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The PointServe Subpoena - IPx and MIT
Saturday, January 29 2005 @ 06:07 AM EST

If you remember, we told you in mid-December that IBM had filed a certificate of service for a subpoena on PointServe, #354 on Pacer. We have the subpoena [PDF] now, so we can tell you what it asks PointServe to produce.

Frank Sorenson spotted at the time that the CEO of PointServe and its Chief Scientist had previously been at MIT's Lincoln Laboratory. Had the MIT deep divers surfaced at last? I think the subpoena will show you that IBM must at least think it's worth asking. Here are three of the items on their list of things PointServe have to produce:

7. All documents concerning any and all services performed for, on behalf of, or in conjunction with SCO and/or Canopy, including but not limited to any and all source code or technology comparisons or analyses.

8. All documents concerning any and all products, tools, or software created, marketed, or patented for, on behalf of, or in conjunction with SCO and/or Canopy, including but not limited to all source code comparison tools or products (including but not limited to the product known as IPx).

9. All code (in source and executable form) for any and all products, tools or software created, marketed, or patented for, on behalf of, or in conjunction with SCO and/or Canopy, including but not limited to all source code comparison tools or products (including but not limited to the product known as IPx).

It looks like Frank nailed it.

They mention something called IPx, and so this link (http://www.concentricequity.com/team.html), now only available in Google cache, is of interest, because it says this about the CEO of PointServe:

Dr. Powell is a co-founder of several technology companies including PointServe, IntraMicron and IPX. He is a general partner of Auburn Ventures, LLC, a venture capital firm specializing in University technology transfer. Prior to this, he was a member of the technical staff at the Massachusetts Institute of Technology's Lincoln Laboratory.

PointServe, as we told you then, is a company that had the honor to have Darl McBride as CEO prior to his stint at Franlin Covey, and it currently has the honor to have Mike Anderer, McBride's old friend, on the board. This software partner page lists Microsoft, Oracle, and Sun.

Anderer is the fellow who approached Microsoft for money on SCO's behalf, leading to the BayStar investment, and then his memo complaining about not getting his fair share ended up leaked to Eric Raymond, after which he told the world that Microsoft's strategy against Linux would be to sue and sue over patents.

Here's what the IBM subpoena tells PointServe to provide to IBM, and note numbers 5 and 6 specifically ask about Microsoft. Number 1 seems to be seeking information on any advice or analysis PointServe may have provided above and beyond just software code analysis, and -- this part is just a guess -- I'm thinking IBM might be looking for something that indicates PointServe told SCO it is on thin ice, maybe, which might explain the MIT guys disappearing into thin air after all the public boasting was over and it was time to show the proof. It also might explain all the SCO doubletalk about software comparison tools not being up to the job and 25,000 man years being needed instead:

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

ATTACHMENT A TO SUBPOENA TO POINTSERVE, 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 and all communications with SCO and/or Canopy.

3. All documents concerning any and all meetings with SCO and/or Canopy,

4. All documents concerning any and all agreements or understandings (written or oral) with or relating to SCO and/or Canopy.

5. All documents concerning any and all communications with Microsoft Corp. ("Microsoft") regarding Unix, Linux, SCO and/or Canopy.

6. All documents concerning any and all meetings involving Microsoft regarding Unix, Linux, SCO and/or Canopy.

7. All documents concerning any and all services performed for, on behalf of, or in conjunction with SCO and/or Canopy, including but not limited to any and all source code or technology comparisons or analyses.

8. All documents concerning any and all products, tools, or software created, marketed, or patented for, on behalf of, or in conjunction with SCO and/or Canopy, including but not limited to all source code comparison tools or products (including but not limited to the product known as IPx).

9. All code (in source and executable form) for any and all products, tools or software created, marketed, or patented for, on behalf of, or in conjunction with SCO and/or Canopy, including but not limited to all source code comparison tools or products (including but not limited to the product known as IPx).


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