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Addendum to Protective Order in SCO v. IBM
Saturday, March 06 2004 @ 12:16 PM EST

Here is a new document just filed, an addendum to the protective order in SCO v. IBM.

IBM will be handing over some AIX code in discovery, and some of it actually is proprietary code that belongs to Computer Associates, who wished to limit who on the SCO side gets to see its code. The parties have agreed that only SCO's outside lawyers, as opposed to Kevin or Heise, and any outside experts not affiliated with SCO may view it, not Darl and the gang, and they had to promise they won't use the code for any development purposes and will review only what is appropriately necessary in connection with the lawsuit.

Somebody doesn't altogether trust somebody not to grab some code, it appears, in order to improve their own products. After the "They took a license"/"No, we didn't" issue, you can't blame CA for wanting every little thing spelled out in black and white to make sure they know exactly what is agreed upon. The parties have agreed on these terms, so the judge signed the order, and it's signed by Judge Kimball, I note, not Judge Wells. The PDF is here.

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

Mark M. Bettilyon (Utah Bar No. 4798)
Cecilia M. Romero (Utah Bar No. 9570)
RAY QUINNEY & NEBEKER
[address and telephone]

Attorneys for non-party, Computer Associates International, Inc.

___________________________________________

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

_______________________________________

THE SCO GROUP,

Plaintiff,

v.

INTERNATIONAL BUSINESS MACHINES CORPORATION,

Defendant.

______________________________________

ADDENDUM TO STIPULATED PROTECTIVE ORDER

Judge: Dale A. Kimball

Civil No. 2:03CV294

______________________________________

On September 15, 2003 the SCO Group ("SCO") and International Business Machines Corporation ("IBM") agreed to the terms of a stipulated protective order.

In ongoing discovery, SCO has sought from IBM source code for the AIX and Dynix operating system (collectively "Source Code"). The Source Code contains, among other things, source code that is subject to third-party confidentiality obligations, including code for which IBM may owe obligations to Computer Associates International, Inc. and/or its subsidiaries and predecessors in interest ("Computer Associates"). Some of the Source Code that has been identified as being subject to such confidentiality obligations includes code developed by Locus Computing Corporation ("Locus") and code for the Dynix operating system developed by Interactive Systems Corporation ("Interactive"). The obligations of confidentiality owed to Computer Associates with regard to the aforementioned Source Code arise from a series of acquisitions and/or changes of control whereby Computer Associates became successor-in-interest to Locus and Interactive. IBM, Locus and Interactive, respectively, entered agreements that obligated IBM to maintain the confidentiality of the foregoing Source Code.

Computer Associates considers the Source Code to be highly confidential. Because of its confidentiality, and because of the competing business interests between SCO and Computer Associates, SCO has agreed that, with respect to any Source Code that is provided to SCO by IBM in this lawsuit, it shall be produced to SCO on an outside attorneys' eyes-only basis. Accordingly, the Source Code may be disclosed to SCO's outside counsel of record in this lawsuit, but shall not be disclosed to anyone else, including without limitation any of SCO's officers, directors or employees, including SCO's in-house counsel. Computer Associates has agreed that outside experts who are not otherwise affiliated with SCO and outside counsel may review the Source code. SCO further agrees that outside counsel and/or any experts who review the Source Code will not utilize this software for any development purposes, and will limit their review and use of the software to issues relevant to the present litigation.

Based upon the stipulation of counsel and good cause appearing therefore, IT IS HEREBY ORDERED THAT the Stipulated Protective Order is amended as follows:

The Source Code, as defined above, may only be disclosed by IBM to SCO's outside counsel and its independent experts. SCO shall not provide said Source Code to SCO's officers or employees, including SCO's in-house counsel, nor use said source code for any purpose outside the context of the present litigation.

DATED this [5th] day of March, 2004

[Signature of Dale A. Kimball]
Honorable Dale A. Kimball
United States District Court Judge

APPROVED AS TO FORM
HATCH, JAMES & DODGE, P.C.
By [Signature of Brent O. Hatch]
Brent O. Hatch
Mark F. James

Attorneys for Plaintiff, The SCO Group

SNELL & WILMER, L.L.P.
By [Signature of Todd M. Shaughnessy]
Alan L. Sullivan
Todd M. Shaughnessy

Attorneys For Defendant, International
Business Machines Corporation

RAY, QUINNEY & NEBEKER
By [Signature of Cecilia M. Romero]
Mark M. Bettilyon
Cecilia M. Romero

Attorneys for non-party, Computer Associates


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