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IBM Subpoenas Almost Everybody
Friday, April 23 2004 @ 12:44 AM EDT

This should keep you busy. IBM has subpoenaed almost everyone, including the following:

Go to page three on each of these to find what they have each been asked to produce. Who is missing? Um. Microsoft? Let's stay tuned. There will undoubtedly be more subpoenas to come. And they do ask S2, Morgan Keegan and Royce for all documents concerning any communications with or any meetings involving Microsoft regarding Unix, Linux, SCO and/or Canopy.

What puzzles me is, what is Oracle doing here? They ask Oracle to produce all documents concerning any "agreements or understandings (written or oral) between Oracle and SCO", as well as any documents concerning any communications or any meetings with SCO and/or Canopy regarding Unix or Linux.

They ask Novell for all documents having to do with the BSDi case. And they ask Canopy for all documents from the Caldera, Inc. v. Microsoft case, including but not limited to documents concerning the destruction of the documents from the action.

For example, thanks to Steve Martin's nimble fingers, here is Morgan Keegan's list:

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

ATTACHMENT A TO SUBPOENA TO MORGAN KEEGAN & CO., INC

You are instructed to produce the following documents at the time and place specified in the subpoena.

Documents To Be Produced

  1. All documents concerning this Lawsuit (including SCO's claims and IBM's defenses and counterclaims), including but not limited to all documents concerning: (a) SCO's alleged evidence in support of its claims; and (b) any statement, affidavit, declaration, analysis, assessment or opinion concerning this Lawsuit or SCO's alleged rights or evidence.
  2. All documents concerning any communications with SCO and/or Canopy.
  3. All documents concerning any meetings with SCO and/or Canopy.
  4. All documents concerning any agreements or understandings (written or oral) with or relating to SCO and/or Canopy.
  5. All documents concerning any communications with Microsoft Corp. ("Microsoft") regarding Unix, Linux, SCO and/or Canopy.
  6. All documents concerning any meetings involving Microsoft regarding Unix, Linux, SCO and/or Canopy.
  7. All documents concerning any services performed for SCO and/or Canopy, including but not limited to all services performed pursuant to the contract dated August 16, 2002 between Caldera International, Inc. and Morgan Keegan & Co., as amended on February 13, 2003.
  8. All documents concerning any (actual or potential) investment or ownership interest in SCO made or held by Morgan Keegan & Co., including but not limited to documents concerning the decision to invest and/or the terms of the investment.

Instructions and Definitions

The instructions, definitions, and rules contained in the Federal Rules of Civil Procedure, including in particular Rule 45, and the local rules or individual practices of this Court are incorporated herein by reference and supplemented with the following definitions and instructions:

A. Definitions

  1. The term "communication" shall mean any transmittal of information, whether oral or written including correspondence, electronic mail and other internet transmissions, web pages, Internet Relay Chat logs, instant messages, telexes, facsimile transmissions, telecopies, recordings in any medium of oral communication, telephone or message logs, or notes or memoranda concerning written or oral communications.
  2. The term "Canopy" shall mean and include, collectively and/or individually, The Canopy Group and all its directors, officers, authorized agents, employees, consultants, attorneys, representatives, direct and indirect contractors, and/or all other persons acting on behalf of The Canopy Group.
  3. The term "concerning" shall mean relating to, referring to, reflecting, describing, evidencing, referencing, discussing or constituting.
  4. The term "document" shall be synonymous in meaning and usage with the broadest scope of the term used in Rule 34(a) of the Federal Rules of Civil Procedure. The term "document" shall include without limitation all written, phonic, graphic or recorded matter, including without limitation, information stored on computers, disks, tapes (i.e., magnetic or other storage media), World Wide Web pages, electronic mailing lists or automated fax support systems. The term "document" specifically includes electronic mail, electronic correspondence, or electronic peer-to-peer messages ("e-mail") and any attachments and files created and maintained in electronic form in the normal course of business.
  5. The term "including" shall mean including without limitation.
  6. The term "lawsuit" shall mean the action entitled The SCO Group, Inc. v. International Business Machines, Civil No. 2:03CV-0294.
  7. The term "Morgan Keegan & Co." shall mean and include, collectively and/or individually, Morgan Keegan & Co., Inc., and all its directors, officers, authorized agents, employees, consultants, attorneys, representatives, direct and indirect contractors, and/or all other persons acting on behalf of Morgan Keegan & Co., Inc.
  8. The term "person" shall mean any natural person or any private or public entity.
  9. The term "SCO" shall mean and include, collectively and/or individually, plaintiff Caldera Systems, Inc., Caldera International, Inc., or The SCO Group, Inc., and all its directors, officers, authorized agents, employees, consultants, attorneys, sales representatives, direct and indirect contractors, entities that were in part or in whole acquired by or merged with Caldera Systems, Inc., Caldera International, Inc., or The SCO Group, Inc., affiliates, subsidiaries or predecessor companies of Caldera Systems, Inc., Caldera International, Inc., or The SCO Group, Inc., and/or all other persons acting on behalf of Caldera Systems, Inc., Caldera International, Inc., or The SCO Group, Inc. This includes the Server Software and Professional Services divisions acquired in 2001 by Caldera International, Inc. from Tarantella, Inc., f/k/a The Santa Cruz Operation, Inc.
  10. The term "Unix" shall mean any and all versions, flavors, or other variants of any Unix operating system, including but not limited to all operating systems certified as conforming to the Unix-brand standards set by The Open Group, the owner of the Unix trademark.

B. Instructions

  1. Each paragraph should herein be construed independently and, unless otherwise directed, without reference to any other paragraph for the purpose of limitation.
  2. The use of any definition for the purposes of this request shall not be deemed to constitute an agreement or acknowledgement on the part of IBM that such definition is accurate, meaningful, or appropriate for any other purpose in this action.
  3. Each requested document shall be produced in its entirety. If a document responsive to any request cannot be produced in full, it shall be produced to the extent possible with an explanation stating why production of the remainder is not possible.
  4. Each page or sheet produced is to be marked with a consecutive document control number.
  5. All documents produced in response to this subpoena shall be produced in the same order as they are kept or maintained in the ordinary course of business and, where attached, shall not be separated or disassembled.
  6. All documents produced in response to this subpoena shall be produced, where available, in electronic or machine-readable form.


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