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IBM's Greatest Hits: The Summary Judgment Exhibits - Final List
Saturday, October 14 2006 @ 02:21 PM EDT

Here at last is our final text version of the Declaration of Todd M. Shaughnessy with Unsealed or Redacted Exhibits [PDF]. An earlier version appeared here as we worked on it. I call it IBM's Greatest Hits, but it's Groklaw's Magnum Opus too, for sure. And now for the text. sigh. Thank you all for all the corrections, most particularly to feldegast, who was tireless in checking for broken links.

You will notice that Erwan took the time to make the list more visually attractive and thus easier to use, as well as more like the PDF, so I'm giving it its own page. This is the version to link to and bookmark, I'd think, but I'll leave our first version as a memorial to the incredible effort. Thank you, Erwan. This is beautiful.

As you see, he's removed the lines through the sealed exhibits and instead given them a background color so they are simple to spot and move past, but also readable. If by any chance you can't see the color, don't worry. You are then seeing how it looks in the original PDF, so you are only missing an addition visual aid. The judge doesn't need that, because he received this as a DVD, with clickable links. If copyright law worked differently, I'd gladly have done the same for you, but it is what it is.

The only other changes are that with articles in the media, we had already searched for links to locations on the Internet where you can find the articles, and I preserved that here, and in some cases we link to documents already provided on Groklaw instead of linking to the new PDF of the same thing, and we skipped pagination, since the numbering makes it unnecessary and it's extra work. There are likely still fine tuning issues to fix. This was a massive project, and now comes the fun of reading it all and understanding it.

[Update: There is an annotated chart, with links to the motions they support and text versions, where available, here.]

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

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 NumberDescription 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 15, 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 17, 2004
147 Letter from Darl McBride to Members of Congress, dated January 8, 2004 [text]
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 13, 2006 (Redacted)
166 Declaration of Douglas B. Beattie, dated September 20, 2006
167 Declaration of Kathleen Bennett, including a copy of the files 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 13, 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 15, 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 10, 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 31, 2006 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 4.0, 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 4.0, Powered by UnitedLinux, dated November 19, 2002 and bearing Bates numbers SCO127O429-36
353 SCO product announcement for SCO Linux Server 4.0 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 4.0, 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 4.0, 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 1.0", 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
410 SCO's Notice of Compliance with Court Order of December 12, 2003, dated January 12, 2004
411 IBM's Report on SCO's Compliance with the Court's December 12, 2003 Order, dated January 15, 2005
412 Transcript of October 31, 2003 Hearing before Hon. Brooke C, Wells
413 Transcript of November 21, 2003 Hearing before Hon. Brooke C. Wells
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
423 Transcript of July 21, 2003 Conference Call, titled "The SCO Group Conference Call to Provide Updates on IBM lawsuit, UNIX Ownership and Copyrights"
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"
431 Transcript of June 15, 2004 Conference Call, titled "SCO to Announce Broad Array of Unix Products, Channel Support and Training Programs"
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"
437 Letter Agreement concerning the X/Open Fast Track Process for the Common APIs For UNIX-based Operating Systems ("Spec 1170"), by and among Hewlett-Packard Company, IBM, Novell, Inc., Open Software Foundation, Sun Microsystems, Inc. and X/Open Company Limited, dated March 23, 1994
438 Document titled "Tool Interface Standard (TIS): Portable Formats Specification, Version 1.1", dated October 1993
439 Document titled "Tool Interface Standard (TIS): The Executable and Linking Format (ELF) Specification, Version 1.2", dated May 1995 and bearing Bates numbers 1910846082-187
440 Article by LJ Staff, titled "Caldera and Corsair", from Linux Journal, dated June 1, 1995
441 Caldera, Inc. press release titled "Embedded Linux Moved To Top Priority At Lineo, Inc., Formerly Known As Caldera Thin Clients, Inc.", dated July 20, 1999
442 Caldera, Inc. press release titled "Caldera Open Linux Product To Obtain Posix And Fips Certifications, And The X/Open Brand For Unix 95 And Xpg4 Base 95", dated May 23, 1996
443 Excerpts from book by Stefan Probst and Ralf Flaxa titled, Power Linux, 1997
444 Amendment No. 2 to the Asset Purchase Agreement between Novell, Inc. and The Santa Cruz Operation, Inc., dated October 16, 1996
445 Caldera, Inc. press release titled "Caldera AE Announces New Caldera OpenLinux", dated October 9, 1996
446 Web page titled "Testing requirements by Product Standard", available at http://www.opengroup.org/openbrand/testing/prodstds.htm
447 Article by Jerry Rosa, titled "Billed As The Swiss Army Knife Of Operating Systems - Caldera touts Linux OS," from Computer Reseller News, dated September 1, 1997
448 Internet posting by David Grothe regarding Streams LiS Announcement, Linux Kernel Mailing List, dated January 3O, 1997, available at http://www.ussg.iu.edu/hypermail/linux/kernel/9701.3/0585
449 Caldera Systems, Inc. Whitepaper, titled "Linux Standard Base", dated November 1, 1999, available at http://linux.ittoolbox.com/pub/MM022702d.pdf #search='caldera%20whitepaper%20linux%20standard%20ransom
450 Article titled "Project Proposal and Call for Participation: The Linux Standard Base (LSB) project", from Linux Weekly News, dated May 28, 1998
451 U.S. Patent No. 5,881,270
452 Web page titled "Unix-on-Intel players work on a common binary format", available at http://www.educ.umu.se/~bjorn/mhonar-files/debian-announce
453 Web page titled "86Open Frequently-Asked Questions", dated December 23, 1997, available at http://www.telly.org/86Open-faq
454 Web page titled "86Open Project Final Update", dated July 25, 1999, available at http://www.telly.org/86Open/
455 Email from Ron Record to Mike Davidson, Dion Johnson and Greg Schwarzer, regarding "86Open and lxrun", dated March 4, 1998 and bearing Bates number SCO1820604 (Under Seal)
456 Article by Wayne Spivak, titled "What a difference a year makes for Linux", from Network World, dated October 26, 1998
457 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)
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)
460 Web page titled "About: From Free Standards Group", available at http://www.freestandards.org/en/About
461 Caldera, Inc. whitepaper titled "Our Social Contract with the Open Source Community"
462 Caldera, Inc. press release titled "Caldera Launches OpenLearning - Linux Education Programs and Courseware; Training Includes New OpenLinux Solutions Series and LPI Certification Courses", dated July 31, 2000
463 Email from Blake Stowell to globalpr@list.sco,com and teamjeff@sco.com, regarding "Media & Analyst Update from SCO: Statement and Memo regarding copyright claims", dated July 14, 2005 and bearing Bates numbers SCO1777092-99 (Under Seal)
464 Santa Cruz press release titled "SCO Invests in LinuxMall.com", dated October 14, 1999.
465 Web page titled "Caldera Skunkware: Open Source Software", available at http://www.sco.com/skunkware/html/cdrom/index_cd.html
466 Strategic Business Agreement between IBM and Caldera Systems, Inc., dated June 16, 1999 and bearing Bates numbers 1710023483-90 (Under Seal)
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)
469 Article by David Orenstein titled, "Caldera's in the money", from Computerworld, dated January 11, 2000
470 Transcript of speech given by Ransom Love at LinuxWorld 2000
471 Document titled, "The Caldera Connection", dated October 2000 and bearing Bates numbers SCO1385591-94 (Under Seal)
472 Email from Ransom Love to Jeff Hunsaker, regarding "Rite Aid Corporation", dated October 25, 200l and bearing Bates numbers SCO1325085-89 (Under Seal)
473 Document by Andrew Bowles, titled "Transition Document", dated May 9, 2003 and bearing Bates numbers SCO1327183-88 (Under Seal)
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)
475 Document titled "SCO Linux 4.0 - Powered by UnitedLinux", bearing Bates numbers SCO1331818-19 (Under Seal)
476 Document titled "The New SCO - Solutions, Customers, Partners, SCO Programs", bearing Bates numbers SCO1328808-11 (Under Seal)
477 Novell press release titled, "Novell Challenges SCO Position, Reiterates Support for Linux", dated May 28, 2003
478 Article by Patrick Thibodeau, titled "SCO Official Defends Linux Attack", from Computerworld, dated June 2, 2003
479 Article by David Becker, titled "SCO CEO: Why We're Suing IBM", from CNETnews.com, dated June 16, 2003
480 Article by Otis Port, titled "Commentary: Will This Feud Choke the Life Out of Linux?", from BusinessWeek, dated July 7, 2003
481 Scheduling Order Stipulation, dated December 7, 2005
482 Common API Materials Cross-License Agreement between Hewlett-Packard Company, Sun Microsystems, Inc., Novell, Inc. and IBM, dated January 26, 1994 and bearing Bates numbers 1710084662-81 (Under Seal)
483 Web page titled "History and Timeline", available at http://www.unix.org/what_is_unix/ history_timeline.html
484 Article by Michael Tilson, titled "Towards a UNIX Standard", from USENIX Conference Proceedings
485 Settlement Agreement between UNIX System Laboratories, Inc. and Sequent, dated November 25, 1992 and bearing Bates numbers 171077842-46
486 Exhibit 3(a) from the May 11, 2004 Deposition of Erik Hughes (Under Seal)
487 Excerpt from book by Peter H. Salus, titled A Quarter Century of UNIX, published in 1994
488 Unix Sys. Labs. Inc. v. Berkeley Software Design, Inc., No. 92-1667, 1993 WL 414724 (D.N.J. Mar. 3, 1993)
489 U.S. Patent No. 6,141,005
490 U.S. Patent No. 6,259,448
491 Excerpt from book by John Lions, titled Lions' Commentary on UNIX 6th Edition
492 Software Agreement (Agreement No. SOFT-00015) between AT&T Technologies, Inc. and IBM, dated February 1, 1985
493 U.S. Patent No. 6,111,572
494 U.S. Patent No. 5,202,971
495 U.S. Patent No. 5,175,852
496 U.S. Patent No. 5,421,011
497 U.S. Patent No. 5,428,171
498 U.S. Patent No. 5,442,758
499 U.S. Patent No. 5,185,861
500 U.S. Patent No. 6,038,677
501 U.S. Patent No. 6,279,034
502 Amendment No. 1 to the Asset Purchase Agreement between Novell, Inc. and The Santa Cruz Operation, Inc., dated December 6, 1995
503 U.S. Patent No. 6,275,810
504 U.S. Patent No. 5,872,958
505 Set of Invoices from SCO Operations, Inc. bearing Bates numbers SCO1187631-789 (Under Seal)
506 Email from Ralf Flaxa to Andy Nagle regarding "OpenLinux Product Team meeting AGENDA", dated March 22, 2002 and bearing Bates number SCO1412325 (Under Seal)
507 Transcript of the November 15, 2005 Deposition of Timothy J. R. Wright (Under Seal)
508 IBM Technical Disclosure Bulletin by V. A. Albaugh, titled "Combined Event Performance Trace for AIX", dated March 1990
509 U.S. Patent No. 4,742,447
510 U.S. Patent No. 4,742,450
511 U.S. Patent No. 4,918,653
512 U.S. Patent No. 5,032,979
513 Transcript of December 10, 1992 Deposition of Otis L. Wilson in the matter of UNIX System Laboratories, Inc. v. Berkeley Software Design, Inc., Civil Action No. 92-1667 (D.N.J.)
514 UNIX System Laboratories Reply Memorandum of Law in Further Support of its Motion for a Preliminary Injunction, submitted in the matter of UNIX System Laboratories, Inc. v. Berkeley Software Design, Inc., Civil Action No. 92-1667 (D.N.J.) and dated January 18, 1993 (Under Seal)
515 U.S. Patent No. 5,875,306
516 U.S. Patent No. 6,581,104
517 U.S. Patent No. 5,754,763
518 U.S. Patent No. 5,584,023
519 U.S. Patent No. 4,809,168
520 U.S. Patent No. 6,662,205
521 U.S. Patent No. 5,819,251
522 U.S. Patent No. 5,608,893
523 U.S. Patent No. 5,727,209
524 U.S. Patent No. 6,219,690
525 U.S. Patent No. 5,133,053
526 U.S. Patent No. 4,761,737
527 U.S. Patent No. 5,142,622
528 U.S. Patent No. 5,261,053
529 U.S. Patent No. 5,655,122
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 10.0 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 1.0", 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 SCO1269360-63 (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 Release 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

4. I declare under penalty of perjury that the foregoing is true and correct.

Executed: October 4, 2006

Salt Lake City, Utah

____[signature]____
Todd M. Shaughnessy


CERTIFICATE OF SERVICE

I hereby certify that on the 4th day of October, 2006, a true and correct copy of the foregoing was served by hand delivery, to the following:

Brent O. Hatch
Mark F. James
HATCH, JAMES & DODGE, P.C.
[address]

  


IBM's Greatest Hits: The Summary Judgment Exhibits - Final List | 496 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Totally awesome dudes!
Authored by: Anonymous on Saturday, October 14 2006 @ 02:27 PM EDT
Thank you.

[ Reply to This | # ]

Corrections, if any, go here, please.
Authored by: talexb on Saturday, October 14 2006 @ 02:28 PM EDT
Is there no "I swear the following to be true, blah blah blah perjury blah
blah" at the end of this document?

[ Reply to This | # ]

Off-topic links here
Authored by: talexb on Saturday, October 14 2006 @ 02:30 PM EDT
Preview before you post!

[ Reply to This | # ]

IBM's Greatest Hits: The Summary Judgment Exhibits - Final List
Authored by: John Hasler on Saturday, October 14 2006 @ 02:40 PM EDT
> As you see, he's removed the lines through the sealed
> exhibits and instead given them a background color so they
> are simple to spot and move past, but also readable.

This assumes one allows pages to select colors. I don't as many sites want to
use color combinations I find very hard to read (or just plain irritating).

---
IOANAL. Licensed under the GNU General Public License

[ Reply to This | # ]

WOW
Authored by: Nick_UK on Saturday, October 14 2006 @ 03:08 PM EDT
is all I can say - WOW

What a lot of work - thank you all.

Nick

[ Reply to This | # ]

  • WOW - Authored by: Anonymous on Saturday, October 14 2006 @ 03:40 PM EDT
Item 571 - better copy available
Authored by: tiger99 on Saturday, October 14 2006 @ 03:24 PM EDT
Instead of a bitmapped pdf, there are clean copies of every version of this book (Solaris Multithreaded Programming Guide)he re. (Free login may be required) And, it may avoid having to rotate the pdf images, or your head, to read them!

I don't have time to check right now, but that might be true of other Sun books which are referenced.

OK, not exactly the same as IBM's precise selection of pages, but a good read nonetheless if you are into that sort of thing.

[ Reply to This | # ]

IBM's Greatest Hits: The Summary Judgment Exhibits - Final List
Authored by: wvhillbilly on Saturday, October 14 2006 @ 03:27 PM EDT
Like I posted on an earlier story, it looks like IBM is planning on hanging SCOG out to dry, very thoroughly.

---
What goes around comes around, and the longer it goes the bigger it grows.

[ Reply to This | # ]

FINALLY! 488 Unix Sys. Labs. Inc. v. Berkeley Software Design, Inc.,
Authored by: Anonymous on Saturday, October 14 2006 @ 03:58 PM EDT

There is, an important a series of them like this (a handful from the many really big bombs)....

485 Settlement Agreement between UNIX System Laboratories, Inc. and Sequent, dated November 25, 1992 and bearing Bates numbers 171077842-46

486 Exhibit 3(a) from the May 11, 2004 Deposition of Erik Hughes (Under Seal)

487 Excerpt from book by Peter H. Salus, titled A Quarter Century of UNIX, published in 1994

But, I really like that they put this one in... Finally!

488 Unix Sys. Labs. Inc. v. Berkeley Software Design, Inc., No. 92-1667, 1993 WL 414724 (D.N.J. Mar. 3, 1993)

But, I don't see where the details of the settlement between USL (or Novell) and the Regents is even listed... did IBM in this case miss it (or would there be other reasons for excluding the now publicly available USL vs BSDI settlement terms, AND their importance to the history of a free BSDI and a free UNIX because of both the USL vs BSDI judge's opinion AND the settlement details)?

Also - I don't see where IBM listed the entire details of the case like on the below url... Why didn't IBM include more details related to this important USL vs BSDI case?

http://cm.bell-l abs.com/cm/cs/who/dmr/bsdi/bsdisuit.html


[ Reply to This | # ]

Press release under seal?
Authored by: Anonymous on Saturday, October 14 2006 @ 04:05 PM EDT
I have to admit that I didn't read it from the top down. I went to the bottom
and started reading up. 594 is a press release. Why is it under seal? There
are about 15 or 20 other press releases in the list, 247, 347, 348, 355, etc,
not under seal. Can we find it elsewhere?

[ Reply to This | # ]

Legal Procedural Question
Authored by: tredman on Saturday, October 14 2006 @ 04:08 PM EDT
Here's a question for those so versed. Just about all of the depositions are
sealed. If the planets align, fire and brimstone fill the skies, dogs and cats
start living in peace together, pigs fly, and the case goes to trial, do those
depositions become unsealed in part or in full if those being deposed are called
as witnesses?

I presume if that doesn't happen, those depositions stay sealed forever,
correct?


---
Tim
"I drank what?" - Socrates, 399 BCE

[ Reply to This | # ]

Color of sealed items
Authored by: Anonymous on Saturday, October 14 2006 @ 04:42 PM EDT
I like the idea of a different color, but perhaps grey. As it is, I'm finding it
impossible to skip the sealed items, because they are so highlighted in red!

[ Reply to This | # ]

  • Suggestion for PJ: use css - Authored by: Anonymous on Saturday, October 14 2006 @ 05:06 PM EDT
    • I forgot - Authored by: Anonymous on Saturday, October 14 2006 @ 05:10 PM EDT
Exhibits 278 and 251
Authored by: dmomara on Saturday, October 14 2006 @ 05:07 PM EDT
Some rather devastating implications in the "Caldera after the Santa Cruz
acquisition" section.

Per. Bart Whiteley

"17. .... Mr. Love stated that Caldera would pursue the merging of UNIX
technology and Linux. I recall being present in company meetings where Mr. Love
discussed his plan to use the value of the UNIX-related business that Caldera
purchaced from Santa Cruz in order to improve Linux by making it more reliable,
powerful and 'enterprise hardened'.

18. While employed at Caldera and SCO, I never received training in intellectual
property, including how to protect the rights of Caldera and SCO or how to avoid
infringing intellectual property rights of third parties."

Calvin Gaisford has more to say:

"11. ... I recall being present in company meetings where Mr. Love
discussed his plan to _take_ the value of the UNIX _assets_ that Caldera
purchaced from Santa Cruz and _put it into_ Linux, including _using code from
UNIX to improve Linux by making it more reliable, powerful and 'enterprise
hardened'."


Somehow, one might think that might be something that tSCOG wouldn't want to be
stated before a jury.

[ Reply to This | # ]

Some sealed stuff is available redacted
Authored by: Anonymous on Saturday, October 14 2006 @ 05:17 PM EDT
I noticed

285 Expert Report of Marc J. Rochkind, dated May 19, 2006 (Under Seal)

and remembered having seen portions of it previously.
It turns out although it is filed under seal ...

http://www.groklaw.net/pdf/IBM-669.pdf

A redacted form IS available.

So I suppose it could be made to link to its redacted form.
Doing this for each of the sealed documents for which a
redacted form is available would make this magnum opus,
even more of a magnum.

[ Reply to This | # ]

A Wikipedia article as an exhibit
Authored by: Khym Chanur on Saturday, October 14 2006 @ 05:28 PM EDT
Wow.

---
Give a man a match, and he'll be warm for a minute, but set him on fire, and
he'll be warm for the rest of his life. (Paraphrased from Terry Pratchett)

[ Reply to This | # ]

514 docket entry USLvBSDi
Authored by: jog on Saturday, October 14 2006 @ 05:34 PM EDT
http://cm.bell-labs.com/cm/cs/who/dmr/bsdi/USLvBSD-Docket.htm
1/22/93 78
Minute entry: Proceedings recorded by Ct-Reporter: H. Rappaport; Minutes of:
1.22.93; The following actions were taken, [38-1] motion for preliminary
injunctive relief agst dft., Berkeley Software Design or its officers, agents,
employees servants etc. taken under advisement. Rule 78 By Judge Dickinson R.
Debevoise (jd) [Entry date01/26/93]

3/4/93 93
ORDER denying [38-1] motion for preliminary injunctive relief agst dft.,
Berkeley Software Design or its officers, agents, employees servants etc.
denying [43-1] motion to dismiss complaint denying [43-2] motion to strike
references to the improperly named individuals denying [43-3] motion to transfer
case to the Northern District of California; granting pltf's motion to amend
complt; plyf to serve its amended complt w/in 10 days of filing of this order,
etc. ( signed by Judge Dickinson R. Debevoise ) n/m (jd) [Entry date 03/08/93]

[ Reply to This | # ]

Some odds and ends
Authored by: Anonymous on Saturday, October 14 2006 @ 06:10 PM EDT
Not everyone can download the PDFs so here is a summay of one of them

Alison Amandia: Lawyer at Novell when Unix was sold

220 pages PDF

20 pages are the declaration and the rest is various supporting exhibits

--

IBM wanted to be able to redistribute source code to some clients &
partners.

IBM's buy out was agreed to be irrevocable

Old SCO wanted the right to levy fees on IBM and IBM customers.

IBM redistribution limited to a max of 50 copies. No further redistribution
allow by IBM customers.

SCO has not rights to terminate anything and were not a party to the IBM
negociations.

This strongly argues in favour of Novell rather than old SCO retaining any
copyrights.

++++++

Please note the wish of old SCO to levy a fee per copy of Unix. Im sure I have
heard that from new SCO in this case.

Some of the language in this case seems to be a echo of earlier negociations. Im
sure some of the same people were involved in both.

--

MadScientist





[ Reply to This | # ]

Question on the Declaration of ----- items
Authored by: LaurenceTux on Saturday, October 14 2006 @ 06:59 PM EDT
Is there some sort of list as to what each one brings to the table?

I know that Brian W Kernighan does a "i ~co-wrote the C "bible"
frequently had lunch with the guys that wrote Unix and hold a patent on
comparing sets of code"
aka the "Last time a guy was more definitive he had stone tablets to back
him up" declaration but what did each of the others do?

note on the whole what about redacted versions thing:
any good corener will tell you that a Vic with a dozen+ through and through
bullet holes in his chest can't get any deader

[ Reply to This | # ]

Thematic list of unsealed deposition
Authored by: stats_for_all on Saturday, October 14 2006 @ 07:05 PM EDT
To avoid scrolling the board, the full list will be posted in a child comment to this message. The fields are separated with the • character.

The depositions are tagged by subject matter and affiliation of the writer. The first group are IBM developers responding to specific Items in the final disclosure. Many of these depositions reference file names, and previously undescribed details of the final allegations

Number Indx • Name • DateParse • affiliation • Subject • URL • Note
236 • Scott Nelson • August 4, 2004 • IBM Hacker • DYNIX • Link
596 • Paul McKenney • September 24, 2006 • IBM Hacker • DYNIX • Link
162 • Barry Arndt • September 14, 2006 • IBM hacker • Item 1 JFS • Link
168 • Steve Best • September 10, 2006 • IBM hacker • Item 1 JFS • Link
218 • David Kleikamp • September 11, 2006 • IBM hacker • Item 1 JFS • Link
243 • Mark Peloquin • September 19, 2006 • IBM Hacker • Item 1 JFS • Link
248 • Ben Rafanello • September 12, 2006 • IBM Hacker • Item 1 JFS • Link
231 • Paul McKenney • September 11, 2006 • IBM hacker • Item 2 RCU • Link
258 • Dipankar Sarma • September 13, 2006 • IBM hacker • Item 2 RCU • Link
292 • Martin Bligh • September 12, 2006 • IBM Hacker • Item 23 PTX • Link
293 • Patricia Gaughen • September 18, 2006 • IBM Hacker • Item 94 NUMA • Link
173 • Wayne Boyer • September 11, 2006 • IBM Hacker • Testing Tech • Link
196 • John George • September 12, 2006 • IBM Hacker • Testing Tech • Link
211 • Jim Keniston • September 12, 2006 • IBM hacker • Item 186 • Link
216 • Larry Kessler • September 13, 2006 • IBM hacker • Item 186 • Link
235 • Haren Babu Myneni • September 14, 2006 • IBM Hacker • Item 186 • Link
237 • Hien Nguyen • September 11, 2006 • IBM Hacker • Item 186 • Link
210 • Vivek Kashyap • September 19, 2006 • IBM Hacker • Item 187 • Link
246 • Hal Porter • September 12, 2006 • IBM Hacker • Item 187 • Link
206 • Venkata Jagana • September 21, 2006 • IBM hacker • Item 188 • Link
222 • Shirley Ma • September 14, 2006 • IBM Hacker • Item 188 • Link
263 • Nivedita Singhvi • September 14, 2006 • IBM hacker • Item 188 • Link
161 • Mike Anderson • September 13, 2006 • IBM hacker • Item 190 • Link
274 • Jay Vosburgh • September 28, 2006 • IBM hacker • Item 190 • Link
225 • Michael Mason • September 12, 2006 • IBM hacker • Item 191 • Link
188 • Ruth Forester • September 19, 2006 • IBM hacker • Item 191 • Link

[ Reply to This | # ]

Appreciation / Suggestion / Request : The Road Ahead
Authored by: sproggit on Saturday, October 14 2006 @ 07:18 PM EDT
PJ,

This is - as always - exemplary work. It is no understatement to say that, as a
Community, we stand indebted to you for the tireless hard work you [ and a very
loyal and dedicated collection of helpers ] undertake on our behalf.

I did rather like ... typed with smile much in evidence... your choice of words
when you described this submission from IBM as a "Magnum Opus". I've
been reading your editorials for quite some time now... and it has to be said:
however good Cravath, Swaine and Moore might be at motion practice, you're even
better at achieving clarity and impact.

Thank you.

And so to the punchline. ;o)


It's fairly easy to see that "things are just getting interesting". In
my simple way of looking at things, if this were an eccentric game of chess, the
two legal teams are in the process of putting their various pieces out on the
board, and negotiating over the size and shape of the board. The actual game
itself hasn't really started yet...

Which leads me to the idea/suggestion that it might be a really nice idea if you
would be willing to bring some new postings to Groklaw. In between the
event-driven entries [i.e. those made because there has been activity in the
case] I wondered if yourself, AllParadox and the other experienced legal
commentators might consider drawing us a mental map of what is to come.

Even one article a month through to the conclusion of the case, a piece that
explains what might happen next in sequence of events, what the significance of
the various postings, motions, and events might be.

Separated out - rather than intermixed with the commentary on individual
developments - it might make it easy for those of us who are not experienced in
the law to follow. I've been avidly reading GL since 2003 now - it's became a
part of my life. I try my best to understand the significance of the various
postings and motions - and your commentary is of immense help here.

But still I wonder if a few, brief, dedicated pieces might be an interesting way
of bringing together the remaining chapters of this story.

Just a thought, offered with thanks and respect for all that takes place here.
Perhaps if others have a view for/against they can register that opinion here to
help you judge the merit [or lack] of the idea...

[ Reply to This | # ]

Exhibit 46 - Interference claims - Interrogatory 8
Authored by: sk43 on Saturday, October 14 2006 @ 08:05 PM EDT
On p. 4, interference with HP:

"During the LinuxWorld 2003 convention in New York in about January 2003,
Darl McBride, SCO's CEO, discussed with Karen Smith of IBM that SCO intended to
offer a software license to Linux users to allow for legal and authorized us of
SCO's Unix OpenServer shared libraries in a Linux implementation. Ms. Smith
responded by saying that IBM was not pleased with SCO's plan to offer licenses
for OpenServer shared library use in Linux, and that the licensing plan would
kill Linux." Why would this "kill Linux"? SCO seems to be
sliding around something else that Darl may have mentioned, such as a plot to
seek a SCO IP license for Linux ...er ... Unix from Linux users.

On p. 9, regarding Monterey, SCO states that IBM and SCO agreed that "SCO's
products (OpenServer and UnixWare) would serve the volume UNIX-on-Intel
market". Uh, I wasn't aware OpenServer was even mentioned in Monterey.
Further, I thought SCO had tried to put OpenServer into maintenance mode by this
time.

On p. 10 they reintroduce the allegations of copyright infringement for using
SVR4 code in AIX on Power. Wasn't that allegation thrown out by Kimball, saying
SCO knew or should have known about it?

[ Reply to This | # ]

SCO claims copyright on definition of strcpy???
Authored by: Anonymous on Saturday, October 14 2006 @ 08:35 PM EDT
I think SCO is claiming ownership of the definition of strcpy in the C library:

Page 92 of CC10 PDF, mentions SCO claims the name strings.h and errno.h as well
as parts of these files contents.

The last 3 lines of the page tell us that SCO claims copyright protection on a
function [definition] of copying characters from a source to a destination.

The only conclusion is that, according to SCO, the function definition for
strcpy, regardless of underlying implementation (and let's be honest, there are
a handful of good implementations possible in C), belongs to them.

Quatermass
IANAL IMHO etc.

[ Reply to This | # ]

Steve Sabbath..what exactly did Novell sell?
Authored by: mram on Saturday, October 14 2006 @ 09:01 PM EDT
All along this was the information I was looking for in more detail...the
intentions of Novell and SCO in their deal. That comes out very clearly in this
declaration.

So Novell wanted to retain the "licensing business" and handover only
Unixware to SCO. Obviously the question of copyrights can become very
messy...which is perhaps why Novell wanted to keep maintain status quo regarding
this issue (meaning Novell kept them). When SCO complained about this they said
okay "if you can prove that you really require some copyright to run the
unixware business we will revisit this issue (or we will give you that specific
copyright)"


I can also also understand some of the theory behind the "source
licensing" and "binary licensing" SCOflaws mentioned recently
(when Novell wanted MS / SUn money).

The old Unix licensing was entirely source code. I am not sure if unixware
source was actually licensed....probably only in the binary form in SCO UNIX?

Also lots of other intersting titbits about "irrevocability of IBM's
license"

Interesting to note that TSCOG may not even have half a leg to stand on to sue
IBM regarding Monterey....IBM had to approve transfer of the "joint
development agreement" from old SCO to Caldera --- and IBM explicitly did
NOT approve that.

[ Reply to This | # ]

IBM's Greatest Hits: The Summary Judgment Exhibits - Final List
Authored by: frodsham on Saturday, October 14 2006 @ 09:19 PM EDT
595 is still mis-linked to 596.

[ Reply to This | # ]

IBM's Greatest Hits: The Summary Judgment Exhibits - Final List
Authored by: Anonymous on Saturday, October 14 2006 @ 10:48 PM EDT
What I find more humourous is the number of Linux servers they list. Did they
ever try suing their service providers?

[ Reply to This | # ]

M$' new slogan
Authored by: Anonymous on Saturday, October 14 2006 @ 10:54 PM EDT

Wasn't it Sun that once had the slogan "The network IS the computer"?
Guess M$ could be using "We OWN your computer"...

[ Reply to This | # ]

IBM's Greatest Hits
Authored by: tangomike on Saturday, October 14 2006 @ 11:16 PM EDT
Yes, it's extraordinary. It's also, IMO, clear proof of how much work IBM has
had to pay for to counter TSCOG's obviously baseless and bizarre claims. Now the
court gets to spend really enormous resources on this. Such a waste, really. The
perpetrators cannot go unpunished.

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


[ Reply to This | # ]

Who's your daddy now?
Authored by: belzecue on Saturday, October 14 2006 @ 11:54 PM EDT
"She found that most CEOs had tough disciplinarians as parents. Among those who told Tahmincioglu that they had been spanked were Time Warner CEO Richard Parsons, Shell Chemicals Executive Vice President Fran Keeth, Alliant Energy Resources former CEO Erroll Davis, SCO Group CEO Darl McBride and United Way CEO Brian Gallagher." (my emph.) - link

I was going to put this in the OT thread. Then I realised, no, it *is* on topic. Except now it's the whole company getting spanked. Nice one, Darl.

[ Reply to This | # ]

Magnum Opus: first instalment?
Authored by: ile on Sunday, October 15 2006 @ 01:40 AM EDT
Impressive, most impressive.

But shouldn't we expect SCO to produce - most likely under
seal, though - a similarly long document with attachments?
I am radically not expecting the _content_ of those
attachments to be even remotely comparable to IBM's
productions'; I do expect the _length_ of SCO's baby to be
similar.

And boy, that will be far worse to prepare for Groklaw:
most of everything will be under seal, there will be
broken links everywhere, the works.

Having read The Lord of the Rings a minimum nine times so
far (and having skipped only Tom Bombadil's part
occasionally), I'd never thought I'd be cheering for the
Nazgϋl...

[ Reply to This | # ]

Cool! Great work! Now how long it takes for a judge to proces all this?
Authored by: PolR on Sunday, October 15 2006 @ 02:58 AM EDT
When I check the IBM timeline I find the motion (IBM-619) to limit SCO's claims
was filed Feb 13 2006 and the corresponding order order (IBM-718) was issued
June 28. This is a five month gap.

I have lost track on how many motions there are. Isn't there 5 summary jusgement
motions from IBM and a few more from SCOG?

We have seen how massive the documentation related to IBM's motions are. We
haven't seen much of the documentation re SCO's motion yet. We haven't seen the
sealed overlength replies with titles in polynomial notation that are sure to
come.

The poor judge will have to read, understand and bake an appealproof order for
each of these motions while continuing to handle all the other cases in his
docket. Unless he has a brain that can run multiple parallel virtual machines
for multitasking and a corresponding number of hands and keyboards, I don't see
how we can see a complete set of rulings within a year.

Anyone wants to bet the trial date will be pushed back?

[ Reply to This | # ]

538 text from USENIX
Authored by: jog on Sunday, October 15 2006 @ 05:45 AM EDT
http://www.usenix.org/publications/library/proceedings/neworl/talbot.html

[ Reply to This | # ]

Doing a little research
Authored by: DaveJakeman on Sunday, October 15 2006 @ 11:33 AM EDT
For those interested in doing a little research, the URL for the Caldera
whitepaper "Linux Standard Base" (exhibit 449) offers a good clue:

http://linux.ittoolbox.com/pub/MM022702d.pdf

Now, let's look at that URL again, alongside the URLs of the Caldera whitepapers
"Linux and UNIX Are Coming Together", "OpenLinux and Open
Source" and "Our Social Contract with the Open Source
Community":

http://linux.ittoolbox.com/pub/MM022702a.pdf
http://linux.ittoolbox.com/pub/MM022702d.pdf
http://linux.ittoolbox.com/pub/MM022702e.pdf
http://linux.ittoolbox.com/pub/MM022702g.pdf

Notice something?

The files MM022702a.pdf through MM022702i.pdf exist in that location and I leave
it to the intrepid reader to discover what they are.

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

[ Reply to This | # ]

Item Comments
Authored by: GLJason on Sunday, October 15 2006 @ 02:07 PM EDT
I'll attach my comments on all the items I've read as a reply to this so they
don't show up on the main page. I read through all the letters and declarations
that weren't sealed and summarized them here.

[ Reply to This | # ]

The initial exchanges
Authored by: Anonymous on Sunday, October 15 2006 @ 02:16 PM EDT
I'm looking at the initial exchanges (around the 153, 157 area), where there's the initial letter from McLied to IBM (153) which outlines and enumerates many of IBM's obligations under the AGREEMENTS, and then briefly asserts that IBM has somehow has violated them (it's at the top of page 3, I missed it the first time). When IBM responds asking for clarification (in 156), and basically says "Ok, what exactly is it that IBM has done that you content violate these agreements, which are unrevokable, BTW", TSCOG responds with a letter that highlights the content-free accusations from the previous letter, with a healthy helping of condesionsion for good measure. Then, in 157, McLied goes on the describe the previous accusations as "... exaustive detail" and "[IBM's] wrogdoing detailed in the previous letter".

I mean, how can any take SCO's accusations seriously? They're absurd!

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224 - Robert Marsh -- a FULL copy of the threat letter AND license agreement
Authored by: Anonymous on Sunday, October 15 2006 @ 03:58 PM EDT
Robert Marsh attached a full set of the blackmail correspondence to his
declaration on behalf of IBM, and revealed he paid $800k for the IP
site-license. That one is a goldmine of information of how the SCO scheme went
down

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202 Should not be missed
Authored by: Anonymous on Sunday, October 15 2006 @ 07:45 PM EDT
My favorite line so far, in the expert testemony of Sandeep Gupta, is
18. The third act, "updating a new data structure", is substantially similar in Linux RCU and UNIX RCU because both update the data structure by modifying data structure fields. (emphasis added)
Wow. Quite the smoking gun there, Sandeep.

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Exhibit 157 - Darl to the Big House?
Authored by: Anonymous on Sunday, October 15 2006 @ 08:23 PM EDT
Exhibit 157 and a few around it contain quotes by Darl from agreements that are
either taken out of context or selectively edited. Given what we know was
happening with Novel, I don't see how Darl can claim he didn't know that The SCO
Group was only an agent and didn't have rights to UNIX. Does this actual rise
to the level of fraud? I specifically mean that it seems to involve intrinsic
fraud, extrinsic fraud, and fraud in the inducement.

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Advise on pulling a "personal use" copy of this article
Authored by: LaurenceTux on Sunday, October 15 2006 @ 08:39 PM EDT
PJ would you mind if i used DTA to pull down a copy of this article (and linked
PDFs) so i could refer to it later.

If you wouldn't what time seems to be best to do the run and how many downloads
at a time would be max??

(i don't want to do the net version of waving steak in front of a tiger)

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A little light reading
Authored by: Anonymous on Sunday, October 15 2006 @ 11:46 PM EDT
What a waste. How is the judge supposed to make sense of all of this. How can
any human being hold all this in their brain. This is an encyclopedia! Consider
the amount of human effort expertise and scholarship needed to compile this
compendium. What a total and absolute WASTE of precious human time and
talent!!!! Not only does the amount of information and scholarship vastly exceed
what anyone could possibly require to make a decision, but no sane judge could
possibly base a decision on the totality of what is presented because the amount
of information here exceeds the capacity of a single human brain. Surely SCOs
absurd claims could have been dispensed with far more quickly and efficiently
than this. If this is what is required these days to see off a totally baseless
allegation then justice is in a pretty sad state. We've all known for years that
SCO has no case. Yet hundreds - nay thousands - of people continue to pour
themselves and their talents into this fruitless absolutely pointless complete
waste of time and energy and money. I say again - what a WASTE!!!!!

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The Linus declaration
Authored by: Anonymous on Monday, October 16 2006 @ 01:49 AM EDT
The one exhibit I was eagerly looking forward to was the declaration of Linus Torvalds. I was surprised it was so brief. He just recounts his role in Linus development and its open-source nature without discussing details, like what sources of information he used. The big surprise comes at end. Looks like he is paying tribute to SCO:

10. Prior to commencing this lawsuit, SCO and its predecessors were heavily involved in Linux development and promotion.

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The mystery of the item 594 - published press release is under seal
Authored by: Anonymous on Monday, October 16 2006 @ 03:21 AM EDT

I'm interested about the item 594. Why to put the press release under seal? Is not it supposed to be distributed widely already. And isn't it already available here ? Or it is some special version of press release?

Or could be some error in the scan or the original document?

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Ransom love declaration
Authored by: hokie on Monday, October 16 2006 @ 12:12 PM EDT
PJ,

Can you do a seperate article discussing the Ransom Love declaration. From what
I can tell, he raises a number of points that are important for IBM's defense
and summary judgement requests.

I'm dying to see how SCO counters this since a former CEOs statements regarding
what they knew, and how they operated must have quite a bit of merit.


Thanks

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Results should give pause to thoughts
Authored by: phaoUNTOtom on Monday, October 16 2006 @ 12:26 PM EDT
The collective amount of work put into this project (by IBM and the groklaw
"team" and maybe others) should give SCO and its supporters (such as
the PIPE fairy) pause and reflection on how the public detests what is
happening.

Did not many spend much time (anonymously or otherwise) voluntering their
efforts (with no monetary reward) to this cause?

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SCO: You can't buy companies with UNIX licenses without our prior consent
Authored by: Anonymous on Monday, October 16 2006 @ 12:57 PM EDT
I have just noticed that in Darl's May letter to Sequent (exhibit 154) he
states:


4. Sequent's disclosure of the SOFTWARE PRODUCT (including methods and concepts)
to IBM, which does not hold a System V Release 4.0 License, is breach of
confidentiality.



Presumably his argument, is based on the fact that IBM had an SVR3 license
originally, and Sequent had a SVR4 license, and IBM (with a lesser license)
bought Sequent (with a newer license).

The implication seems to be that if company X buys company Y - and company Y has
a license to UNIX, but company X has a lesser or no UNIX license, then company Y
is in violation. If this theory were true, this would also put X (because in a
buyout they would be a successor to Y), in violation too.

So, in short, according to the theory in this letter, any company that buys a
UNIX licensee, is in violation of SCO's rights, unless they have an identical
UNIX license to the company that they're buying, or they have SCO's prior
consent to be bought.

I wonder how many of the 30,000 UNIX licensees have been bought or sold since
they 80s... this novel theory [if it were true], would give SCO enormous
economic power.


Quatermass
IANAL IMHO etc.

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Exhibit 226...
Authored by: DaveJakeman on Monday, October 16 2006 @ 01:08 PM EDT

...is about as devastating as Well's order limiting SCO's claims.

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

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The latest on Otis Wilson?
Authored by: Anonymous on Monday, October 16 2006 @ 02:19 PM EDT
I am curious about the August 25, 2006 deposition by Otis Wilson. Groklaw
reported a lot of legal maneuvering by BSF before this deposition was taken.
Now the deposition is listed as having taken place but its too bad that it is
under seal. I am curious as to what the transcript might say that justifies the
BSF maneuvering.

----------------
Steve Stites

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Why I don't buy Open Source Software
Authored by: JR on Monday, October 16 2006 @ 03:38 PM EDT
It is harmful tu the eco-system!, yes that's why!!!

http://www.techworld.com/news/index.cfm?RSS&NewsID=7109

LOL

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A Declaration of Love
Authored by: Anonymous on Monday, October 16 2006 @ 04:58 PM EDT
One of the most damning is Ransome Love's. Contray to the fear's of tin foil
hat brigrade it's very very very pro-IBM. This suprises no one who's ever met
him. We questioned his bussiness model, but not that he was a friend of the
Linux community. (Okay RMS, and the EFF really really didn't like him, but that
was 95% due to Caldera's bussiness model.)

He covers Caldera's acceptence of the GPL, their pushing streams, the fact
that the linux community in the end rejected streams, their work to make Linux
more like Unix, buying Santa Cruz to boost linux, the lack of value in SysV,
United Linux....

The best is near the end. Read "SCO's Litigation with IBM" page 25.
He basicly says SCO is completely wrong in every respect. That they knew about
IBM disclosing home grown code, but believed IBM's license permitted. Also that
said disclosure benfited Caldera.

Then he goes on to slam SCO about header files, ELF, and Streams. Saying we
knew, and were active encouraging it.

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Done by Christmas?
Authored by: Nice Kitty on Monday, October 16 2006 @ 06:09 PM EDT
We should be so lucky. Having seen how SCO, Darl, and who knows what other
entities have dragged out this "abortion" of a legal proceeding(s), I
would not be surprised at _all_ if SCO were still bitching & moaning even on
the day (February 2007?) of trial-start.

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