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SCO and IBM Agree on Something: Unsealing Documents
Monday, June 20 2005 @ 02:06 PM EDT

The parties in SCO v. IBM have finally actually agreed on something. That seemed worth a headline in and of itself. They've reached an agreement on what documents to unseal, and there are a lot of them. Here's SCO's Notice of Unsealing [PDF]. An easy way to figure out what the documents are is to go to our IBM Timeline page and match the docket numbers and dates.

Among the documents that will be unsealed are Exhibits S1, S2, S3, S5 and S7 to the Declaration of Jeremy Evans, which we just wrote about over the weekend. Note that there have been several Declarations by Mr. Evans, so you have to note the dates filed to distinguish them. For example, there is on SCO's list a Declaration by Jeremy Evans dated October of 2004 that will be unsealed, along with Exhibit 10, but that isn't the same as the December 2004 Declaration that had the soon-to-be unsealed or redacted exhibits attached. If you go to our IBM Timeline page and search for the word Evans, you'll see what I mean. I think the one that will be unsealed is this one:

[317-1] -- 04-Oct-04 -- SEALED Declaration of Jermey O. Evans Re: [316-1] brief reply

The one that had the exhibits soon to be unsealed is this one:

[348-1] -- 01-Dec-04 -- Declaration of Jeremy O. Evans Re: [346-1] Memo in Opposition to IBM's Motion for Summary Jgm on Breach of Contract Claims (Portions filed under seal)

There will be a redacted version of S8 made available. Only two exhibits will remain totally sealed, S4 -- Agreement for Licensing of AIX Source Code and Related Products between Argus Systems Group, Inc. and IBM Corp. and S6 -- IBM/Supplier Technical Services Agreement between IBM Corp. and CETIA.

SCO's Memorandum in Opposition to IBM's Motion for Summary Judgment on SCO's Breach of Contract Claims, the motion the Exhibits supported, will also be unsealed, this one:

[346-1] -- 30-Nov-04 -- SEALED DOCUMENT entitled: Memorandum in Opposition to IBM's Motion for Summary Jgm on SCO's Breach of Contract Claims

And this Jeremy Evans Declaration will also be unsealed:

[288-1] -- 19-Aug-04 -- SEALED DOCUMENT filed by SCO entitled: Declaration of Jeremy O. Evans in Support of Pla/Cntlclmdft SCO's Supplemental Memorandum Regarding Discovery

A lot of the documents regarding the Palmisano deposition will be made available, as well as some of the Sandeep Gutpa materials regarding IBM's Tenth Counterclaim, the noninfringement counterclaim. No doubt the parties will fight some more about unsealing, and in fact one of the documents to be unsealed is docket number 432, SCO's Objections to IBM's Privilege Log, but just having all that they've agreed to so far is wonderful, and I look forward to reading them a lot.


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