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Exhibit 3 - SCO's Document Request
Saturday, February 07 2004 @ 05:45 PM EST

Here is SCO's Document Request, Exhibit 3, with thanks to Peter Smith and Ned Ulbricht.

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

The SCO Group

v.

International Business Machines Corp.

 

Civil Docket Case No. 03-CV-0294

The Honorable Dale A. Kimball

Magistrate Brooke C. Wells

 

U.S. District Court – District of Utah

350 South Main Street, Room 150

Salt Lake City, UT 84104

 

Hearing on all Pending Motions

 

No

SCO’s Document Request

IBM’s Production

 

First Request for Production

 

1

 

All documents concerning or relating to any agreements entered into with
AT&T relating to UNIX, including but not limited to the agreements attached
to the First Amended Complaint.

Partial

2

All versions or iterations of AIX source code, modifications, methods and/or
derivative works since May 1999, including but not limited to version 4.3 and
above.

Copy of CD label only

3

All versions or iterations of Sequent Dynix source code, derivative works,
modifications and/or methods since January 1, 1999 to date.

 

4

All documents concerning IBM's efforts, if any, to maintain the
confidentiality of UNIX source code, derivative works, modifications, and/or
methods.

Partial

5

All documents concerning IBM's efforts, if any, to maintain the
confidentiality of AIX source code, derivative works, modifications, and/or
methods.

Partial

6

All documents concerning IBM's efforts, if any, to maintain the
confidentiality of Sequent Dynix source code, derivative works, modifications,
and/or methods.

Partial

7

All documents concerning IBM's efforts, if any, to restrict distribution of
Unix source code, derivative works, modifications, and/or methods.

Partial

8

All documents concerning IBM's efforts, if any, to restrict distribution of
AIX source code, derivative works, modifications, and/or methods.

Partial

9

All documents concerning IBM's efforts, if any, to restrict distribution of
Sequent Dynix source code, derivative works, modifications, and/or methods.

Partial

10

All documents concerning Prerequisite Source Licenses, including but not
limited to all instances in which IBM required persons or entities to obtain a
Prerequisite Source License under paragraph 2.2(a) of its contract with its
customers.

 

11

All contributions including but not limited to source
code, binary code, derivative works, methods, and modifications by IBM to Open
Source Development Lab, Linus Torvalds, Red Hat or any other entity without
confidentiality restrictions.

 

12

All documents that identify all persons or entities to whom IBM has provided
UNIX source code, derivative works, modifications and/or methods.

Partial

13

All documents that identify all persons or entities to whom IBM has provided
AIX source code, derivative works, modifications and/or methods.

Partial

14

All documents that identify all persons or entities to whom IBM has provided
Sequent Dynix source code, derivative works, modifications and/or methods.

 

15

All documents that identify all persons at IBM and Sequent who had access to
UNIX source code, derivative works, modifications and/or methods.

 

16

All documents that identify all persons at IBM and Sequent who had access to
AIX source code, derivative works, modifications and/or methods.

 

17

All documents that identify all persons at IBM and Sequent who had access to
Sequent Dynix source code, derivative works, modifications and/or methods.

 

18

All documents, agreements and correspondence between IBM or any person or
entity under IBM's control and Linus Torvalds including, but not limited to,
those with or copied to Sam Palmisano.

 

19

All documents, agreements and correspondence with Open Source Development
Lab.

 

20

All documents, agreements and correspondence with Red Hat.

Partial

21

All documents, agreements and correspondence with SuSe.

Partial

22

All documents, agreements and correspondence between IBM and Novell
regarding UNIX, including but not limited to all correspondence with Jack
Messman, Chris Stone and/or Novell's counsel.

Partial

23

All documents, agreements and correspondence between IBM and Santa Cruz
Operation regarding UNIX.

Partial

24

All documents, agreements and correspondence between IBM and Caldera.

Partial

25

All documents, agreements and correspondence between IBM and The SCO Group.

 

26

All documents identifying all IBM personnel who are or were employed or
working at the Linux Technology Center.

 

27

All documents identifying all IBM personnel who are or were employed or
working at the Linux Center of Competency.

 

28

All documents concerning Project Monterey.

Partial

29

All documents concerning any UNIX source code, derivative works,
modifications or methods disclosed by IBM to any third party or to the public.

Partial

30

All documents concerning any AIX source code, derivative works,
modifications or methods disclosed by IBM to any third party or to the public.

Partial

31

All documents concerning any Sequent Dynix source code, derivative works,
modifications or methods disclosed by IBM to any third party or to the public.

 

32

All documents concerning any UNIX source code, derivative works,
modifications or methods found in Linux, open source, or the public domain.

Partial

33

All documents concerning any AIX source code, derivative works,
modifications or methods found in Linux, open source, or the public domain.

Partial

34

All documents concerning any Sequent Dynix source code, derivative works,
modifications or methods found in Linux, open source, or the public domain.

Partial

35

All documents concerning any contributions to Linux or to open source made
by IBM and/or Sequent.

Partial

36

All documents sufficient to show IBM's organizational and personnel
structure, including but not limited to organizational charts, flow charts and
personnel directories.

 

37

All documents concerning any statement, affidavit, declaration, or opinion
in IBM's possession relating to contributions by IBM to open source, including
but not limited to those statements identified in the Complaint made by Messers. [sic]
Mills, LeBlanc and Strassmeyer.

 

38

All documents concerning the Open Source Developer's Class, including any
guidelines relating thereto.

 

39

All documents concerning export controls for all UNIX source code,
derivative works, modifications or methods contributed to open source, including
all portions of AIX, and Dynix and their derivative works, modifications, or
methods.

Partial

40

All documents concerning IBM's use of Intel processors prior to January 1,
1998.

 

41

All documents concerning IBM's use of Intel processors after January 1,
1998.

 

42

All documents concerning IBM's contributions to development of the 2.4 and
2.5 Linux Kernel.

 

43

All documents concerning IBM's First Affirmative Defense that the Complaint
fails to state a claim upon which relief can be granted.

 

44

All documents concerning IBM's "Second Defense" that Plaintiff's claims are
barred because IBM has not engaged in any unlawful or unfair business practices,
and IBM's conduct was privileged, performing the exercise of an absolute right,
proper and/or justified.

 

45

All documents concerning IBM's Third Affirmative Defense that Plaintiff
lacks standing to pursue its claims against IBM.

 

46

All documents concerning IBM's Fourth Affirmative Defense that Plaintiff's
claims are barred, in whole or in part, by the applicable statutes of
limitations.

 

47

All documents concerning IBM's Fifth Affirmative Defense that Plaintiff's
claims are barred, in whole or in part, by the economic loss doctrine or the
independent duty doctrine.

 

48

All documents concerning IBM's Sixth Affirmative Defense that Plaintiff's
claims are barred by the doctrines of laches and delay.

 

49

All documents concerning IBM's Seventh Affirmative Defense that Plaintiff's
claims are barred by the doctrines of waiver, estoppel and unclean hands.

 

50

All documents concerning IBM's Eighth Affirmative Defense that Plaintiff's
claims are, in whole or in part, preempted by federal law.

 

51

All documents concerning IBM's Ninth Affirmative Defense that Plaintiff's
claims are improperly venued in this district.

 

52

All documents used, referred to, identified, or relied upon in responding to
Plaintiff's First Set of Interrogatories.

 

 


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