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No
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SCO’s Document
Request
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IBM’s Production
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First Request for
Production
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1
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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.
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Partial
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2
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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.
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Copy of CD label
only
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3
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All versions or iterations of Sequent Dynix source code,
derivative works,
modifications and/or methods since January 1, 1999 to date.
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4
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All documents concerning IBM's efforts, if any, to
maintain the
confidentiality of UNIX source code, derivative works, modifications, and/or
methods.
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Partial
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5
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All documents concerning IBM's efforts, if any, to
maintain the
confidentiality of AIX source code, derivative works, modifications, and/or
methods.
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Partial
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6
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All documents concerning IBM's efforts, if any, to
maintain the
confidentiality of Sequent Dynix source code, derivative works,
modifications,
and/or methods.
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Partial
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7
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All documents concerning IBM's efforts, if any, to
restrict distribution of
Unix source code, derivative works, modifications, and/or methods.
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Partial
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8
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All documents concerning IBM's efforts, if any, to
restrict distribution of
AIX source code, derivative works, modifications, and/or methods.
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Partial
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9
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All documents concerning IBM's efforts, if any, to
restrict distribution of
Sequent Dynix source code, derivative works, modifications, and/or methods.
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Partial
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10
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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.
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11
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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.
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12
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All documents that identify all persons or entities to
whom IBM has provided
UNIX source code, derivative works, modifications and/or methods.
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Partial
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13
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All documents that identify all persons or entities to
whom IBM has provided
AIX source code, derivative works, modifications and/or methods.
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Partial
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14
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All documents that identify all persons or entities to
whom IBM has provided
Sequent Dynix source code, derivative works, modifications and/or methods.
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15
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All documents that identify all persons at IBM and Sequent
who had access to
UNIX source code, derivative works, modifications and/or methods.
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16
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All documents that identify all persons at IBM and Sequent
who had access to
AIX source code, derivative works, modifications and/or methods.
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17
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All documents that identify all persons at IBM and Sequent
who had access to
Sequent Dynix source code, derivative works, modifications and/or methods.
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18
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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.
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19
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All documents, agreements and correspondence with Open
Source Development
Lab.
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20
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All documents, agreements and correspondence with Red Hat.
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Partial
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21
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All documents, agreements and correspondence with SuSe.
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Partial
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22
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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.
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Partial
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23
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All documents, agreements and correspondence between IBM
and Santa Cruz
Operation regarding UNIX.
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Partial
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24
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All documents, agreements and correspondence between IBM
and Caldera.
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Partial
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25
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All documents, agreements and correspondence between IBM
and The SCO Group.
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26
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All documents identifying all IBM personnel who are or
were employed or
working at the Linux Technology Center.
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27
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All documents identifying all IBM personnel who are or
were employed or
working at the Linux Center of Competency.
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28
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All documents concerning Project Monterey.
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Partial
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29
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All documents concerning any UNIX source code, derivative
works,
modifications or methods disclosed by IBM to any third party or to the
public.
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Partial
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30
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All documents concerning any AIX source code, derivative
works,
modifications or methods disclosed by IBM to any third party or to the
public.
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Partial
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31
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All documents concerning any Sequent Dynix source code,
derivative works,
modifications or methods disclosed by IBM to any third party or to the
public.
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32
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All documents concerning any UNIX source code, derivative
works,
modifications or methods found in Linux, open source, or the public domain.
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Partial
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33
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All documents concerning any AIX source code, derivative
works,
modifications or methods found in Linux, open source, or the public domain.
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Partial
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34
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All documents concerning any Sequent Dynix source code,
derivative works,
modifications or methods found in Linux, open source, or the public domain.
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Partial
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35
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All documents concerning any contributions to Linux or to
open source made
by IBM and/or Sequent.
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Partial
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36
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All documents sufficient to show IBM's organizational and
personnel
structure, including but not limited to organizational charts, flow charts
and
personnel directories.
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37
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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.
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38
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All documents concerning the Open Source Developer's
Class, including any
guidelines relating thereto.
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39
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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.
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Partial
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40
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All documents concerning IBM's use of Intel processors
prior to January 1,
1998.
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41
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All documents concerning IBM's use of Intel processors
after January 1,
1998.
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42
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All documents concerning IBM's contributions to
development of the 2.4 and
2.5 Linux Kernel.
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43
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All documents concerning IBM's First Affirmative Defense
that the Complaint
fails to state a claim upon which relief can be granted.
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44
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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.
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45
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All documents concerning IBM's Third Affirmative Defense
that Plaintiff
lacks standing to pursue its claims against IBM.
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46
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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.
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47
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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.
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48
|
All documents concerning IBM's Sixth Affirmative Defense
that Plaintiff's
claims are barred by the doctrines of laches and delay.
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49
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All documents concerning IBM's Seventh Affirmative Defense
that Plaintiff's
claims are barred by the doctrines of waiver, estoppel and unclean hands.
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50
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All documents concerning IBM's Eighth Affirmative Defense
that Plaintiff's
claims are, in whole or in part, preempted by federal law.
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51
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All documents concerning IBM's Ninth Affirmative Defense
that Plaintiff's
claims are improperly venued in this district.
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52
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All documents used, referred to, identified, or relied upon
in responding to
Plaintiff's First Set of Interrogatories.
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