatories and Second Request for the Production of Documents, dated October 23, 2003
  35. SCO's Response to IBM's Third Set of Interrogatories and Third Request for the Production of Documents, dated October 28, 2003
  36. SCO's Response to IBM's Third Set of Interrogatories, dated April 19, 2004
  37. SCO's Responses to IBM's Fourth Set of Interrogatories, dated May 28, 2004 (Under Seal)
  38. SCO's Amended Responses to IBM's Fourth Set of Interrogatories, dated June 25, 2004 (Under Seal)
  39. SCO's Responses to IBM's Fifth Set of Interrogatories, dated September 8, 2004
  40. SCO's Response to IBM's Fifth Request for Production of Documents, dated June 14, 2004
  41. SCO's Response to IBM's Sixth Set of Interrogatories and Request for the Production of Documents, dated March 2, 2005
  42. SCO's Response to IBM's Seventh Request for the Production of Documents, dated October 11, 2005
  43. SCO's Second Revised Supplemental Response to IBM's Sixth Set of Interrogatories, dated December 22, 2005 (Under Seal)
  44. SCO's Response to IBM's Seventh Set of Interrogatories, dated April 7, 2006
  45. SCO's Objections and Responses to Part of IBM's Second Set of Requests for Admission, dated February 28, 2006
  46. SCO's Supplemental Response to Interrogatory No. 8, dated January 13, 2006
  47. Letter from Edward Normand to Amy Sorenson, dated September 26, 2005
  48. Web page titled "Support Services", available at http://www.sco.com/support/download.html
  49. Document titled "Revenue Information for Select Customers for the Period of FY 1999-FY 2005", marked as Exhibit No. 1023 to the December 2, 2005 Deposition of Darl McBride (Under Seal)
  50. Invoice for the period of 1996-1998, marked as Exhibit No. 1024 to the December 2, 2005 Deposition of Darl McBride (Under Seal)
  51. Document titled "Persons or Entities Whose Relationship with SCO IBM Is Alleged to Have Interfered with, Such that SCO Was Damaged, that Are the Subject of SCO's Claims against IBM - Identified by Mr. McBride at Deposition", marked as Exhibit No. 1035 to the December 2, 2005 Deposition of Darl McBride
  52. Letter from Todd M. Shaughnessy to Edward Normand, dated December 5, 2005
  53. SCO's Interim Disclosure of Materials Allegedly Misused by IBM, dated October 28, 2005 (Under Seal)
  54. SCO's Disclosure of Materials Allegedly Misused by IBM, dated December 22, 2005 (Under Seal)
  55. Hon. Brooke C. Wells' Order Granting IBM's Motions to Compel Discovery and Requests for Production or Documents, dated December 12, 2003
  56. Hon. Brooke C. Wells' Order Regarding SCO's Motion to Compel Discovery and IBM's Motion to Compel Discovery, dated March 3, 2004
  57. Hon. Dale A. Kimball's Memorandum Decision Order, dated February 8, 2005
  58. Hon. Dale A. Kimball's Order, dated July 1, 2005
  59. Hon. Brooke C. Wells' Order Granting in Part IBM's Motion to Limit SCO's Claims, dated June 28, 2006
  60. Letter from Edward Normand to Todd M. Shaughnessy, dated December 8, 2005
  61. Exhibit 90 to the December 16, 2005 deposition of Ryan Tibbitts
  62. IBM's Memorandum in Support of its First Motion to Compel Discovery, dated October 1, 2003
  63. IBM's Memorandum in Support of its Second Motion to Compel Discovery, dated November 6, 2003
  64. SCO's Memorandum in Opposition to IBM's Motion for Summary Judgment on IBM's Tenth Counterclaim for Declaratory Judgment of Non-Infringement, dated July 8, 2004
  65. IBM's Memorandum in Support of Its Cross-Motion for Partial Summary Judgment on Its Claim for Declaratory Judgment of Non-Infringement, dated May 18, 2004
  66. IBM's Memorandum in Support of its Motion to Limit SCO's Claims Relating to Allegedly Misused Materials, dated February 13, 2006
  67. IBM's Memorandum in Support of its Motion to Confine SCO's Claims to, and Strike Allegations in Excess of, the Final Disclosures, dated June 8, 2006
  68. SCO's Memorandum in Opposition to IBM's Motion to Limit SCO's Claims Relating to Allegedly Misused Material, dated March 1, 2006 (Under Seal)
  69. SCO's Memorandum in Opposition to IBM's Motion for Partial Summary Judgment on Its Counterclaim for Copyright Infringement (Eighth Counterclaim), dated November 30, 2004
  70. Declaration of Todd M. Shaughnessy, dated September 22, 2006
  71. Email from Sean Wilson to Reg Broughton regarding "Oracle 9i cert", bearing Bates number SCO1493122 (Under Seal)
  72. Email from Sean Wilson to execgroup@sco.com regarding "Oracle Discussion", bearing Bates number SCO1601652 (Under Seal)
  73. U.S. Copyright Registration Statement No. TX 5-757-696, registering IBM's copyright to its work titled "Enterprise Volume Management System", dated August 15, 2003
  74. U.S. Copyright Registration Statement No. TX 5-757-697, registering IBM's copyright to its work titled "Enterprise Class Event Logging", dated August l5, 2003
  75. U.S. Copyright Registration Statement No. TX 5-757-698, registering IBM's copyright to its work titled "Dynamic Probes", dated August 15, 2003
  76. U.S. Copyright Registration Statement No. TX 5-757-698, registering IBM's copyright to its work titled "Dynamic Probes", dated August 15, 2003
  77. U.S. Copyright Registration Statement No. TX 5-757-700, registering IBM's copyright to its work titled "Omni Print Driver", dated August 15, 2003
  78. U.S. Copyright Registration Statement No. TX 5-757-701, registering IBM's copyright to its work titled "Journaled File System", dated August 15, 2003
  79. U.S. Copyright Registration Statement No. TX 5-757-702, registering IBM's copyright to its work titled "Next Generation Posix Threading", dated August 15, 2003
  80. U.S. Copyright Registration Statement No. TX 5-856-466, registering IBM's copyright to its work titled "Linux Kernel Support for JFS", dated February 2, 2004
  81. U.S. Copyright Registration Statement No. TX 5-856-467, registering IBM's copyright to its work titled "Linux Kernel S390 Support", dated February 2, 2004
  82. U.S. Copyright Registration Statement No. TX 5-856-468, registering IBM's copyright to its work titled "Linux Kernel Support for Service Processor", dated February 2, 2004
  83. U.S. Copyright Registration Statement No. TX 5-856-469, registering IBM's copyright to its work titled "Linux Kernel Support for Memory Expansion Technology", dated February 2, 2004
  84. U.S. Copyright Registration Statement No. TX 5-856-470, registering IBM's copyright to its work titled "Linux Kernel Support for IBM eServer iService Device", dated February 2, 2004
  85. U.S. Copyright Registration Statement No. TX 5-856-411, registering IBM's copyright to its work titled "Linux Kernel Support for PCI Hotplug", dated February 2, 2004
  86. U.S. Copyright Registration Statement No. TX 5-856-472, registering IBM's copyright to its work titled "Linux Kernel Support for Series Hypervisor Terminal", dated February 2, 2004
  87. U.S. Copyright Registration Statement No. TX 5-856-473, registering IBM's copyright to its work titled "Linux Kernel PPC64 Support", dated February 2, 2004
  88. U.S. Copyright Registration Statement No. TX 5-856-474, registering IBM's copyright to its work titled "Linux Kernel Support for Mwave Modem", dated February 2, 2004
  89. IBM's copyrighted work titled "Enterprise Volume Management System"
  90. Excerpts from IBM's copyrighted work titled "Enterprise Class Event Logging"
  91. Excerpts from IBM's copyrighted work titled "Dynamic Probes"
  92. IBM's copyrighted work titled, "Linux Support Power PC64"
  93. Excerpts from IBM's copyrighted work titled "Omni Print Driver"
  94. IBM's copyrighted work titled "Journaled File System"
  95. IBM's copyrighted work titled "Next Generation Posix Threading"
  96. IBM's copyrighted work titled "Linux Kernel Support for JFS"
  97. IBM's copyrighted work titled "Linux Kernel S390 Support"
  98. IBM's copyrighted work titled "Linux Kernel Support for Service Processor"
  99. IBM's copyrighted work titled "Linux Kernel Support for Memory Expansion Technology"
  100. IBM's copyrighted work titled "Linux Kernel Support for IBM eServer iService Device"
  101. IBM's copyrighted work titled "Linux Kernel Support for PCI Hotplug"
  102. IBM's copyrighted work titled "Linux Kernel Support for pSeries Hypervisor Terminal"
  103. IBM's copyrighted work titled "Linux Kernel PPC64 Support"
  104. IBM's copyrighted work titled "Linux Kernel Support for Mwave Modem"
  105. Form 10-K/A, filed by Caldera Systems, Inc. for the fiscal year ended October 31, 2000
  106. Form 10-K, filed by Caldera International, Inc. for the fiscal year ended October 31, 2002
  107. Form 10-K, filed by Caldera Systems, Inc. for the fiscal year ended October 31, 2000
  108. Form 10-K, filed by Novell, Inc. for the fiscal year ended October 30, 1993
  109. Form 10-K, filed by The Santa Cruz Operation, Inc. for the fiscal year ended September 30, 1996
  110. Form 424b, filed by Caldera Systems, Inc., dated March 20, 2000
  111. Form 10-K, filed by Caldera International, Inc. for the fiscal year ended October 31, 2001
  112. Form 8-K, filed by Caldera International, Inc., dated May 14, 2003
  113. Form 10-K, filed by SCO for the fiscal year ended October 31, 2003
  114. Form 10-K/A (Amendment No. 1) filed by The Santa Cruz Operation, Inc., for the fiscal year ended September 30, 2000
  115. Form 10-K filed by The Santa Cruz Operation, Inc., for fiscal year ended September 30, 1999
  116. Email from Sean Wilson to deanr@sco.com and Troy McNamara regarding "Oracle Future for SCO UNIXes", dated June 19, 2003 and bearing Bates Numbers SCO1493226-32 (Under Seal)
  117. Email with attachment from Sean Wilson to Gerrald Smith regarding "ISV Certifications", dated August 13, 2004, and bearing Bates numbers SCO1493383-427 (Under Seal)
  118. Transcript of the October 15, 2003 Deposition of Rick Becker (Under Seal)
  119. Software Agreement (Number SOFT-000321) between AT&T Technologies and Sequent Computer Systems, Inc, ("Sequent"), dated April 18, 1985
  120. Sublicensing Agreement (Number SUB-00015A) between AT&T Technologies and IBM, dated February 1, 1985
  121. Sublicensing Agreement (Number SUB-000321A) between AT&T Technologies and Sequent, dated January 28, 1986
  122. Letter agreement Re: Software Agreement Number SOFT-00015, Sublicensing Agreement Number SUB-0015A and Substitution Agreement Number XFER-00015B, between AT&T Technologies and IBM, dated February 1, 1985
  123. Asset Purchase Agreement between Novell, Inc. and The Santa Cruz Operation, Inc., dated September 19, 1995
  124. Amendment No. X, entered into by IBM, Novell, Inc. and The Santa Cruz Operation, Inc., dated October 17, 1996
  125. Supplement No. 1 to the Software Agreement between AT&T Technologies and IBM
  126. Supplement No. 2 to the Software Agreement between AT&T Technologies and Sequent, dated January 28, 1986
  127. Software Agreement (Number SOFT-000302) between AT&T Information Systems, Inc. and The Santa Cruz Operation, Inc., dated May 6, 1987
  128. GNU General Public License
  129. GNU Lesser General Public License
  130. April 1985 edition of AT&T $ echo newsletter
  131. August 1985 edition of AT&T $ echo newsletter
  132. Letter from Brent O. Hatch to Todd M. Shaughnessy, dated April 19, 2004 (Redacted)
  133. Letter from Todd M. Shaughnessy to Brent O. Hatch, dated January 30, 2004
  134. Letter from Mark J. Heise to David R. Mariott, dated February 4, 2004
  135. Letter from Joseph A. La Sala, Jr. to Ryan E. Tibbitts, dated October 7, 2003
  136. Letter from Joseph A. La Sala, Jr. to Ryan E. Tibbitts and Ronald A. Lauderdale, dated October 10, 2003
  137. Letter from Joseph A. La Sala, Jr. to Ryan E. Tibbitts, dated February 6, 2004
  138. Letter from Joseph A. La Sala, Jr. to Ryan E, Tibbitts and Ronald A. Lauderdale, dated February 11, 2004
  139. Letter from Jack L. Messman to Darl McBride, dated June 9, 2003
  140. Letter from Jack L. Messman to Darl McBride and Ronald A. Lauderdale dated June 12, 2003
  141. Letter from Darl McBride to Lucio A. Noto, dated May 12, 2003
  142. Form letter from Ryan E. Tibbitts to "Linux User", dated December 19, 2003
  143. Letter Agreement between Novell, Inc. and IBM, dated October 16, 1996
  144. Letter from Mark J. Heise to David R. Mariott, dated February 4, 2004
  145. Letter from Brent O. Hatch to Hon. Dale A. Kimball, dated June 10, 2004
  146. Letter from Jack R. Blumenfeld to Hon. Sue L. Robinson, dated June l7, 2004
  147. Letter from Darl McBride to Members of Congress, dated January 8, 2004
  148. Letter from Darl McBride to Lucio A. Noto, dated May 12, 2003
  149. Declaration and Expert Report of Timothy F. Bresnahan, dated July 17, 2006 (Under Seal)
  150. Letter from Gregory Pettit to Richard Fuld, dated January 16, 2004 and bearing Bates number SCO1448018
  151. Letter from Todd M. Shaughnessy to Edward Normand, dated December 5, 2005
  152. Letter from Bill Broderick to Brian Mosley, dated March 8, 2005
  153. Letter from Darl McBride to Sam Palmisano, dated March 6, 2003
  154. Letter from Darl McBride to the Legal Department of Sequent, dated May 29, 2003
  155. Letter from Chris Sontag to the Legal Department of Sequent, dated August 11, 2003
  156. Letter from Ronald A. Lauderdale to Darl McBride, dated May 5, 2003
  157. Letter from Darl McBride to Sam Palmisano, dated June 12, 2003
  158. Letter from Ronald A. Lauderdale to Darl McBride, dated June 13, 2003
  159. Letter from Ronald A. Lauderdale to Darl McBride, dated August 14, 2003
  160. Declaration of Allison Amadia, dated June 9, 2003
  161. Declaration of Mike Anderson, dated September 13, 2006
  162. Declaration of Barry Arndt, dated September 14, 2006
  163. Declaration of Allison Amadia, dated September 23, 2006
  164. Transcript of the January 24, 2006 Deposition of Karen L. Smith (Under Seal)
  165. Declaration of Lawrence R. Goldfarb, dated September l3, 2006 (Redacted)
  166. Declaration of Douglas B. Beattie, dated September 20, 2006
  167. Declaration of Kathleen Bennett, including a copy of the riles downloaded from SCO's Internet website on January 9, 2004, dated August 16, 2004
  168. Declaration of Steve Best, dated September 10, 2006
  169. Declaration of Tim Bird, dated September 18, 2006
  170. Web page titled "The SCO-HP Relationship", available at www.sco.com/hp/relationship.html
  171. Expert Report and Declaration of Christine A. Botosan, dated May 19, 2006 (Under Seal)
  172. Declaration of Lawrence A. Bouffard, dated November 10, 2003
  173. Declaration of Wayne Boyer, dated September 11 , 2006
  174. Declaration of Robert F. Bucco, dated August 23, 2003
  175. Expert Report and Declaration of Thomas Cargill, dated May 19, 2006 (Under Seal)
  176. Declaration of Marc Christensen, dated September 19, 2006
  177. Declaration of Samuel Greenblatt, dated February 7, 2005
  178. Declaration of Thomas L. Cronan III, dated July 29, 2004
  179. Declaration of Randall Davis, dated August l3, 2004
  180. Declaration of Randall Davis, dated August 23, 2004
  181. Expert Report and Declaration of Randall Davis, dated July 17, 2006 (Under Seal)
  182. Declaration of Michael J. DeFazio, dated October 3, 2003
  183. Declaration of Michael J. DeFazio, dated September 21, 2006
  184. Declaration of Ulrich Drepper, dated September 19, 2006
  185. Declaration of Jeanette Tilley, dated July 21, 2004
  186. Expert Report and Declaration of Jonathan Eunice, dated July 17, 2006 (Under Seal)
  187. SCO's Responses and Objections to IBM's First Set of Requests for Admission, dated January 25, 2006
  188. Declaration of Ruth Forester, dated September 19, 2006
  189. Declaration of David W. Frasure, dated October 7, 2003
  190. Declaration of David W. Frasure, dated March 28, 2004
  191. Declaration of David Frasure, dated September 21, 2006
  192. Web page titled "SCO Forum 2006", available at http://www.sco.com/2006forum/sponsors.html
  193. Declaration of Jim Freeman, dated September 21, 2006
  194. Declaration of Daniel Frye, dated May 18, 2004
  195. Declaration of Daniel Frye, dated September 26, 2005
  196. Declaration of John George, dated September 12, 2006
  197. Expert Report of Gary Pisano, dated May 19, 2006 (Under Seal)
  198. Declaration of Charlton Greene, dated October 5, 2003
  199. Memorandum in Support of Novell, Inc.'s Motion to Dismiss in The SCO Group Inc. v. Novell Inc., Case No. 2:04CV00139 (D. Utah), dated February 9, 2004
  200. Declaration of Geoffrey D. Green, dated June 17, 2004
  201. Declaration of David Groethe, dated September 22, 2006
  202. Declaration of Sandeep Gupta, dated July 9, 2004
  203. Email from Kim Jenkins to bbench@sco.com and molson@sco.com, regarding "SCO-Battery 1.3ppt - Better Version", dated October 11, 2002 and bearing Bates number SCO1592478 (Under Seal)
  204. Declaration of Luann Guleserian, dated June 27, 2005
  205. Declaration of Karen Smith, dated September 21, 2006
  206. Declaration of Venkata Jagana, dated September 21, 2006
  207. Declaration of Dion L. Johnson II, dated September 15, 2006
  208. Expert Report and Declaration of Frans Kaashoek, dated July 14, 2006 (Under Seal)
  209. Letter from Curtis J. Drake to Edward J. Normand, dated November 30, 1995
  210. Declaration of Vivek Kashyap, dated September 19, 2006
  211. Declaration of Jim Keniston, dated September 12, 2006
  212. Declaration of Brian W. Kernighan, dated August 20, 2004 (Redacted)
  213. Expert Report and Declaration of Brian W. Kernighan, dated May 18, 2006 (Under Seal)
  214. Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated July 17, 2006 (Under Seal)
  215. Reply Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated August 28, 2006 (Under Seal)
  216. Declaration of Larry Kessler, dated September 13, 2006
  217. Declaration of Ira Kistenberg, dated June 24, 2004
  218. Declaration of David Kleikamp, dated September 11, 2006
  219. Software License Agreement (Agreement # 125115) between Sun Microsystems, Inc. and The SCO Group, dated February 25, 2003 and bearing Bates numbers SCO1607394-405 (Under Seal)
  220. Letter from Ronald A. Lauderdale to Kimberlee A. Madsen, dated June 19, 2001 and bearing Bates number 1110073906 (Under Seal)
  221. Declaration of Ransom Love, dated September l5, 2006 (Redacted)
  222. Declaration of Shirley Ma, dated September 14, 2006
  223. Declaration of Mark Magee, dated August 22, 2003
  224. Declaration of Robert A. Marsh, dated April 5, 2006
  225. Declaration of Michael Mason, dated September 12, 2006
  226. Declaration of David Mazieres, dated September 23, 2006
  227. Declaration of David McCrabb, dated September 18, 2006
  228. Declaration of Richard A. McDonough III, dated April 30, 2004
  229. Transcript of the January 26, 2006 Deposition of Bill Sandve (Under Seal)
  230. Declaration of M. Douglas McIlroy, dated September 19, 2006
  231. Declaration of Paul McKenney, dated September 11, 2006
  232. Declaration of Marcus Meissner, dated September 19, 2006
  233. Declaration of Jeffrey W. Mobley, dated July 26, 2004
  234. Expert Report and Declaration of Andrew K. Morton, dated July 14, 2006 (Under Seal)
  235. Declaration of Haren Babu Myneni, dated September 14, 2006
  236. Declaration of Scott Nelson, dated August 4, 2004
  237. Declaration of Hien Nguyen, dated September 11, 2006
  238. Declaration of K. Y. Srinivasan, dated September 22, 2006
  239. Declaration of Greg Jones, dated September 21, 2006
  240. Declaration of Joseph A. La Sala, Jr., dated September 22, 2006
  241. Declaration of Monica Kumar, dated March 18, 2005
  242. Declaration of Gregory Page, dated September 20, 2006
  243. Declaration of Mark Peloquin, dated September 19, 2006
  244. Letter from Kimberlee A. Madsen to Ronald A. Lauderdale, dated June 6, 2001 and bearing Bates numbers 171037001-03 (Under Seal)
  245. Joint Development Agreement (Agreement Number 4998CR0349) between SCO and IBM, dated October 26, 1998 and bearing Bates numbers 1710141456-509
  246. Declaration of Hal Porter, dated September 12, 2006
  247. SCO press release titled "SCO Announces Immediate Termination of IBM's Right to Use and Distribute AIX Software and Files for Permanent Injunction", dated June 16, 2003
  248. Declaration of Ben Rafanello, dated September 12, 2006
  249. Declaration of Edward J. Riddle, dated December 19, 2003
  250. Declaration of Edward J. Riddle, dated September 21, 2006
  251. Declaration of Calvin Gaisford, dated September 22, 2006
  252. Declaration of David P. Rodgers, dated November 5, 2003
  253. Declaration of Thomas Roehr, dated August 30, 2003
  254. Declaration of Steven M. Sabbath, dated December 22, 2003
  255. Declaration of Peter H. Salus, dated September 15, 2006
  256. Declaration of William Sandve, Jr., dated June 5, 2003
  257. Declaration of William Sandve, Jr., dated September 22, 2006 (Under Seal)
  258. Declaration of Dipankar Sarma, dated September 13, 2006
  259. Expert Report of Jeffery Leitzinger, dated May 19, 2006 (Under Seal)
  260. Transcript of the January 13, 2005 Deposition of Michael DeFazio (Under Seal)
  261. Transcript of the January 24, 2005 Deposition of Martin Pfeffer (Under Seal)
  262. Whitepaper submitted by Caldera International, titled "A Technical Introduction to the Caldera Network Desktop", bearing Bates numbers SCO1269181-191
  263. Declaration of Nivedita Singhvi, dated September 14, 2006
  264. Declaration of Chris Sontag, dated April 19, 2004
  265. Article by Mike Linksvayer, titled "The Choice of a GNU Generation An Interview With Linus Torvalds" from Meta Magazine, dated November 1993
  266. Declaration of Roger Swanson, dated July 28, 2004
  267. Declaration of John H. Terpstra, dated March 8, 2006
  268. Transcript of the December 2, 2005 Deposition of Paul E. McKenney (Under Seal)
  269. Declaration of Joan Thomas, dated June 23, 2004
  270. Declaration of Joan Thomas, dated August 4, 2004
  271. Declaration of Jeanette L. Tilley, dated September 21, 2006
  272. Declaration of Linus Torvalds, dated September 21, 2006
  273. U.S. Patent No. 6,460,070
  274. Declaration of Jay Vosburgh, dated September 28, 2006
  275. Declaration of Stephen D. Vuksanovich, dated August 9, 2004
  276. Declaration of Stephen D, Vuksanovich, dated September 21, 2006
  277. U.S. Patent No. 6,336,139
  278. Declaration of Bart Whiteley, dated September 19, 2006
  279. Declaration of Max B. Wicker, dated October 31, 2003
  280. Declaration of Max B. Wicker, dated September 21, 2006
  281. Declaration of Otis Wilson, dated December 11, 2003
  282. Declaration of Otis Wilson, dated April 26, 2004
  283. Expert Report and Declaration of Robert Willig, dated July 17, 2006 (Under Seal)
  284. Declaration of Erik W. Hughes, dated November 30, 2004
  285. Expert Report of Marc J. Rochkind, dated May 19, 2006 (Under Seal)
  286. Expert Report of Evan Ivie, dated May 19, 2006 (Under Seal)
  287. Rebuttal Report of Marc Rochkind, dated August 26, 2006 (Under Seal)
  288. Expert Rebuttal Report of Evan Ivie, dated August 28, 2006 (Under Seal)
  289. Expert Report of Christine A. Botosan, dated May 19, 2006 (Under Seal)
  290. Declaration and Expert Report of Loren M. Hitt, dated July 17, 2006 (Under Seal)
  291. Declaration of Ron Clark, dated September 23, 2006 (Under Seal)
  292. Declaration or Martin Bligh, dated September 12, 2006
  293. Declaration of Patricia Gaughen, dated September 18, 2006
  294. U.S. Patent No. 5,872,951
  295. Transcript of the June 10, 2004 Deposition of David P. Rodgers (Under Seal)
  296. Transcript of the May 11, 2004 Deposition of Erik W. Hughes (Under Seal)
  297. Transcript of the May 11, 2004 Deposition of William M. Broderick (Under Seal)
  298. Transcript of the May 11, 2004 Deposition of Michael Olson (Under Seal)
  299. Transcript of the May 11, 2004 Deposition of Andrew W. Nagle (Under Seal)
  300. Transcript of the May 12, 2004 Deposition of Christopher Sontag (Under Seal)
  301. Transcript of the June 10, 2004 Deposition of Otis L. Wilson
  302. Transcript of the June 8, 2004 Deposition of David Frasure (Under Seal)
  303. Transcript of the October 6, 2004 Deposition of Lawrence Gasparro (Under Seal)
  304. Transcript of the October 7, 2004 Deposition of Gregory A. Pettit (Under Seal)
  305. Transcript of the October 21, 2004 Deposition of Gregory S. Anderson (Under Seal)
  306. Transcript of the October 26, 2006 Deposition of Robert Bench (Under Seal)
  307. Transcript of the November 2, 2004 Deposition of John H. Terpstra (Under Seal)
  308. Transcript of the November 5, 2004 Deposition of Philip E. Langer (Under Seal)
  309. Transcript of the November 9, 2004 Deposition of Michael Eugene Anderer (Under Seal)
  310. Transcript of the January 17, 2996 Deposition of Roger Swanson (Under Seal)
  311. Transcript of the November 1, 2005 Deposition of Erik W. Hughes (Under Seal)
  312. Transcript of the November 10, 2005 Deposition of Jeff Hunsaker (Under Seal)
  313. Transcript of the November 16, 2005 Deposition of Chris Sontag (Under Seal)
  314. Transcript of the November 11, 2005 Deposition of Craig Bushman (Under Seal)
  315. Transcript of the November 30, 2005 Deposition of William Broderick (Under Seal)
  316. Transcript of the November 30, 2005 Deposition of Reginald Broughton (Under Seal)
  317. Transcript of the December 2, 2005 Deposition of Darl McBride (Under Seal)
  318. Transcript of the December 5, 2005 Deposition of John Maciaszek (Under Seal)
  319. Transcript of the December 16, 2005 Deposition of Ryan E. Tibbitts (Under Seal)
  320. Transcript of the December 21, 2005 Deposition of Christopher Sontag (Under Seal)
  321. Transcript of the February 27, 2006 Deposition of Jay F. Petersen (Under Seal)
  322. Transcript of the February 28, 2006 Deposition of Jeffrey Hunsaker (Under Seal)
  323. Transcript of the March 1 , 2006 Deposition of Blake Stowell (Under Seal)
  324. Transcript of the March 2, 2006 Deposition of Erik Hughes (Under Seal)
  325. Transcript of the March 3, 2006 Deposition of Michael Paul Olson (Under Seal)
  326. Transcript of the March 7, 2006 Deposition of Michael Sean Wilson (Under Seal)
  327. Transcript of the March 9, 2006 Deposition of Ronald J. Record (Under Seal)
  328. Transcript of the March l0, 2006 Deposition or William M. Broderick (Under Seal)
  329. Transcript of December 16, 2005 Deposition of William Eugene Baker (Under Seal)
  330. Transcript of the March 15, 2006 Deposition of Darl McBride (Under Seal)
  331. Transcript of the March 16, 2006 Deposition of Mike Davidson (Under Seal)
  332. Transcript of the March 16, 2006 Deposition of Christopher Sontag (Under Seal)
  333. Transcript of the March 17, 2006 Deposition of Sandeep Gupta (Under Seal)
  334. Transcript of the March 22, 2006 Deposition of Opinder S. Bawa (Under Seal)
  335. Transcript of the March 22, 2006 Deposition of Michael Olson (Under Seal)
  336. Transcript of the March 23, 2006 Deposition of William Broderick (Under Seal)
  337. Transcript of the March 29, 2006 Deposition of Jeff Hunsaker (Under Seal)
  338. Transcript of the March 29, 2006 Deposition of Andrew W. Nagle (Under Seal)
  339. Transcript of the March 30, 2006 Deposition of Bert Young (Under Seal)
  340. Transcript of the March 3l, 20X6 Deposition of Erik Hughes (Under Seal)
  341. Transcript of the April 4, 2006 Deposition of Timothy Paul Negris (Under Seal)
  342. Transcript of the April 6, 2006 Deposition of Sandeep Gupta (Under Seal)
  343. Transcript of the April 19, 2006 Deposition of Christopher Sontag (Under Seal)
  344. Transcript of the May 18, 2006 Deposition of Dave F. Prosser (Under Seal)
  345. Transcript of the June 30, 2006 Deposition of Ryan Tibbits (Under Seal)
  346. Transcript of the August 25, 2006 Deposition of Otis Wilson (Under Seal)
  347. SCO press release titled "Caldera Systems to Acquire SCO Server Software and Professional Services Divisions, Providing World's Largest Linux/UNIX Channel", dated August 2, 2000
  348. SCO press release titled "Caldera, Conectiva, SuSE, Turbolinux Partner to Create UnitedLinux, and Produce a Uniform Version of Linux for Business", dated May 30, 2002
  349. SCO press release titled "SCO Unveils SCO Linux 4.O, Powered by UnitedLinux", dated November 19, 2002
  350. SCO product announcement for OpenLinux Server Release 3.1.1, dated January 24, 2002 and bearing Bates numbers SCO1324397-404
  351. SCO product announcement for OpenLinux Workstation Release 3.1.1, dated January 24, 2002 and bearing Bates numbers SCO1324405-12
  352. SCO product announcement for SCO Linux Server 4.O, Powered by UnitedLinux, dated November 19, 2002 and bearing Bates numbers SCO127O429-36
  353. SCO product announcement for SCO Linux Server 4.O for the Itanium Processor Family, dated April 4, 2003 and bearing Bates numbers SCO1269792-97
  354. U.S. Patent No. 6,263,359
  355. SCO press release titled "The SCO Group Name Change Approved by Shareholders", dated May 20, 2003
  356. SCO press release titled "SCO Suspends Distribution of Linux Pending Intellectual Property Clarification; Announces Greater Focus on UNIX and SCOx Strategy", dated may 14, 2003
  357. SCO press release titled "SCO Registers UNIX Copyrights and Offers UNIX License", dated July 21, 2003
  358. SCO press release titled "Statement Regarding Red Hat Lawsuit and Letters to Red Hat", dated August 4, 2003
  359. SCO press release titled "The SCO Group's Open Letter to the Open Source Community", dated September 9, 2003
  360. Article by Mike Angelo, titled "SCO's Chris Sontag Discusses the Details" from MozillaQuest, dated April 28, 2003
  361. Article by Barbara Darrow, titled "CRN Interview: SCO's Darl McBride and Chris Sontag", from CRN, dated November 18, 2003
  362. SCO press release titled "SCO Announces Intellectual Property License for Linux", dated August 5, 2003
  363. SCO press release titled "SCO Announces New Initiatives to Enforce Intellectual Property Rights", dated December 22, 2003
  364. Web page titled "Linux Kernel", available at http://www.thescogroup.com/developers/ community/contrib/linux.html
  365. Web page titled "SCO Community Contributions", available at http://www.thescogroup.com/developers/ community/contrib
  366. Web page titled "SCOsource Licensing, available at http://www.sco.com/scosource
  367. Article by Lisa M. Bowman, titled "SCO Puts Disputed Code in the Spotlight", from CNET News.com, dated August 18, 2003
  368. Article by Antone Gonsalves, titled "SCO to Release Disputed Code this Week", from InternetWeek, dated June 2, 2003
  369. Article by Lisa M. Bowman, titled "Linux Community Scoffs at SCO's Evidence", from The Globe and Mail, dated August 21, 2003
  370. Article by Sam Williams, titled "SCO, Open Source and the World", from Salon.com, dated December 22, 2003
  371. Article by Jed Boal, titled "Utah Software Company Suing IBM", from KSL.com, dated November 12, 2003
  372. Article by Maureen O'Gara, titled "SCO Files for AIX Injunction Against IBM", from LinuxWorld.com, dated June 16, 2003
  373. Article by Roger Parloff, titled "Gunning for Linux", from Fortune, dated May 17, 2004
  374. Article by Maureen O'Gara, titled "SCO's Lawyer Speaks, Says Nothing", from LinuxWorld.com, dated March 21, 2003
  375. Article by Holger Dambeck, titled "Linux Hunter SCO Puts Everything on the Line", from Spiegel Online, dated April 13, 2004
  376. Document titled "The Single UNIX Specification History & Timeline", available at http://www.unix.org/Posters/download/unix_posterA3.pdf
  377. Excerpts of timeline of Unix development, available at http://www.levenez.com/unix/unix_letter.pdf (linked from http://www.caldera.com/scosouce/)
  378. Article by Robert McMillan, titled "SCO shows Linux code to analysts", from Computerworld.com, dated June 10, 2003
  379. Article by James Maguire, titled "SCO Heats Up Linux Battle with IBM", from NewsFactor Network, dated May 2, 2003
  380. Article by James Maguire, titled "SCO Warning Fuels Growing Linux Controversy", from CRN NewFactor Network, dated May 16, 2003
  381. Article by Graeme Wearden, titled "SCO may raise 'Linux' license fees", from CNET News.com, dated August 10, 2004
  382. Web page titled "The Single UNIX Specification, available at http://www.unix.org/what_is_unix/single_unix_specification.html
  383. Article by Lisa Bowman, titled "Getting a glimpse at SCO's evidence", from CNETNews.com, dated, August 20, 2003
  384. Web page titled, "Before Multics there was chaos, and afterwards, too", available at http://www.bell-labs.com/history/unix/chaos.html
  385. Article by Dennis M. Ritchie, titled "The Evolution of the Unix Time-sharing System", dated September 19, available at http://cm.bell-labs.com/cm/cs/who/dmr/hist.html
  386. Web page titled "From Multics to something else", available at http://www.bell-labs.com/history/unix/somethingelse.html
  387. Web page titled "The UNIX system begins to take shape", available at http://bell-labs.com/history/unix/takeshape.html
  388. Web page titled "It looked like an operating system, almost", available at http://www.bell-labs.com/history/unix/almost.html
  389. Web page titled, "Sharing UNIX with the rest of the world", available at http://www.bell-labs.com/history/unix/sharng.html
  390. Web page titled "Connecting streams like a garden hose", available at http://www.bell-labs.com/history/unix/streams.html
  391. Web page titled "Unix", available at http://en.wikipedia.org/wiki/Unix
  392. Article by Matthew Aslet, titled "GPL in SCO's Legal Sights", from Computerwire, dated August 20, 2003
  393. Web page titled "FreeBSD", available at http://www.freebsd.org/releases/
  394. Article by John G. Spooner, titled "Intel set to rattle server market with Itanium", from CNET News.com, dated January 2, 2002
  395. Document titled "Caldera Intellectual Property Title and Ownership", bearing Bates number SCO1178124
  396. Document titled "Technical Overview of SCO Linux Server 4.O, Powered by UnitedLinux", Bates numbered SCO1307695-114 (Under Seal)
  397. Selection of SCO invoices for Linux products sold after March 7, 2003, as produced by SCO to IBM, taken from the following Bates number ranges: SCO1187631-8044, SCO1190720-89, SCO1211966, SCO121233-34 SCO1212544 (Under Seal)
  398. Document titled, "SCO Linux Educational Materials: Learning Unit 001", bearing Bates numbers SCO1355589-653 (Under Seal)
  399. Email from Reg Broughton to Darl McBride, regarding "Patents and IP Investigation", dated August 13, 2003 and bearing Bates numbers SCO1272238-39 (Under Seal)
  400. U.S. Patent No. 6,549,932
  401. Document titled "The SCO Group, Inc, Intellectual Property Compliance License for SCO UNUX [sic] rights", bearing Bates numbers SCO1304158-65 (Under Seal)
  402. Document titled "Purchase Order", bearing Bates number SCO1448148 (Under Seal)
  403. Document titled "The SCO Group, Inc. Intellectual Property Compliance License for Linux', dated January 16, 2004 and bearing Bates numbers SCO1448558-65 (Under Seal)
  404. Document titled "The SCO Group, Inc. Intellectual Property License", dated March 16, 2004 and bearing Bates numbers SCO1 501766-75 (Under Seal)
  405. Copy of files from SCO Linux Server 4.O, as produced to IBM through discovery in this case.
  406. Copy of files from Open Linux 3.1.1 Asia, as produced to IBM through discovery in this case.
  407. UnitedLinux press release titled "UnitedLinux Releases Version 1.O", dated November 19, 2002
  408. UnitedLinux press release titled "UnitedLinux Signs IBM and AMD as First Technology Partners", dated January 14, 2003
  409. SCO's Memorandum in Support of Motion to Dismiss or Stay Count Ten of Plaintiff IBM's Second Amended Counterclaims Against SCO, dated April 23, 2004
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  414. Transcript of December 5, 2003 Hearing before Hon. Brooke C. Wells
  415. Transcript of February 6, 2004 Hearing before Hon. Brooke C. Wells
  416. Transcript of September 15, 2004 Hearing before Hon. Dale A. Kimball
  417. Transcript of April 21, 2005 Hearing before Hon. Dale A. Kimball
  418. Transcript of October 7, 2005 Hearing before Hon. Dale A. Kimball
  419. Transcript of December 13, 2005 Hearing before Hon. Dale A. Kimball
  420. Transcript of December 20, 2005 Hearing before Hon. Brooke C. Wells
  421. Transcript of February 24, 2006 Hearing before Hon. Dale A. Kimball
  422. Transcript of June 8, 2004 Hearing before Hon. Dale A. Kimball
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  424. Transcript of August 5, 2003 Conference Call, titled "The SCO Group Conference Call to Comment and Provide Q&A on Recent Red Hat Actions"
  425. Transcript of August 14, 2003 Conference Call, titled "Q3 2003 The SCO Group Earnings Conference Call"
  426. Transcript of October 17, 2003 Conference Call, titled "SCO to Comment and Provide AT&T on the Oct. 16th Investment Announcement"
  427. Transcript of November 18, 2003 Conference Call, titled "SCO Expands Scope of its Agreement with Boies, Schiller & Flexner LLP And Provides 4th Quarter Financial Guidance"
  428. Transcript of December 22, 2003 Conference Call, titled "Q4 2003 The SCO Group Earnings Conference Call"
  429. Transcript of March 3, 2004 Conference Call, titled "Q1 2004 The SCO Group Earnings Conference Call"
  430. Transcript of June 10, 2004 Conference Call, titled "Q2 204 The SCO Group Earnings Conference Call"
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  432. Transcript of August 31, 2004 Conference Ca1l, titled "Q3 2004 The SCO Group Earnings Conference Call"
  433. Transcript of December 21, 2004 Conference Call, titled "Q4 2004 The SCO Group Earnings Conference Call"
  434. Transcript of April 13, 2005 Conference Call, titled "Q1 2005 The SCO Group Earnings Conference Call"
  435. Transcript of June 1, 2005 Conference Call, titled "Q2 2005 The SCO Group Earnings Conference Call"
  436. Transcript of September 7, 2005 Conference Call, titled "Q3 2005 The SCO Group Earnings Conference Call"
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  458. Document titled "Caldera OpenLinux Server elevates Linux to business by providing a stable, secure, easy to install and manage Linux server platform for business quality Internet applications", bearing Bates numbers SCO1244469-72 (Under Seal)
  459. Document titled "Caldera - Town Hall Meeting - February 09, 2001", bearing Bates numbers SCO1278897-935 (Under Seal)
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  467. Document titled "Statement of Work 4900RL0132" between IBM and Caldera Systems, Inc., dated April 17, 2000 and bearing Bates numbers 1710023509-17 (Under Seal)
  468. Document titled, "Caldera OpenLinux Presentation", bearing Bates numbers SCO1425831-93 (Under Seal)
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  474. UnitedLinux Joint Development Contract by and among Caldera International, Inc., Conectiva, Inc., SuSE Linux AG, Turbolinux, Inc. and UnitedLinux, LLC, dated May 29, 2002 and bearing Bates numbers SCO1170519-74 (Under Seal)
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  530. U.S. Patent No. 5,745,763
  531. U.S. Patent No. 5,802,578
  532. Article by Paul E. McKenney, et. al., titled "Read-Copy Update"
  533. Article by Paul E, McKenney and Jack Slingwine, titled "Efficient Kernel Memory Allocation on Shared-Memory Multiprocessors", from USENIX dated January 25-29, 1993
  534. Article by L. K. Loucks and C. H. Sauer titled, "Advanced Interactive Executive (AIX) operating system overview", from IBM SYSTEMS JOURNAL, Vol. 26, No. 4 (1987)
  535. Article by F. C. H. Waters, R. G. Bias and P. L. Smith-Kerker, titled "AIX usability enhancements and human factors", from IBM SYSTEMS JOURNAL, Vol. 26, No. 4 (1987)
  536. Article by A. Chang, M. F. Mergen, R. K. Rader, J. A. Roberts and S. L. Porter, titled "Evolution of storage facilities in AIX Version 3 for RISC System/6000 processors", from IBM Journal of Research Development, Vol. 34, No. 1 (January 1990)
  537. Article by Charles H. Sauer, Don W. Johnson, Larry K. Loucks, Amal A. Shaheen-Gouda and Todd A. Smith, titled "RT PC Distributed Services Overview"
  538. Article by Jacques Talbot, titled "Turning the AIX Operating System into an MP-capable OS", from USENIX 1995
  539. Document by Houlihan Valuation Advisors, titled "Intangible Asset Valuation: Caldera International, Inc. As of October 31, 2001", bearing Bates numbers SCO1633819-74 (Under Seal)
  540. Excerpts from book titled DYNIX/ptx STREAMS Application Programming Guide, published by Sequent in 1989
  541. Article by R. R. Heisch, titled "Trace-directed program restructuring for AIX executables", from IBM Journal of Research Development, Vol. 38, No. 5 (September 1994)
  542. IBM Technical Disclosure Bulletin by D. H. Steves and K. C. Witte, titled "Auditing Objects by Name in AIX", dated January 1992
  543. IBM Technical Disclosure Bulletin by K. A. Bohrer and J. S. Peek, titled "Uniqueness of the AIX Storage Management Design", dated September 1992
  544. IBM Technical Disclosure Bulletin by S. T. Pan and G. Y. Tsao, titled "Transmission Control Protocol/Internet Protocol Checksum Improvement for AIX 3,2 under RISC System/6000", dated February 1994
  545. IBM Technical Disclosure Bulletin by D. W. Sheffield, titled "Avoid Remapping of Data Buffers in AIX Device Drivers", dated February I994
  546. IBM Technical Disclosure Bulletin by N. A. Camillone, D. H. Steves and K. C. Witte, titled "Reliable, Extensible Audit Trail Storage in AIX", dated December 1991
  547. IBM Technical Disclosure Bulletin by W. E. Baker and J. S. Peek, titled "Support for Execution of Programs With Large Data Requirements on AIX 3.2", dated August 1992
  548. IBM Technical Disclosure Bulletin by K. A, Bohrer and W. J. Cheney, titled "Method to Provide Changes to the AIX Operating System Kernel for Multi-process Debugging", dated July 1990
  549. IBM Technical Disclosure Bulletin by J. S. Langford, D. H. Steves and K. C. Witte, titled "Trusted Path Mechanism in AIX", dated January 1992
  550. Web page titled "Read-Copy Update Mutual-Exclusion in Linux", available at http://lse.sourceforge.net/ locking/rcu/rcupdate_doc.html
  551. Article by M. A. Auslander, titled "Managing programs and libraries in AIX Version 3 for RISC System/6000 processors", from IBM Journal of Research Development, Vol. 34 No. 1 (January 1990)
  552. Article by Paul McKenney, titled "Using RCU in the Linux 2.5 Kernel", from Linux Journal, dated October 1, 2003
  553. Article by Paul E. McKenney and Dipankar Sarma, titled "Making RCU Save for Deep Sub-Millisecond Response Realtime Applications"
  554. Article by Hanna Linder, Dipankar Sarma and Maneesh Soni, titled "Scalability of the Directory Entry Cache"
  555. Article by Bob Beck, Bob Kasten and Shreekant Thakkar, titled "VLSI Assist for a Multiprocessor", dated 1987
  556. Article by J. Inman titled "Implementing Loosely Coupled Functions on Tightly Coupled Engines", dated 1985
  557. IBM Announcement Letter Number 286-399, titled "IBM RT Personal ComputerTM Advanced Interactive ExecutiveTM Operating System Version 2.1", dated September 18, 1986
  558. Excerpts from book titled DYNIX/ptx Reference Manual Section 3, published by Sequent in 1989
  559. Excerpts from book titled HP-UX Reference Release 10.O Volume 3 (of 4) , published by Hewlett-Packard Co. in 1983
  560. Excerpts from book titled AIX Operating System: Programming Tools and Interfaces, published by IBM in 1989
  561. Excerpts from book titled Solaris Porting Guide, Second Edition, published by Sun Microsystems, Inc. in 1995
  562. Excerpts from book titled Solaris Multithreaded Programming Guide, published by Sun Microsystems, Inc. in 1995
  563. Excerpts from book by Rudy Chukran, titled Accelerating AIX: Performance Tuning for Programmers and System Administrators, published by IBM in 1998
  564. Excerpts from book by David A. Kelly, titled AIX/6000: Internals and Architecture, published by IBM in 1996
  565. Excerpts from book by Robert F. Sauers and Peter S. Weygant, titled HP-UX: Tuning and Performance, Concepts, Tools & Methods, published by Hewlett-Packard Co. in 2000
  566. Document titled, "Caldera OpenLinux System Information, OpenLinux Version 1.O", bearing Bates numbers SCO1425831-893 (Under Seal)
  567. Excerpts from book by Phil Colledge, titled The Advanced Programmer's Guide to AIX 3.x, published by IBM in 1994
  568. Excerpts from book by John R. Graham, titled Solaris: Internals & Architecture, published in 1995
  569. Letter from J. M. Baccash to Ramesh Subramanian, dated November 30, 1993 (Under Seal)
  570. Excerpts from book titled Guide to Parallel Programming, on Sequent Computer Systems, Second Edition, published by Sequent in 1987
  571. Excerpts from book titled Solaris Multithreaded Programming Guide, published by Sun Microsystems, Inc. in 1995
  572. Master Transaction Agreement among Caldera International, Inc., Conectiva Inc, SuSE Linux AG and Turbolinux, dated May 29, 2002 and bearing Bates numbers SCO1170635-648 (Under Seal)
  573. Document titled, "Caldera: Unifying Unix With Linux for Business", bearing Bates numbers SCO1304371-95 (Under Seal)
  574. Email from Randy Richards to Erik Hughes, Craig Bushman, Jeff Hunsaker and Shaun Cutler, regarding "Linux licensing questions - from a partner?", dated July 22, 2003 and bearing Bates numbers SCO1464712-13 (Under Seal)
  575. Document titled "SCO Intellectual Property License for Linux", bearing Bates numbers SCO126936O-63 (Under Seal)
  576. Dennis M. Kennedy, A Primer on Open Source Licensing Legal Issues: Copyright, Copyleft, and Copyfuture, 20 St. Louis U. Pub. L. Rev. 345, 360 (2001)
  577. Email from Erik Hughes to Paul Hurford Regarding "Access to a linux box?", dated August 16, 2005 and bearing Bates number SCO1663707-08 (Under Seal)
  578. Intellectual Property License Provider Agreement between SCO and The PCMS Group, bearing Bates numbers SCO1528883-87 (Under Seal)
  579. Jason B. Wacha, Open Source, Free Software and the General Public License, 20 No. 3 Computer & Internet Law 20, 22 (2003)
  580. Letter from Ronald A, Lauderdale to Darl McBride, dated April 2, 2003 (Under Seal)
  581. Letter from Darl McBride to Ronald A. Lauderdale, dated April 24, 2003 (Under Seal)
  582. Amendment to Software Agreement SOFT-00015 as amended, Sublicensing Agreement SUB-O015A as amended, Software Agreement SOFT-00l5 Supplement No. 157 as amended, and Substitution Agreement XFER-0015B, between IBM and Novell, Inc., dated April 26, 1996 and bearing Bates numbers 17100l5672-75 (Under Seal)
  583. Letter from Scott D. Lester to Novell, Inc., dated May 1, 1996 (Under Seal)
  584. Transcript of January 11, 2005 Deposition of Stephen D, Vuksanovich (Under Seal)
  585. Transcript of January 19, 2006 Deposition of Steven M. Sabbath Deposition (Under Seal)
  586. Declaration of Dan Frye, dated September 22, 2006
  587. Declaration of Randall Davis, dated March 29, 2006
  588. Declaration of Randall Davis, dated April 28, 2006
  589. Expert Report and Declaration of J. R. Kearl, dated May 19, 2006 (Under Seal)
  590. Rebuttal Expert Report and Declaration of J. R. Kearl, dated July 17, 2006 (Under Seal)
  591. Reply Expert Report and Declaration of J. R. Kearl, dated August 28, 2006 (Under Seal)
  592. SCO press release titled "SCO Files Lawsuit Against IBM", dated March 7, 2003
  593. IBM press release titled "IBM Breaks Barriers Between Linux and UNIX with AIX 5L", dated April 23, 2001 and bearing Bates numbers SCO1584161-68
  594. Caldera Systems, Inc. press release titled "SCO and Caldera Release Technology Preview of AIX 5L-64 Bit UNIX OS for Intel Itanium Processors", dated April 23, 2001 and bearing Bates numbers SCO1395324-26 (Under Seal)
  595. The Santa Cruz Operation, Inc. and Caldera Systems, Inc. press release titled "SCO and Caldera Re1ease Technology Preview of AIX 5L-64 Bit UNIX OS for Intel Itanium Processors", dated April 23, 2001 and bearing Bates numbers SCO1584169-70
  596. Declaration of Paul McKenney, dated September 24, 2006
  597. Declaration of Joseph Beyers, dated September 22, 2006


  


The IBM-835 Exhibits - Updated - Done | 449 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections here, please
Authored by: Jude on Tuesday, October 10 2006 @ 06:34 PM EDT
... so PJ can find them.

[ Reply to This | # ]

Off topic here please
Authored by: jbb on Tuesday, October 10 2006 @ 06:35 PM EDT
Clicky links if you've got them. Instructions on the bottom of the submit page.

---
You just can't win with DRM.

[ Reply to This | # ]

Anonoymous Posters pat yourselves on the back here:
Authored by: Anonymous on Tuesday, October 10 2006 @ 06:40 PM EDT
Free Speech without attribution! What a concept.

[ Reply to This | # ]

The IBM-835 Exhibits
Authored by: Anonymous on Tuesday, October 10 2006 @ 07:06 PM EDT
Looking forward to several of those exhibits.

Any news on Counterclaim 10's redacted memo?

Quatermass
IANAL IMHO etc.

[ Reply to This | # ]

Sealed Item 203, one to speculate
Authored by: stats_for_all on Tuesday, October 10 2006 @ 07:06 PM EDT
203. Email from Kim Jenkins to bbench@sco.com and molson@sco.com, regarding "SCO-Battery 1.3ppt - Better Version", dated October 11, 2002 and bearing Bates number SCO1592478 (Under Seal)

Kim Jenkins is the main Morgan Keegan Investment banker. The Contract revision between Jenkins and McBride, at the time of the Sun and Microsoft negotiations is available online.

The October 2002 date places this document before the supposed Darl and IBM failed negotiations that occured in December 2002.

[ Reply to This | # ]

  • So: - Authored by: DaveJakeman on Wednesday, October 11 2006 @ 05:10 AM EDT
#401 -- A telling mispelling -- SCO UNUX
Authored by: stats_for_all on Tuesday, October 10 2006 @ 07:23 PM EDT
401. Document titled "The SCO Group, Inc, Intellectual Property Compliance License for SCO UNUX [sic] rights", bearing Bates numbers SCO1304158-65 (Under Seal)

This was an observation originally made by SpanishInquisition.
SCO has based a legal argument on evading the GPL on licensing its own Unix IP rather than Linux per se. This is despite plain language in press releases and websites that identified the license as IP compliance for Linux.

The document with a mispelled title License for SCO UNUX [sic] rights is best explained as a hack white-out and strike over job on the pre- existing Linux rights license. IBM gleefully submits the goof as an exhibit.

[ Reply to This | # ]

The IBM-835 Exhibits
Authored by: Anonymous on Tuesday, October 10 2006 @ 07:31 PM EDT
You should just be able to cut the content of the lists and paste.

489 through to 490. 493 through to 501 503 through to 504 509 through to 512. 515 to 531

[ Reply to This | # ]

The IBM-835 Exhibits - no 497
Authored by: Anonymous on Tuesday, October 10 2006 @ 07:50 PM EDT
And this should be

<li><a
href="http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF
&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=
50&s1=5,428,771.PN.&OS=PN/5,428,771&RS=PN/5,428,771">U.S.
Patent No. 5,428,771</a>

[ Reply to This | # ]

Thank You, Anonymous
Authored by: tyche on Tuesday, October 10 2006 @ 07:53 PM EDT
Thank you very much for all your hard work.

Craig
Tyche

---
"The Truth shall Make Ye Fret"
"TRUTH", Terry Pratchett

[ Reply to This | # ]

IBM-157-10
Authored by: Anonymous on Tuesday, October 10 2006 @ 08:52 PM EDT
First, thank you anon for all your hard work that probably seemed like it was
going anon anon anon... :-)

I'm laughing reading the SCO letter to Lucio Noto at IBM, explaining to IBM how
programmers are vetted to work on operating systems, and so on ad nauseum. I
just thought the irony of SCO telling IBM about developing OS code was a bit
much.

...D

[ Reply to This | # ]

The IBM-835 Exhibits
Authored by: kberrien on Tuesday, October 10 2006 @ 09:13 PM EDT
On DVD or not. I'm sure glad I'm not the judge having to review all of that!

[ Reply to This | # ]

The IBM-835 Exhibits
Authored by: Anonymous on Tuesday, October 10 2006 @ 09:20 PM EDT
Once more. This time clicky thanks to jseigh.

489 through to 490. 493 through to 501 503 through to 504 509 through to 512. 515 to 531

[ Reply to This | # ]

Novell's historical conduct.
Authored by: Anonymous on Tuesday, October 10 2006 @ 09:25 PM EDT
From Novell's 1993 10-K: "Novell also supplies the UNIX operating system
source code to other UNIX system vendors."

If Novell is/was in the business of supplying source code to other companies, it
seems reasonable that it would not transfer ownership of the copyrights. After
all, it would want to sell the same source code to several other companies. I
wonder if those contracts would cast light on the Santa Cruz contract.

Even a casual reading of the 10-K shows that Unix was completely integrated in
Novell's overall operations. It is also clear that Novell understood the nature
of the problem posed by Microsoft.

[ Reply to This | # ]

  • Novell's 1993 10-K - Authored by: jdg on Wednesday, October 11 2006 @ 12:13 AM EDT
    • Intent? n/t - Authored by: Anonymous on Wednesday, October 11 2006 @ 07:41 AM EDT
#594: A Press Release Under Seal
Authored by: Anonymous on Tuesday, October 10 2006 @ 09:34 PM EDT
Item #594 is a press release, and it's under seal. I'm a bit confused how that
can happen.

[ Reply to This | # ]

Copyright on DVD? Bittorrent?
Authored by: GLJason on Tuesday, October 10 2006 @ 09:42 PM EDT
I believe that since the entire DVD was released from the courthouse (was it copied or was a copy given?) and that the materials appear in a public case that they can be freely redistributed. Groklaw itself re-distributes many of the items... What about creating a bittorrent for the DVD? That would save your servers some bandwidth and get all of the exhibits out there quickly.

Just a thought...

[ Reply to This | # ]

The IBM-835 Exhibits
Authored by: sk43 on Tuesday, October 10 2006 @ 09:48 PM EDT
From Exhibit 109, Santa Cruz' Form 10-K for FY 1996, one of the canonical
WARNING statements:

"The Company's strategy is to offer products that conform to industry
standards. Industry standards may be established by organizations composed of
vendors, by government agencies, by academic institutions, or by market
acceptance. Industry standards typically are based on specifications for which
there can be competing implementations. Because standards are open (not
proprietary), competitors can readily access the technology to include in their
products, and SCO does not believe that offering products conforming to industry
standards will provide SCO with a competitive advantage."

Clearly Santa Cruz is not talking about the ELF standard.

[ Reply to This | # ]

sealed document 23?
Authored by: LegalIdiot on Tuesday, October 10 2006 @ 11:16 PM EDT
23 # Document titled "IBM-SCO Family Unix Technical Proposal", dated September 2, 1998 and bearing Bates numbers SCO1310620-37 (Under Seal)

Probably referrs to the first quoted block in this story.

As to the latter, IBM offers a Shaughnessy declaration that the JDA "specifically gave IBM a royalty-free license to include such UnixWare/SV4 code in its products, including AIX for Power", and a memo, dated September 10, 1998 from Geoff Seabrook, Santa Cruz's Senior VP for Development, memorializing the parties' understanding on that point:

Both companies [Santa Cruz and IBM] will exchange technology to be used in [Santa Cruz's] UnixWare 7 on the IA 32 and [IBM's] AIX on PPC [Power]. The purpose of these exchanges is to create a compatible family of products, together with the resultant IA64 product [that was to be developed jointly by Santa Cruz and IBM]. It is intended that the efffective value of these exchanges will be equivalent, and that no royalties will be due to either company as a result of these exchanges. The zero royalty agreement is also to allow our engineering teams to freely select the best available technology, without worrying about any royalty impact.

[ Reply to This | # ]

The IBM-835 Exhibits - HUGE
Authored by: tangomike on Tuesday, October 10 2006 @ 11:36 PM EDT
Boy, talk about a tour-de-force. The Croc Dundee line just keeps popping into my
head.

I'm not sure how the judge will react, but this has GOT to set BS&F back on
their heels. Somebody(ies) at IBM wants to make a point. How long does TSCOG
have to respond to this?

Just looking at the list is satisfying.

---
Deja moo - I've heard that bull before.


[ Reply to This | # ]

Social Contract?
Authored by: Anonymous on Tuesday, October 10 2006 @ 11:55 PM EDT
I haven't heard of that "Social Contract with the open source
community" before. Does anyone have a copy of that? Could a "social
contract" be binding. It is bizzare that IBM is pulling up history from
the 70's to prove their point. How could a case like that go on for so long?


[ Reply to This | # ]

Under seal - IBM ?? or SCO ??
Authored by: Night Flyer on Wednesday, October 11 2006 @ 12:55 AM EDT
Just for my own curiosity I started to count the number of documents under seal
by IBM and under seal by SCO. (Recognizing that this is not, in any way, a
measure of the legal impact nor a competent way to judge the merits of the
case.)

SCO was winning the count hands down when I ran out of available time. Of note,
I was unsure of which had sealed some of the documents, based on the information
given and I made a third group labeled "?".

I am seeing this as SCO continuing its campaign to keep the general population
(read this as GROKLAW) from doing an independent scrutiny of its position(s).

---
Veritas Vincit - Truth Conquers

[ Reply to This | # ]

594. Sealed press release?
Authored by: Anonymous on Wednesday, October 11 2006 @ 01:44 AM EDT
"594. Caldera Systems, Inc. press release titled "SCO and Caldera
Release Technology Preview of AIX 5L-64 Bit UNIX OS for Intel Itanium
Processors", dated April 23, 2001 and bearing Bates numbers SCO1395324-26
(Under Seal)"

How can a press release be sealed?

Google located something with that title and date at:
http://ir.sco.com/releasedetail.cfm?ReleaseID=41314

[ Reply to This | # ]

Microsoft deposition
Authored by: Anonymous on Wednesday, October 11 2006 @ 04:51 AM EDT
Anyone know who, if anyone, turned up for the deposition of Microsoft about its
relationship with SCO and BayStar etc? That declaration should make interesting
reading.

[ Reply to This | # ]

Fame at last
Authored by: alasmi on Wednesday, October 11 2006 @ 06:20 AM EDT
Groklaw gets a mention in exhibit 51 "Persons or Entities Whose Relationship with SCO IBM Is Alleged to Have Interfered with, Such that SCO Was Damaged, that Are the Subject of SCO's Claims against IBM - Identified by Mr. McBride at Deposition", marked as Exhibit No. 1035 to the December 2, 2005 Deposition of Darl McBride

Set 10: Media
Groklaw

[ Reply to This | # ]

557 on the web
Authored by: mpellatt on Wednesday, October 11 2006 @ 07:04 AM EDT
Exhibit 557 is available at http://www.dogs-chod.co.uk/how to/21ann.txt

[ Reply to This | # ]

The IBM-835 Exhibits - Updated
Authored by: PolR on Wednesday, October 11 2006 @ 07:15 AM EDT
Such a huge list of exhibits. How can lawyers do that to a judge? Now there is
no way he can rule within a year.

[ Reply to This | # ]

  • Disagree - Authored by: Anonymous on Wednesday, October 11 2006 @ 07:53 AM EDT
Exhibit 61 - a must read exhibit - P.S (exhibit 52 is broken link)
Authored by: Anonymous on Wednesday, October 11 2006 @ 08:07 AM EDT
This is Ryan Tibbitts' list of companies that IBM allegedly interfered with...
the list that was later largely abandoned and which Ryan Tibbitts didn't seem to
know much detail of.

The first thing that strikes me as odd is the title on every page "Alleged
IBM Interference Subject of and to Discovery 12/15/2005". In other words,
right before the end of fact discovery, SCO appears to be saying more discovery
is needed. On all these companies. There are about 4-8 entries per page, over
14 pages, with some entries representing multiple companies... in other words, a
lot of discovery.

Some other things that strike me as odd (apart from the fact that the majority
of items cut and paste identical text) - I won't list them all, just a few
highlights:


pp2 - Connectiva - Brazil: Jacques Rosenzvaig mentioned to Darl McBride that
IBM would cut off all business with them if they continued to work with SCO
(January 2003); Connectiva stated that "IBM would make our life very
difficult if we continue working with you" (April 2003)

So you would think Darl McBride would be one of the witnesses? Right?

In the Witness column it says "Daniel Amato Andy Nagle" (both of whom
work or worked for SCO)


pp10 - AutoZone - IBM successfully induced AutoZone to cease using the SCO
software and to use Linux with IBM's version of UNIX. AutoZone ultimately
decided not to pay SCO the annual fee to continue to maintain SCO products. In
addition, Darl said that he was preparing for an early 2004 meeting AutoZone,
and then Larry called and said that AutoZone had been talking to IBM and they
aren't going to do anything, they'll just listen to us and send us on our way.

Witness: John Maloy.

My Questions: How is IBM selling to AutoZone supposed to be illegal? Why is it
all on first name terms (Larry?)? What happened to the SCO Open Server shared
library allegation (which is mentioned in Sherwin Williams which is the line
above)?


pp12 - Novell - IBM interfered with the APA claiming Novell could waive and was
waiving breaches of license agreements by various licenses, including IBM. IBM
invested $50 million in Novell to support NOvell's Linux initiatives. IBM
pressured Novell to challenge SCO's ownership of UNIX copyrights.

Witness: Darl McBride

My Question: Was Darl there when "IBM pressured Novell to challenge SCO's
ownership of UNIX copyrights"? for example... how can he be a witness?


pp13 - Progress - Refused to engage in business relations with SCO for almost a
year after the lawsuit had been filed.

My Question: Where's the mention of IBM? This one (like some others) don't even
allege IBM did *anything*, let alone anything illegal.


pp13 - Enterprise DB - SCO entered into discussions for joint business ventures,
and they gave SCO a strong commitment. Enterprise DB then backed out, telling
SCO that their investors could not approve of a deal because of the lawsuit.

My Question: Where's the mention of IBM? This one (like some others) don't even
allege IBM did *anything*, let alone anything illegal.


pp13 - CNBC - Darl McBride was invited to serve as a key panelist on a CNBC
panel to speak abou intellectual property issues in Fall 2004. One week before
the event, CNBC retracted its invitation.

My Question: Where's the mention of IBM? This one (like some others) don't even
allege IBM did *anything*, let alone anything illegal.



pp14 - RedHat - At the beginning of Project Monterey, IBM told SCO that SCO
would be the volume play in Monterey. Behind SCO's back, IBM cut deals with Red
Hat to do the distributions.

Witness: Darl McBride

Feel the irony...

My Question: Darl didn't work for IBM or old-SCO at the beginning of Project
Monterey - so how could he be a witness? How could he be a witness to deals that
were supposedly "cut behind [his] back"?


pp14 - Rob Enderle (with Gartner) - Rob Enderle stated that he was working at
Gartner Group and the high-level Gartner executives treated him unfairly because
he supported SCO's side of the lawsuit.


Witness: Darl McBride

My Question: Where's the mention of IBM? This one (like some others) don't even
allege IBM did *anything*, let alone anything illegal.

My 2nd question: Isn't this hearsay anyway?

My 3rd question: Where's the allegation of any damage to SCO as a result, even
if it were true?



pp15 - Informix - Informix was ready to support SCO's software on Open Server 6.
When IBM found out, IBM told Informix that they could not work with SCO.

Witness: Blank!

My Question: Even if it were true, how do SCO know if there was no witness?


Quatermass
IANAL IMHO etc.

[ Reply to This | # ]

Wow!!!
Authored by: DaveJakeman on Wednesday, October 11 2006 @ 08:13 AM EDT
I wouldn't like to be on the deck of the Good Ship SCO right now. We've been
waiting all this time for IBM to let rip with their cannons. Now we realise the
couple of shots we've seen so far were just bracketing. Here's the broadside.
We won't be able to see the Good Ship SCO sink for all the smoke and spray.

I didn't realise how big this case had got. Glad to see IBM have really done
their homework. They done good.

---
I would rather stand corrected than sit confused.
---
Should one hear an accusation, try it on the accuser.

[ Reply to This | # ]

  • Wow!!! - Authored by: LaurenceTux on Wednesday, October 11 2006 @ 06:29 PM EDT
  • Wow!!! - Authored by: Steve Martin on Wednesday, October 11 2006 @ 08:54 PM EDT
  • Wow!!! - Authored by: Anonymous on Friday, October 13 2006 @ 03:13 AM EDT
Attention PJ !!! - IBM interfered with your relationship with SCO!!!
Authored by: Anonymous on Wednesday, October 11 2006 @ 08:36 AM EDT
From Exhibit 51...


Another must read - "Persons or Entities Whose Relationship with SCO IBM is
alleged to have interfered with, such that SCO was damaged, that are sbject to
SCO's claims against IBM - Identified by Mr. McBride at Deposition"

Of course it is different from Tibbitts' list

I won't retype it all (particularly since I've typed a good part of it once,
then lost it already once)



Set 1: Members of United Linux - Turbo Linux, Connectiva, SUSE, The United
Linux Organization

My comment: Didn't SCO themselves say they were withdrawing from United Linux?


Set 2: Customers - ...., A Certain NY Taxi Company, IBM Japan

My comment: "A Certain NY Taxi Company" - is that the name of a
company, or does SCO not even know which company it allegedly had a relationship
with?

My comment: How did IBM interfere with SCO's relationship with IBM... What?


Set 3: Third-Party Software and Hardware Vendors - ......, Cybase, ....

My comment: Cybase with the same spelling is also in Tibbitts' list. The
implication in Tibbitts is that Cybase is a database company. Except the
database company is Sybase (with an S), and Cybase (With a C) is a UK ISP


Set 4: Industry Event Companies - ......, Entity Above A Certain OpenSource
Business COnference, Company Sponsoring John Terpstra's OpenSource Conference

My comment; Again two unnamed companies - doesn't SCO know the names? In the
first one, do they not even know which conference (how will they ever identify
it?)?


Set 6: Industry Analysts - ROb Enderle (With Garner), OSDL, Laura Dido (with
Yankee Group)

My comment: BWAHHHAHAHHA!


Set 8: Standards Bodies or Companies Related to Standards Bodies - Open Group,
Free Software Foundation, OSDL, Cygnus

My comment: Double BWAHHHAHAHHA!


Set 10: Media - Groklaw

My comment: Triple BWAHHHAHAHHA! Did you know, PJ, that IBM interfered with your
relationship with SCO?



Quatermass
IANAL IMHO etc.

[ Reply to This | # ]

The IBM-835 Exhibits - Updated
Authored by: mpellatt on Wednesday, October 11 2006 @ 09:05 AM EDT
Exhibit 44

SCO disputes that POSIX and XPG (inter alia) are "standards".

Maybe I would like to see this before a jury after all. Perhaps SCO would like to dispute whether driving on the right hand side of the road in the USA, supplying electricity into the home at 110V AC 60Hz (for single phase), etc, are "standards" as well.

[ Reply to This | # ]

Madsen :: Lauderdale
Authored by: The Cornishman on Wednesday, October 11 2006 @ 09:58 AM EDT
I noticed an exchange of letters in amongst the sealed items:
#244 Letter from Kimberlee A. Madsen to Ronald A. Lauderdale, dated June 6, 2001 and bearing Bates numbers 171037001-03
and
#220 Letter from Ronald A. Lauderdale to Kimberlee A. Madsen, dated June 19, 2001 and bearing Bates number 1110073906

Lauderdale is the IBM Assistant General Counsel, and Madsen is the nominated contract coordinator for SCO, named in the Project Monterey Agreement. The exchange occurred the month after the Agreement was terminated, in May 2001. This would be about the time that SCO was conspicuously failing to notice the planned availability of AIX-on-Power about which they were later so shocked.

---
(c) assigned to PJ

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Bittorrent
Authored by: Anonymous on Wednesday, October 11 2006 @ 10:09 AM EDT
PJ, have you thought of bittorrenting the DVD?

--
BMO

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Exhibit 594
Authored by: Anonymous on Wednesday, October 11 2006 @ 10:12 AM EDT
Stealing someone's thunder, but here you go.

http://www.e-consultancy.com/news-blog/28784/sco-and-caldera-release-technology-
preview-of-aix-5l-64-bit-unix-os-for-intel-itanium-tm-processors.html

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What flavour of Linux would Shakespeare use??? Why, Thespian, of course!!
Authored by: Anonymous on Wednesday, October 11 2006 @ 10:37 AM EDT
.

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Looks like the Liu theory is dead
Authored by: elcorton on Wednesday, October 11 2006 @ 11:23 AM EDT

Exhibit 44 is SCO's Response to IBM's Seventh Set of Interrogatories. Interrogatory no. 23 asked in part:

Regarding SCO's Final Disclosure of Allegedly Misused Material ... please state with specificity -- separately with respect to each version, file, and line of code, method and concept identified by SCO:

(a) by whom it has been, and currently is owned, when, and from whom it was acquired...

SCO responds with a table listing the items in the Final Disclosures. Every one of the items acquired from Sequent -- including, of course, all the material from Dynix -- is shown as being owned by IBM.

In the first round of dispositive motions, SCO's brief in opposition to IBM's motion for summary judgment on CC 10 introduced the Liu theory, according to which there was a disputed fact as to whether SCO owned the copyrights to Dynix:

The Sequent License Agreement Also Creates Genuine Issues of Fact on the Issue of Copyright. If the Tenth Counterclaim remains in the case, SCO’s License Agreement with Sequent creates an additional fact issue precluding summary judgment, because the agreement is ambiguous as to whether SCO holds copyright to Dynix.

This argument played an important role -- maybe the decisive role -- in persuading Kimball to resist what he called the "temptation to grant IBM's motion" before the end of discovery.

Now discovery is over, and it seems that SCO no longer thinks there is a dispute as to who owns Dynix. When SCO files its opposition to the renewed CC 10 motion, watch carefully to see whether it tries to use the Liu theory again as a defense.

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  • My pet theory - Authored by: Anonymous on Wednesday, October 11 2006 @ 11:46 AM EDT
Declaration of Steve Best - JFS from OS/2
Authored by: GLJason on Wednesday, October 11 2006 @ 07:34 PM EDT
The declaration of Steve Best is an interesting read, and goes to show how ridiculous SCO's contract interpretation is. OS/2 contains no SYSV code. JFS was developed in OS/2, not using SYSV code. Steve Best lead the programming effort to port it to Linux and in the process added more code to JFS. OS/2 based JFS code was added to AIX around the same time, giving some the mistaken impression that IBM's JFS contributions to Linux were from AIX. A Caldera employee (Christoph Hellwig) was the main outside-IBM contributor to JFS in Linux.

If SCO's viral contract theory were held to be true, IBM's 20 year old contract with AT&T would be able to control their OS/2 business. Granted, I believe OS/2 is nearly dead, but imagine if it wasn't and it was a thriving competitor to Windows. Not only would IBM still have to maintain the entirety of OS/2 secret, they would also owe SCO processor-based licensing fees for SYSV for every processor they ran OS/2 on. All because they took something FROM OS/2 and added it to their flavor of UNIX.

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IBM: "We aren't settling"
Authored by: Anonymous on Wednesday, October 11 2006 @ 08:34 PM EDT
Check out exhibit 158, Ronald Lauderdale's (IBM's ) letter to Darl McBride,
dated June 13th 2003. It is in response to Darl's letter of the previous day
(telling them that SCO would terminate IBM's AIX license).

The letter ends:

As previously stated, IBM has an irrevocable, perpetual license to the software
in question. We regret that you have chosen to commence litigation against IBM,
to make repeated meritless public statements about this matter and to promote
fear, uncertainty and doubt in the open source community and among our AIX
customers. I understand our respective ligitation counsel have discussed
scheduling for the litigation, and I expect that the resulting proceedings will
ultimately resolve this matter between our companies.


The last sentence: "...and I expect that the resulting proceedings [in
court] will ultimately resolve this matter between our companies.", seems
very clear to me: We're going to resolve this in court.

Somehow SCO missed or ignored the meaning.

Because BayStar invested after this letter was sent (in Fall 2003).

And somehow BayStar got the impression from SCO, that IBM was getting ready to
settle to this, out of court, in short-order.

Quatermass
IANAL IMHO etc.

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Darlithmetic
Authored by: sk43 on Wednesday, October 11 2006 @ 09:23 PM EDT
Exhibit 154 is SCO's letter to Sequent giving notice of intent to terminate
Sequent's SVR4 license. It is dated May 29, 2003. Darl states "... we
will provide you two (2) months to remedy all violations ... of the Agreements.
Should you fail to do so, your rights ... will be terminated as of September 2,
2003..."

Except Sept. 2 is three months after Darl wrote the letter.

Failing to understand Darl's lack of skills in basic arithmentic and calendars,
in Exhibit 155, which is SCO's letter of Aug 11, 2003, Sontag informs IBM that
the license agreement was terminated on July 30, 2003. Sontag, at least, can
count. However, he failed to consult rule 2:

Rule 2: If the boss is wrong, see rule 1.

Rule 1: The boss is always right.

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Exhibit 211 - The former CEO backs IBM
Authored by: Anonymous on Thursday, October 12 2006 @ 03:36 AM EDT
This one is a must read: http://www.groklaw.net/pdf/IBM-835-Exhibit_221.pdf
Randsom Love backs IBM on all points. He is the former CEO. This is really game

over for SCO.

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224 EV1, and license demand letter from SCO
Authored by: Anonymous on Thursday, October 12 2006 @ 10:09 AM EDT
Read #224 for the EV1 story.

In light of SCO's lack of evidence to back up the copyright case I would say
that the letters signed by Ryan E. Tibbitts Esq. approach extortion. Especially
as Tibbitts should be aware of abstraction and filtration requirements to claim
copyright.

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Linus' take
Authored by: sprag on Thursday, October 12 2006 @ 03:50 PM EDT
Linus' declaration (272) ends with quite the closer:

"Prior to commencing this lawsuit, SCO and its predecessors were heavily
involved in Linux development and promotion. But for their effords, Linux
would not have progressed as rapidly as it did to be come an enterprise ready
operating system"

Cute!

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Can this be made a "sticky"?
Authored by: AndyC on Thursday, October 12 2006 @ 04:35 PM EDT
PJ,

Due to the sheer number of exhibits, might it not be an idea to keep this on the
front page longer than the usual 2 or 3 days?

Andy

P.S. I've read so many comments on this thread, I may have missed someone else
saying the same thing.

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Many nails in the coffin
Authored by: Tsu Dho Nimh on Thursday, October 12 2006 @ 06:29 PM EDT
There are many depositions from individuals taken in 2006 - AT&T employees,
ex-Caldera employees, etc. that all say the same thing:

AT&T never intended to restrict IBM's use of the code

Caldera was deeply involved in Linux development and much of what they claim was
done by IBM was actu7ally done by Caldera or with Caldera's knowledge.

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Ex. 209 has wrong date in the PDF, should be 2005
Authored by: Anonymous on Thursday, October 12 2006 @ 07:27 PM EDT
The statement lists the date of the Ex. 209 Letter from Curtis Drake to Ed
Normand as November 1995 but the letter is dated November 2005. Will
Shaughnessy have to file a corrected letter?

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New Training Activities at BSF
Authored by: jdg on Thursday, October 12 2006 @ 08:51 PM EDT
I have just been reading a number of the declarations and now I know why the new
training sessions at BSF have such high attendance rates even though they are
voluntary. I just learned that the three main activities are: 1) practice in
avoinding the short straw; 2) optimal choices in the rock/scissors/stone
decision model; and 3) how to get to a chair quickly when the music stops and
the music is going to stop soon.

However, a selection of individuals that were not doing well on the testing have
found an alternative game -- how to send out 1000 resumes that do not mention
work on the SCO/IBM case.

---
SCO is trying to appropriate the "commons"; don't let them [IANAL]

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It appears that Caldera will ..Imdemnify IBM against 3rd party claims
Authored by: jdg on Thursday, October 12 2006 @ 09:22 PM EDT
As I read Para 76 (+77 and 78), one sentence alone indicates that SCO has no
casae and no damages.

"In the Strategic Business Agreement, Caldera promised IBM that it would
hold harmless and indemnify IBM from claims that the deliverables or services
infringe the intellectual property rights of third parties."

77 and 78 Under that license, IBM has the right to use the source code that
Caldera's Linux products." and "as I understood it, the GPL afforded
IBM the protection from the claim of infringement by Caldera relating to the
contents of Caldera's Linux products."

Now, isn't this sweet, Caldera (now rolled into tSCOg) indemnify IBM from
tSCOg's claims regarding infringement of intellectual propery rights.

---
SCO is trying to appropriate the "commons"; don't let them [IANAL]

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The IBM-835 Exhibits - Updated
Authored by: Anonymous on Thursday, October 12 2006 @ 10:32 PM EDT
In Exhibit 237, we find that SCO claims the IBM employee Hien Nguyen contributed to (among other files) kernel/printk.c (which Hien Nguyen denies). printk() is a function used solely to print debug messages to the system console. It does not affect the actual functioning of the kernel. (It is very similar to the ISO/ANSI C library function printf() ). This is not as pointless a complaint as the one about header files (since there actually is code in printk()), but almost.

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SCO's reply to this
Authored by: IMANAL on Friday, October 13 2006 @ 12:52 AM EDT
The sheer number of people in different companies, with first-hand experience,
all pointing in the same direction. Ransom Love and Steven Sabbath's
statements... Brilliant! Could SCO's answer be much more than a
obf-tlkgl-glt-ga-ga-ga...?
But, then again I am no lawyer.





---
--------------------------
IM Absolutely Not A Lawyer

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Metadatical recovery of First Draft of EX. 60 - Or the dull made duller
Authored by: webster on Friday, October 13 2006 @ 01:25 AM EDT
.
Exhibit 60 # Letter from Edward Normand to Todd M. Shaughnessy, dated December
8, 2005

Dearest Todd:

I write because we obviously no longer trust each other's recollections and
your pile weighs more than our pile.


Depositions:

Give us a date for Louis Gerstner. Don't you dare limit us to 7 hours without
a protective order. When for Martin Bligh, Tony Befi, Roger Swanson, Jeffrey
Mobley, and Bryan Harold? As to Dipankar Sarma, we will not give him documents
before his deposition, just like everyone else.

Due to your night-before cancellation of Jay Petersen, there is no deposition
scheduled. Let me know your plans since the deadline is January 27, 2006.


SCO's Fifth Request for Documents:

You admit you haven't produced; you do not dispute that we have produced data;
you demand specifics from us but you don't tell us specifically what the pile
you sent means. We will move to compel. And your silence about my 11/11 letter
means you agree we don't need to respond to a damages interrogatory now but at
expert time.


SCO's 30-b-6 notices:

I'm waiting for witnesses and dates on the 29 topics we demanded in our 2
letters. Notwithstanding your stonewalling in the December 1 letter, you've
already agreed to some of this, so move. You're overdue. We've produced ours
and continue to.


IBM's 30-b-6 notices:

Your night-before cancellations of Nagle and Broderick nasty, but not
unexpected. Propose new dates. Sontag will be available on 12/21. There is a
"rolling production" of documents re his topics. We don't agree with
your 11/11 letter, but we gave relevant stuff today and yesterday. I'll respond
to your letter when I feel like it.


Sufficiency of SCO's Previous Document Production:

SCO's 11/23 production contained two doc's as supplements referred in my 11/11
letter and doc's responsive to IBM's 7th request. So when are you going to
begin your supplemental production?


SCO's 7th Request for Production of Documents:

Let's meet. How about 12/12 a 2 PM Utah time. RSVP.


IBM's 7th Request for Production of Documents:

Whatever we don't object to, we will pile and produce, even No. 127.


Deficiencies in IBM's CMVC Production:

You can't say you have answered our questions and complied re deficiencies and
say we are not at an impasse re deficiencies and then say there is nothing more
to discuss. Come across on 12/13 with our 8th request.


Deficiencies in IBM's 150 Programmers:

Sames as CMVC. We ask and you don't explain. You are maintaining a
non-existent argument re meet-and-confer obligations that the record makes
clear, though not in your head, have been satisfied.


IBM's Failure to produce Pre-1991 AIX Source Code:

I take it from your stonewalling that you haven't looked on the main frame in
NC. We're gonna tell the Judge.


The Privilege Log Objections:

What about redactions on documents but not on your privilege log?


Discovery 1/17 to 3/17/06:

We agreed on scope save for our updated responses by 12/22/06.


Requests for Admissions:

What about 3/06 as I said before? You don't respond but ask us to admit Darl's
public statements before his second day of deposition. We agreed on unlimited
requests, but reasonable. We'll do it if you agree on March 2006 to serve
requests. How about it?


SCO's Disclosures and Interrogatory Responses:

Re your 12/5 letter, we will comply with the Court's Orders re deadlines as
best we can despite your stonewalling. We'll also see if we can give you
anything in "usable electronic format." In October, you could do text
search. We'll see about the "native" format IBM prefers. We couldn't
in October so don't get your hopes up for December.


McBride's Testimony:

In your Dec 5 letter you are mistaken. I'll ignore your 12/8 deadline and tell
you Hunsaker's 30-b-6 testimony does not confirm a lack of interference save
those named in interrogatories. You are wrong. Hunsaker's topic was only
"SCO's business relationships" NOT "interference with SCO's
business relationships." You don't mention our objections in your letter.
We've discussed them both before and during the depositions. We have to stick
to the scope of the topics.

Hunsaker had companies. We objected on ambiguity and breadth. Tibbitts will
testify on interference. You all knew and acknoledged that. Tibbits was the
interference man who might name more companies and relationships that aren't on
the list.

As you will certainly do, our supplementary interrogatory responses will be
consistent with our 30-b-6 testimony. You expect overlap of interrogatory and
30-b-6 responses from SCO, but object to providing it yourself. There is room
to discuss this point so don't impose it. Your mistaken effort to attack us for
inconsistent responses in our initial interrogatories has no basis. Same for
our proposed 30-b-6 topics.

You demand McBride's emails and all responsive documents in 3 days. Let us
respond with a familiar, to you, "Palmisanic" objection, i. e. not all
documents are responsive. I will search but you also haven't given us enough
time. I will get back to you promptly, say mid-January at the earliest.

Sue my clients. Thank you for your prompt and repeated attention to these
matters. How are the kids?


Sincerely,



Edward Norman(d) signed by J.S.








---
webster

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Another sealed exhibit ( #457 StoreBusters ) press release available here...
Authored by: grahamt on Friday, October 13 2006 @ 05:50 AM EDT
Article titled "StoreBusters Inc. to Deliver Next-Generation Online Se1ling System Using Caldera Systems' OpenLinux E-business Platform", dated August 11, 2000 and bearing Bates numbers SCO1244467-68 (Under Seal)

http://ir.sco.com/r eleasedetail.cfm?ReleaseID=38486

and here...

http://www.findarticles.com/p/articles/mi_m0EIN/is_2000_August_11/ai_6406 0050

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A Very Interesting Web Search
Authored by: DaveJakeman on Friday, October 13 2006 @ 08:23 AM EDT

Google this: caldera site:linux.ittoolbox.com

Then note these:

  1. Caldera Systems whitepaper: "OpenLinux and Open Source" (PDF:625K)
  2. Caldera Systems whitepaper: "Linux and UNIX Are Coming Together" (PDF:987K)
  3. Caldera Systems whitepaper: "Our Social Contract with the Open Source Community" (PDF:54K)
These are jewels!

As these were actually written by Caldera, that must mean Darl is the ultimate pointy-haired boss. He must have his head in the clouds where the sun don't shine.

---
I would rather stand corrected than sit confused.
---
Should one hear an accusation, try it on the accuser.

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SCO didn't produce early code comparisons?
Authored by: GLJason on Friday, October 13 2006 @ 03:07 PM EDT
Exhibit 144 is a letter from SCO to Judge Kimball explaining their discovery deficiencies. In it, they claim that although IBM asked for the results of any code comparisons, they did not have to provide them:
(6) "The code comparisons performed by consultants retained by SCO, the results of which were publicly discussed by SCO." These documents were created by consulting experts who have not been designated to testify in this case. As a result, such documents are protected from disclosure under Rule 26(b)(4).
So did SCO not have to produce those documents? What is the basis for such a claim of privilege? I would think IBM should be able to get those documents as it goes to their counterclaim for unfair competition. Normally I could see where this might be the case that you don't have to produce expert reports not planned on being used at trial. However, in this case SCO publicly touted the strength of their infringement claims and mentioned and relied on those reports when making those statements. In addition, SCO failed to disclose any of this evidence in their interrogitory responses, claiming they needed more discovery from IBM before they could find anything.

I think this instance would fall under the exceptional circumstances exception:

[...] or upon a showing of exceptional circumstances under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject by other means.
IBM cannot obtain facts or opinions on the same subject really because the subject is not whether Linux infringes or not, the subject is what evidence that SCO had that Linux infringed when it made its public statements, and why they would withhold that information when IBM sought it in discovery if they had it. How can SCO keep claiming that the had teams of experts finding truckloads of infringement, yet not be required to produce any evidence?

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Exhibit 278 - Bart Whitely of Caldera - what SCO knew and when
Authored by: Anonymous on Friday, October 13 2006 @ 05:53 PM EDT
This is deadly to the SCO claims as it refutes every key statement about "no knowledge" of included code.

While SCO makes a clear point of specifying Kernel 2.4 and above as tainted, here is evidence that SCO caused the info released, well before that kernel release.

It's pretty sad when Caldera/SCOG ex-employees make statements like this regarding their work and knowledge of Linux and SVRX. This was work done before Caldera morphed into SCOG, well before the lawsuit.

As noted before, there is a clear disconnect between development staff and management knowledge. It seems everyone knew about Ransom Love's goal of merging Unix and Linux except for the NEW board members and selected office staff.
#278 -- Declaration of Bart Whiteley, dated September 19, 2006

... Para 20 -- United Linux Version 1.0 contained ELF/SVID ..., SMP, ... and other capabilities similar to UNIX System V release 4. I know because I ran the product on an SMP box on my workstation and related documentation indicated that the system calls, API, and other capabilities of UnitedLinux came from System V. Caldera ultimately included these in its United Linux distribution.

Para 21 -- Caldera knew exactly what was in the United Linux code. The compay's engineers were very familiar with what was in Linux and knew what code and technologies were included. ....

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#238
Authored by: Anonymous on Friday, October 13 2006 @ 08:21 PM EDT
This deposition of K.Y. pretty much puts the kibosh on any arguments about ELF
and certain header files not being available for unrestricted public use. It
also matches my recollections having been on the Open Group committee that
produced SPEC1170 and the Single Unix Specification.

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Link for #538
Authored by: Anonymous on Friday, October 13 2006 @ 09:30 PM EDT
You can download the article #538 from www.usenix.org in either ASCII or Postscript

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Strikeouts
Authored by: Anonymous on Saturday, October 14 2006 @ 12:12 AM EDT
Please leave the strikeouts. I like them. It makes it easy to tell which items
were sealed (initially I wondered why there were missing exhibits).

Reply briefs in 2 weeks. Yeehaw!

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New Mistakes
Authored by: Erwan on Saturday, October 14 2006 @ 01:33 AM EDT
And any comments made after Update 2.

---
Erwan

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Declaration Notes
Authored by: GLJason on Saturday, October 14 2006 @ 03:13 AM EDT
I read most (if not all) of the declarations available and made notes on them.
I'm attaching the notes as a reply so they don't all show up on the main page.
It really is staggering how everyone involved with the Software Agreements, on
BOTH sides, has the same story. This includes people from IBM and Sequent that
negotiated the contracts, people from AT&T that negotiated the contracts,
people that administered those contracts at AT&T, USL, Novell, Santa Cruz,
and Caldera, and people that negotiated the Amendments. Until Darl came along,
everyone involved in all of the contracts were of the same Mind, AT&T only
controlled its licensed code, not modifications.

Actually, I think Darl and the lawyers only came up with that whacky theory
after they realized that Linux did not in fact infringe on UNIX copyrights. A
misinterpretation of one sentence in those contracts was all they had to hold on
to. They've effectively prevented IBM from seeing the results of the
"three teams" they supposedly hired that found tons of infringement in
Linux, so they can claim whatever they wish.

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