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IBM Sets 5 More Depositions: including Goldfarb, Lemon, Bawa
Thursday, March 09 2006 @ 10:37 PM EST

IBM's discovery keeps rolling on, and now they have set five more depositions, with Opinder Bawa (served at a hotel in Boston, MA), Larry Goldfarb of BayStar, Kimble L. Jenkins of Morgan Stanley, Scott Lemon, and Drew A. Spencer.

There's more activity on Pacer to take note of also, and I'll make the PDFs available as I show you the Pacer notations. The overview is that the IBM tank continues to move forward. Let's review who these folks are.

Scott Lemon used to work for SCO, as I am sure you remember. He sort of had Gupta's job, although he was called chief technologist when he was given the job in 2004, until he left SCO a little more than a year later. In 2003, he was on the management team of Vultus, which SCO acquired and then wrote off. You can find him blogging rather snarkily on being subpoenaed here (Wednesday, March 8), and I think his account helps you to quickly discern where his heart is ("My question was 'How much do I get paid for my time?'"). Here he is posting from work in September 2003 to Silicon Investor.

Spencer used to be CTO of SCO Group back when it was Caldera and headed by Ransom Love and around the time that Caldera made the Santa Cruz deal, so he has seen plenty.

Bawa was Senior Vice President, Engineering and Global Services for Caldera, then SCO until he left very early in the SCO saga. He's the guy who wrote an article, "How to Integrate Linux with Unix," while working for SCO in which he wrote the following about SCO's ABI files and shared libraries:

"Because of their common roots, Unix applications port with relative ease to Linux. It's also possible to run Unix applications directly on a Linux platform without porting. This is accomplished using the linux-abi facility, which is included with most Linux distributions today. Linux-abi enables the Linux kernel to execute a range of x86 binary types. The Linux kernel that has linux-abi enabled will require loadable modules built for it. The linux-abi source can be downloaded from Sourceforge.net at http://linux-abi.sourceforge.net or www.pcunix.com/Linux/linuxabi.html. Unix binaries that don't use shared libraries may run without any further support, but for some executables, it's necessary to obtain shared runtime libraries from the Unix vendor. Many modern Unix vendors will offer these for use on the Linux operating system for a modest fee. Remember, always check to see if the code you are using is licensed. If it is, comply with the license."

Poof. There goes SCO's theory that no one was allowed to even look at these super secret materials.

Of course, you remember BayStar's Larry "I would not have known about the existence of SCO, but for the introduction by Microsoft" Goldfarb.

As for Mr. Jenkins, it appears IBM has found some interesting topics in Morgan Stanley's documents they'd like to ask about in more detail. He was the one who signed the agreement with SCO on behalf of Morgan Keegan, after all, being the Managing Director.

The rest of the Pacer activity has to do with SCO asking for leave to write a long opposition memorandum to IBM's motion to dump overboard most of SCO's list of allegedly misused material, and a joint submission by the parties to seal some confidential materials, namely Houlihan valuation materials. Here's what's on Pacer :

639 - Filed: 03/07/2006
Entered: 03/08/2006
Terminated: 03/08/2006
Motion for Leave to File Excess Pages Docket Text: MOTION for Leave to File Excess Pages filed by Plaintiff SCO Group. (blk, )

640 - Filed & Entered: 03/08/2006
Order on Motion for Leave to File Excess Pages
Docket Text: ORDER granting [639] Motion for Leave to File Excess Pages . Signed by Judge Dale A. Kimball on 3/8/06. (blk, )

641 - Filed & Entered: 03/09/2006
Motion to Seal
Docket Text: Stipulated MOTION to Seal Confidential Documents re [631] Notice (Other), Notice (Other) filed by Defendant International Business Machines Corporation. (Attachments: # (1) Text of Proposed Order)(Shaughnessy, Todd)

642 - Filed & Entered: 03/09/2006
Notice (Other)
Docket Text: NOTICE of Issuance of Subpoenas by International Business Machines Corporation (Attachments: # (1) Exhibit A # (2) Exhibit B # (3) Exhibit C # (4) Exhibit D # (5) Exhibit E)(Wheatley, Nathan)

As far as the Houlihan materials are concerned, since it's a joint request, the judge is pretty certain to so order, so I've taken down the materials. If he by any chance doesn't sign the order, I'll replace them.


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