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IBM's Greatest Hits: The Summary Judgment Exhibits - Final List
Saturday, October 14 2006 @ 02:21 PM EDT

Here at last is our final text version of the Declaration of Todd M. Shaughnessy with Unsealed or Redacted Exhibits [PDF]. An earlier version appeared here as we worked on it. I call it IBM's Greatest Hits, but it's Groklaw's Magnum Opus too, for sure. And now for the text. sigh. Thank you all for all the corrections, most particularly to feldegast, who was tireless in checking for broken links.

You will notice that Erwan took the time to make the list more visually attractive and thus easier to use, as well as more like the PDF, so I'm giving it its own page. This is the version to link to and bookmark, I'd think, but I'll leave our first version as a memorial to the incredible effort. Thank you, Erwan. This is beautiful.

As you see, he's removed the lines through the sealed exhibits and instead given them a background color so they are simple to spot and move past, but also readable. If by any chance you can't see the color, don't worry. You are then seeing how it looks in the original PDF, so you are only missing an addition visual aid. The judge doesn't need that, because he received this as a DVD, with clickable links. If copyright law worked differently, I'd gladly have done the same for you, but it is what it is.

The only other changes are that with articles in the media, we had already searched for links to locations on the Internet where you can find the articles, and I preserved that here, and in some cases we link to documents already provided on Groklaw instead of linking to the new PDF of the same thing, and we skipped pagination, since the numbering makes it unnecessary and it's extra work. There are likely still fine tuning issues to fix. This was a massive project, and now comes the fun of reading it all and understanding it.

[Update: There is an annotated chart, with links to the motions they support and text versions, where available, here.]

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

SNELL & WILMER LLP
Alan L. Sullivan (3152)
Todd M. Shaughnessy (6651)
Amy F. Sorenson (8947) [address, phone, fax]

CRAVATH, SWAINE & MOORE LLP
Evan R. Chesler (admitted pro hac vice)
David R. Marriott (7572)
[address, phone, fax]

Attorneys for Defendant/Counterclaim-Plaintiff
International Business Machines Corporation

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF UTAH, CENTRAL DIVISION

THE SCO GROUP, INC.,

Plaintiff/Counterclaim-Defendant,

v.

INTERNATIONAL BUSINESS MACHINES
CORPORATION,

Defendant/Counterclaim-Plaintiff.

DECLARATION OF TODD M.
SHAUGHNESSY WITH
UNSEALED OR REDACTED EXHIBITS


Civl No. 2:03CV-0294 DAK

Honorable Dale A. Kimball

Magistrate Judge Brooke C. Wells

I Todd M. Shaughnessy, declare as follows:

1. I represent IBM in the lawsuit brought by SCO against IBM, titled The SCO Group, Inc. v. International Business Machines Corporation, Civil No. 2:03CV-0294 DAK (D. Utah 2003).

2. This declaration is submitted in support of Defendant/Counterclaim-Plaintiff IBM's various motions for summary judgment. Unless stated otherwise, it is based on personal knowledge.

3. Included on the DVD, submitted herewith, are true and correct copies of the following documents, which can be accessed by clicking on the appropriate link:

Exhibit NumberDescription of Document
1 SCO's original Complaint, dated March 6, 2003
2 SCO's Amended Complaint, dated July 22, 2003
3 SCO's Second Amended Complaint, dated February 27, 2004
4 IBM's Second Amended Counterclaims, dated March 29, 2004
5 SCO's Answer to IBM's Second Amended Counterclaims, dated April 23, 2004
6 IBM's Answer to the Amended Complaint and Counterclaim-Plaintiff IBM's Counterclaims Against SCO, dated August 6, 2003
7 SCO's Amended Answer to IBM's Amended Counterclaims, dated March 11, 2004
8 Complaint in Red Hat, Inc. v. The SCO Group, Inc., Civ. A. No. 03-772 (D. Del.), dated March 3, 2004
9 Complaint in The SCO Group, Inc. v. AutoZone, Inc., Case no. CV-S-04-0237 (D. Nev.), dated March 2, 2004
10 SCO's Proposed Third Amended Complaint
11 IBM's First Set of Interrogatories and First Request for the Production of Documents, dated June 13, 2003
12 IBM's Second Set of Interrogatories and Second Request for the Production of Documents, dated September 16, 2003
13 IBM's Third Set of Interrogatories and Third Request for Production of Documents, dated October 29, 2003
14 IBM's Fourth Set of Interrogatories and Fourth Request for Production of Documents, dated March 29, 2004
15 IBM's Fifth Request for Production of Documents, dated May 14, 2004
16 IBM's Fifth Set of Interrogatories, dated July 30, 2004
17 IBM's Sixth Set of Interrogatories and Sixth Request for Production of Documents, dated January 11, 2005
18 IBM's Seventh Request for the Production of Documents, dated September 2, 2005
19 IBM's Seventh Set of Interrogatories, dated February 14, 2006
20 Defendant/Counterclaim-Plaintiff IBM's Notice of 30(b)(6) Deposition, dated September 2, 2005
21 Document titled "IBM Linux Update", dated September 23, 1999 and bearing Bates numbers 1710091325-37
22 Article by Stephen Shakland, titled "Itanium: A cautionary tale", from CNET News.com, dated December 8, 2005
23 Document titled "IBM-SCO Family Unix Technical Proposal", dated September 2, 1998 and bearing Bates numbers SCO1310620-37 (Under Seal)
24 Document titled "Options for Distribution and Royalty Flow-Draft 1", bearing Bates numbers 1710141628-29 (Under Seal)
25 Document titled "genus: An IBM/SCO UNIX Project Marketing Development Plan", bearing Bates numbers SCO1233395-407
26 Article by Brian Pereira, titled "McKinley is the one to watch" from Network Magazine India, dated March 2002
27 Article by Paul Barker, titled "New HP-Intel pact could hit PC clones hard", from Computing Canada, dated July 6, 1994
28 Article by Michael Kanellos, titled "Is Merced doomed?", from CNET News.com, dated January 2, 2002
29 Article titled "Intel moves to shore up Itanium support", from itworld.com, dated February 22, 2001
30 Article titled "What's Wrong with Merced", from Microprocessor Report, dated August 3, 1998
31 SCO's Responses to IBM's First Set of Interrogatories and First Request for the Production of Documents, dated August 4, 2003
32 SCO's Supplemental Response to Defendant's First Set of Interrogatories, dated October 23, 2003
33 SCO's Revised Supplemental Response to IBM's First and Second Set of Interrogatories, dated January 15, 2004
34 SCO's Supplemental Response to IBM's Second Set of Interrogatories and Second Request for the Production of Documents, dated October 23, 2003
35 SCO's Response to IBM's Third Set of Interrogatories and Third Request for the Production of Documents, dated October 28, 2003
36 SCO's Response to IBM's Third Set of Interrogatories, dated April 19, 2004
37 SCO's Responses to IBM's Fourth Set of Interrogatories, dated May 28, 2004 (Under Seal)
38 SCO's Amended Responses to IBM's Fourth Set of Interrogatories, dated June 25, 2004 (Under Seal)
39 SCO's Responses to IBM's Fifth Set of Interrogatories, dated September 8, 2004
40 SCO's Response to IBM's Fifth Request for Production of Documents, dated June 14, 2004
41 SCO's Response to IBM's Sixth Set of Interrogatories and Request for the Production of Documents, dated March 2, 2005
42 SCO's Response to IBM's Seventh Request for the Production of Documents, dated October 11, 2005
43 SCO's Second Revised Supplemental Response to IBM's Sixth Set of Interrogatories, dated December 22, 2005 (Under Seal)
44 SCO's Response to IBM's Seventh Set of Interrogatories, dated April 7, 2006
45 SCO's Objections and Responses to Part of IBM's Second Set of Requests for Admission, dated February 28, 2006
46 SCO's Supplemental Response to Interrogatory No. 8, dated January 13, 2006
47 Letter from Edward Normand to Amy Sorenson, dated September 26, 2005
48 Web page titled "Support Services", available at http://www.sco.com/support/download.html
49 Document titled "Revenue Information for Select Customers for the Period of FY 1999-FY 2005", marked as Exhibit No. 1023 to the December 2, 2005 Deposition of Darl McBride (Under Seal)
50 Invoice for the period of 1996-1998, marked as Exhibit No. 1024 to the December 2, 2005 Deposition of Darl McBride (Under Seal)
51 Document titled "Persons or Entities Whose Relationship with SCO IBM Is Alleged to Have Interfered with, Such that SCO Was Damaged, that Are the Subject of SCO's Claims against IBM - Identified by Mr. McBride at Deposition", marked as Exhibit No. 1035 to the December 2, 2005 Deposition of Darl McBride
52 Letter from Todd M. Shaughnessy to Edward Normand, dated December 5, 2005
53 SCO's Interim Disclosure of Materials Allegedly Misused by IBM, dated October 28, 2005 (Under Seal)
54 SCO's Disclosure of Materials Allegedly Misused by IBM, dated December 22, 2005 (Under Seal)
55 Hon. Brooke C. Wells' Order Granting IBM's Motions to Compel Discovery and Requests for Production or Documents, dated December 12, 2003
56 Hon. Brooke C. Wells' Order Regarding SCO's Motion to Compel Discovery and IBM's Motion to Compel Discovery, dated March 3, 2004
57 Hon. Dale A. Kimball's Memorandum Decision Order, dated February 8, 2005
58 Hon. Dale A. Kimball's Order, dated July 1, 2005
59 Hon. Brooke C. Wells' Order Granting in Part IBM's Motion to Limit SCO's Claims, dated June 28, 2006
60 Letter from Edward Normand to Todd M. Shaughnessy, dated December 8, 2005
61 Exhibit 90 to the December 16, 2005 deposition of Ryan Tibbitts
62 IBM's Memorandum in Support of its First Motion to Compel Discovery, dated October 1, 2003
63 IBM's Memorandum in Support of its Second Motion to Compel Discovery, dated November 6, 2003
64 SCO's Memorandum in Opposition to IBM's Motion for Summary Judgment on IBM's Tenth Counterclaim for Declaratory Judgment of Non-Infringement, dated July 8, 2004
65 IBM's Memorandum in Support of Its Cross-Motion for Partial Summary Judgment on Its Claim for Declaratory Judgment of Non-Infringement, dated May 18, 2004
66 IBM's Memorandum in Support of its Motion to Limit SCO's Claims Relating to Allegedly Misused Materials, dated February 13, 2006
67 IBM's Memorandum in Support of its Motion to Confine SCO's Claims to, and Strike Allegations in Excess of, the Final Disclosures, dated June 8, 2006
68 SCO's Memorandum in Opposition to IBM's Motion to Limit SCO's Claims Relating to Allegedly Misused Material, dated March 1, 2006 (Under Seal)
69 SCO's Memorandum in Opposition to IBM's Motion for Partial Summary Judgment on Its Counterclaim for Copyright Infringement (Eighth Counterclaim), dated November 30, 2004
70 Declaration of Todd M. Shaughnessy, dated September 22, 2006
71 Email from Sean Wilson to Reg Broughton regarding "Oracle 9i cert", bearing Bates number SCO1493122 (Under Seal)
72 Email from Sean Wilson to execgroup@sco.com regarding "Oracle Discussion", bearing Bates number SCO1601652 (Under Seal)
73 U.S. Copyright Registration Statement No. TX 5-757-696, registering IBM's copyright to its work titled "Enterprise Volume Management System", dated August 15, 2003
74 U.S. Copyright Registration Statement No. TX 5-757-697, registering IBM's copyright to its work titled "Enterprise Class Event Logging", dated August 15, 2003
75 U.S. Copyright Registration Statement No. TX 5-757-698, registering IBM's copyright to its work titled "Dynamic Probes", dated August 15, 2003
76 U.S. Copyright Registration Statement No. TX 5-757-698, registering IBM's copyright to its work titled "Dynamic Probes", dated August 15, 2003
77 U.S. Copyright Registration Statement No. TX 5-757-700, registering IBM's copyright to its work titled "Omni Print Driver", dated August 15, 2003
78 U.S. Copyright Registration Statement No. TX 5-757-701, registering IBM's copyright to its work titled "Journaled File System", dated August 15, 2003
79 U.S. Copyright Registration Statement No. TX 5-757-702, registering IBM's copyright to its work titled "Next Generation Posix Threading", dated August 15, 2003
80 U.S. Copyright Registration Statement No. TX 5-856-466, registering IBM's copyright to its work titled "Linux Kernel Support for JFS", dated February 2, 2004
81 U.S. Copyright Registration Statement No. TX 5-856-467, registering IBM's copyright to its work titled "Linux Kernel S390 Support", dated February 2, 2004
82 U.S. Copyright Registration Statement No. TX 5-856-468, registering IBM's copyright to its work titled "Linux Kernel Support for Service Processor", dated February 2, 2004
83 U.S. Copyright Registration Statement No. TX 5-856-469, registering IBM's copyright to its work titled "Linux Kernel Support for Memory Expansion Technology", dated February 2, 2004
84 U.S. Copyright Registration Statement No. TX 5-856-470, registering IBM's copyright to its work titled "Linux Kernel Support for IBM eServer iService Device", dated February 2, 2004
85 U.S. Copyright Registration Statement No. TX 5-856-411, registering IBM's copyright to its work titled "Linux Kernel Support for PCI Hotplug", dated February 2, 2004
86 U.S. Copyright Registration Statement No. TX 5-856-472, registering IBM's copyright to its work titled "Linux Kernel Support for Series Hypervisor Terminal", dated February 2, 2004
87 U.S. Copyright Registration Statement No. TX 5-856-473, registering IBM's copyright to its work titled "Linux Kernel PPC64 Support", dated February 2, 2004
88 U.S. Copyright Registration Statement No. TX 5-856-474, registering IBM's copyright to its work titled "Linux Kernel Support for Mwave Modem", dated February 2, 2004
89 IBM's copyrighted work titled "Enterprise Volume Management System"
90 Excerpts from IBM's copyrighted work titled "Enterprise Class Event Logging"
91 Excerpts from IBM's copyrighted work titled "Dynamic Probes"
92 IBM's copyrighted work titled, "Linux Support Power PC64"
93 Excerpts from IBM's copyrighted work titled "Omni Print Driver"
94 IBM's copyrighted work titled "Journaled File System"
95 IBM's copyrighted work titled "Next Generation Posix Threading"
96 IBM's copyrighted work titled "Linux Kernel Support for JFS"
97 IBM's copyrighted work titled "Linux Kernel S390 Support"
98 IBM's copyrighted work titled "Linux Kernel Support for Service Processor"
99 IBM's copyrighted work titled "Linux Kernel Support for Memory Expansion Technology"
100 IBM's copyrighted work titled "Linux Kernel Support for IBM eServer iService Device"
101 IBM's copyrighted work titled "Linux Kernel Support for PCI Hotplug"
102 IBM's copyrighted work titled "Linux Kernel Support for pSeries Hypervisor Terminal"
103 IBM's copyrighted work titled "Linux Kernel PPC64 Support"
104 IBM's copyrighted work titled "Linux Kernel Support for Mwave Modem"
105 Form 10-K/A, filed by Caldera Systems, Inc. for the fiscal year ended October 31, 2000
106 Form 10-K, filed by Caldera International, Inc. for the fiscal year ended October 31, 2002
107 Form 10-K, filed by Caldera Systems, Inc. for the fiscal year ended October 31, 2000
108 Form 10-K, filed by Novell, Inc. for the fiscal year ended October 30, 1993
109 Form 10-K, filed by The Santa Cruz Operation, Inc. for the fiscal year ended September 30, 1996
110 Form 424b, filed by Caldera Systems, Inc., dated March 20, 2000
111 Form 10-K, filed by Caldera International, Inc. for the fiscal year ended October 31, 2001
112 Form 8-K, filed by Caldera International, Inc., dated May 14, 2003
113 Form 10-K, filed by SCO for the fiscal year ended October 31, 2003
114 Form 10-K/A (Amendment No. 1) filed by The Santa Cruz Operation, Inc., for the fiscal year ended September 30, 2000
115 Form 10-K filed by The Santa Cruz Operation, Inc., for fiscal year ended September 30, 1999
116 Email from Sean Wilson to deanr@sco.com and Troy McNamara regarding "Oracle Future for SCO UNIXes", dated June 19, 2003 and bearing Bates Numbers SCO1493226-32 (Under Seal)
117 Email with attachment from Sean Wilson to Gerrald Smith regarding "ISV Certifications", dated August 13, 2004, and bearing Bates numbers SCO1493383-427 (Under Seal)
118 Transcript of the October 15, 2003 Deposition of Rick Becker (Under Seal)
119 Software Agreement (Number SOFT-000321) between AT&T Technologies and Sequent Computer Systems, Inc, ("Sequent"), dated April 18, 1985
120 Sublicensing Agreement (Number SUB-00015A) between AT&T Technologies and IBM, dated February 1, 1985
121 Sublicensing Agreement (Number SUB-000321A) between AT&T Technologies and Sequent, dated January 28, 1986
122 Letter agreement Re: Software Agreement Number SOFT-00015, Sublicensing Agreement Number SUB-0015A and Substitution Agreement Number XFER-00015B, between AT&T Technologies and IBM, dated February 1, 1985
123 Asset Purchase Agreement between Novell, Inc. and The Santa Cruz Operation, Inc., dated September 19, 1995
124 Amendment No. X, entered into by IBM, Novell, Inc. and The Santa Cruz Operation, Inc., dated October 17, 1996
125 Supplement No. 1 to the Software Agreement between AT&T Technologies and IBM
126 Supplement No. 2 to the Software Agreement between AT&T Technologies and Sequent, dated January 28, 1986
127 Software Agreement (Number SOFT-000302) between AT&T Information Systems, Inc. and The Santa Cruz Operation, Inc., dated May 6, 1987
128 GNU General Public License
129 GNU Lesser General Public License
130 April 1985 edition of AT&T $ echo newsletter
131 August 1985 edition of AT&T $ echo newsletter
132 Letter from Brent O. Hatch to Todd M. Shaughnessy, dated April 19, 2004 (Redacted)
133 Letter from Todd M. Shaughnessy to Brent O. Hatch, dated January 30, 2004
134 Letter from Mark J. Heise to David R. Mariott, dated February 4, 2004
135 Letter from Joseph A. La Sala, Jr. to Ryan E. Tibbitts, dated October 7, 2003
136 Letter from Joseph A. La Sala, Jr. to Ryan E. Tibbitts and Ronald A. Lauderdale, dated October 10, 2003
137 Letter from Joseph A. La Sala, Jr. to Ryan E. Tibbitts, dated February 6, 2004
138 Letter from Joseph A. La Sala, Jr. to Ryan E, Tibbitts and Ronald A. Lauderdale, dated February 11, 2004
139 Letter from Jack L. Messman to Darl McBride, dated June 9, 2003
140 Letter from Jack L. Messman to Darl McBride and Ronald A. Lauderdale dated June 12, 2003
141 Letter from Darl McBride to Lucio A. Noto, dated May 12, 2003
142 Form letter from Ryan E. Tibbitts to "Linux User", dated December 19, 2003
143 Letter Agreement between Novell, Inc. and IBM, dated October 16, 1996
144 Letter from Mark J. Heise to David R. Mariott, dated February 4, 2004
145 Letter from Brent O. Hatch to Hon. Dale A. Kimball, dated June 10, 2004
146 Letter from Jack R. Blumenfeld to Hon. Sue L. Robinson, dated June 17, 2004
147 Letter from Darl McBride to Members of Congress, dated January 8, 2004 [text]
148 Letter from Darl McBride to Lucio A. Noto, dated May 12, 2003
149 Declaration and Expert Report of Timothy F. Bresnahan, dated July 17, 2006 (Under Seal)
150 Letter from Gregory Pettit to Richard Fuld, dated January 16, 2004 and bearing Bates number SCO1448018
151 Letter from Todd M. Shaughnessy to Edward Normand, dated December 5, 2005
152 Letter from Bill Broderick to Brian Mosley, dated March 8, 2005
153 Letter from Darl McBride to Sam Palmisano, dated March 6, 2003
154 Letter from Darl McBride to the Legal Department of Sequent, dated May 29, 2003
155 Letter from Chris Sontag to the Legal Department of Sequent, dated August 11, 2003
156 Letter from Ronald A. Lauderdale to Darl McBride, dated May 5, 2003
157 Letter from Darl McBride to Sam Palmisano, dated June 12, 2003
158 Letter from Ronald A. Lauderdale to Darl McBride, dated June 13, 2003
159 Letter from Ronald A. Lauderdale to Darl McBride, dated August 14, 2003
160 Declaration of Allison Amadia, dated June 9, 2003
161 Declaration of Mike Anderson, dated September 13, 2006
162 Declaration of Barry Arndt, dated September 14, 2006
163 Declaration of Allison Amadia, dated September 23, 2006
164 Transcript of the January 24, 2006 Deposition of Karen L. Smith (Under Seal)
165 Declaration of Lawrence R. Goldfarb, dated September 13, 2006 (Redacted)
166 Declaration of Douglas B. Beattie, dated September 20, 2006
167 Declaration of Kathleen Bennett, including a copy of the files downloaded from SCO's Internet website on January 9, 2004, dated August 16, 2004
168 Declaration of Steve Best, dated September 10, 2006
169 Declaration of Tim Bird, dated September 18, 2006
170 Web page titled "The SCO-HP Relationship", available at www.sco.com/hp/relationship.html
171 Expert Report and Declaration of Christine A. Botosan, dated May 19, 2006 (Under Seal)
172 Declaration of Lawrence A. Bouffard, dated November 10, 2003
173 Declaration of Wayne Boyer, dated September 11 , 2006
174 Declaration of Robert F. Bucco, dated August 23, 2003
175 Expert Report and Declaration of Thomas Cargill, dated May 19, 2006 (Under Seal)
176 Declaration of Marc Christensen, dated September 19, 2006
177 Declaration of Samuel Greenblatt, dated February 7, 2005
178 Declaration of Thomas L. Cronan III, dated July 29, 2004
179 Declaration of Randall Davis, dated August 13, 2004
180 Declaration of Randall Davis, dated August 23, 2004
181 Expert Report and Declaration of Randall Davis, dated July 17, 2006 (Under Seal)
182 Declaration of Michael J. DeFazio, dated October 3, 2003
183 Declaration of Michael J. DeFazio, dated September 21, 2006
184 Declaration of Ulrich Drepper, dated September 19, 2006
185 Declaration of Jeanette Tilley, dated July 21, 2004
186 Expert Report and Declaration of Jonathan Eunice, dated July 17, 2006 (Under Seal)
187 SCO's Responses and Objections to IBM's First Set of Requests for Admission, dated January 25, 2006
188 Declaration of Ruth Forester, dated September 19, 2006
189 Declaration of David W. Frasure, dated October 7, 2003
190 Declaration of David W. Frasure, dated March 28, 2004
191 Declaration of David Frasure, dated September 21, 2006
192 Web page titled "SCO Forum 2006", available at http://www.sco.com/2006forum/sponsors.html
193 Declaration of Jim Freeman, dated September 21, 2006
194 Declaration of Daniel Frye, dated May 18, 2004
195 Declaration of Daniel Frye, dated September 26, 2005
196 Declaration of John George, dated September 12, 2006
197 Expert Report of Gary Pisano, dated May 19, 2006 (Under Seal)
198 Declaration of Charlton Greene, dated October 5, 2003
199 Memorandum in Support of Novell, Inc.'s Motion to Dismiss in The SCO Group Inc. v. Novell Inc., Case No. 2:04CV00139 (D. Utah), dated February 9, 2004
200 Declaration of Geoffrey D. Green, dated June 17, 2004
201 Declaration of David Groethe, dated September 22, 2006
202 Declaration of Sandeep Gupta, dated July 9, 2004
203 Email from Kim Jenkins to bbench@sco.com and molson@sco.com, regarding "SCO-Battery 1.3ppt - Better Version", dated October 11, 2002 and bearing Bates number SCO1592478 (Under Seal)
204 Declaration of Luann Guleserian, dated June 27, 2005
205 Declaration of Karen Smith, dated September 21, 2006
206 Declaration of Venkata Jagana, dated September 21, 2006
207 Declaration of Dion L. Johnson II, dated September 15, 2006
208 Expert Report and Declaration of Frans Kaashoek, dated July 14, 2006 (Under Seal)
209 Letter from Curtis J. Drake to Edward J. Normand, dated November 30, 1995
210 Declaration of Vivek Kashyap, dated September 19, 2006
211 Declaration of Jim Keniston, dated September 12, 2006
212 Declaration of Brian W. Kernighan, dated August 20, 2004 (Redacted)
213 Expert Report and Declaration of Brian W. Kernighan, dated May 18, 2006 (Under Seal)
214 Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated July 17, 2006 (Under Seal)
215 Reply Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated August 28, 2006 (Under Seal)
216 Declaration of Larry Kessler, dated September 13, 2006
217 Declaration of Ira Kistenberg, dated June 24, 2004
218 Declaration of David Kleikamp, dated September 11, 2006
219 Software License Agreement (Agreement # 125115) between Sun Microsystems, Inc. and The SCO Group, dated February 25, 2003 and bearing Bates numbers SCO1607394-405 (Under Seal)
220 Letter from Ronald A. Lauderdale to Kimberlee A. Madsen, dated June 19, 2001 and bearing Bates number 1110073906 (Under Seal)
221 Declaration of Ransom Love, dated September 15, 2006 (Redacted)
222 Declaration of Shirley Ma, dated September 14, 2006
223 Declaration of Mark Magee, dated August 22, 2003
224 Declaration of Robert A. Marsh, dated April 5, 2006
225 Declaration of Michael Mason, dated September 12, 2006
226 Declaration of David Mazieres, dated September 23, 2006
227 Declaration of David McCrabb, dated September 18, 2006
228 Declaration of Richard A. McDonough III, dated April 30, 2004
229 Transcript of the January 26, 2006 Deposition of Bill Sandve (Under Seal)
230 Declaration of M. Douglas McIlroy, dated September 19, 2006
231 Declaration of Paul McKenney, dated September 11, 2006
232 Declaration of Marcus Meissner, dated September 19, 2006
233 Declaration of Jeffrey W. Mobley, dated July 26, 2004
234 Expert Report and Declaration of Andrew K. Morton, dated July 14, 2006 (Under Seal)
235 Declaration of Haren Babu Myneni, dated September 14, 2006
236 Declaration of Scott Nelson, dated August 4, 2004
237 Declaration of Hien Nguyen, dated September 11, 2006
238 Declaration of K. Y. Srinivasan, dated September 22, 2006
239 Declaration of Greg Jones, dated September 21, 2006
240 Declaration of Joseph A. La Sala, Jr., dated September 22, 2006
241 Declaration of Monica Kumar, dated March 18, 2005
242 Declaration of Gregory Page, dated September 20, 2006
243 Declaration of Mark Peloquin, dated September 19, 2006
244 Letter from Kimberlee A. Madsen to Ronald A. Lauderdale, dated June 6, 2001 and bearing Bates numbers 171037001-03 (Under Seal)
245 Joint Development Agreement (Agreement Number 4998CR0349) between SCO and IBM, dated October 26, 1998 and bearing Bates numbers 1710141456-509
246 Declaration of Hal Porter, dated September 12, 2006
247 SCO press release titled "SCO Announces Immediate Termination of IBM's Right to Use and Distribute AIX Software and Files for Permanent Injunction", dated June 16, 2003
248 Declaration of Ben Rafanello, dated September 12, 2006
249 Declaration of Edward J. Riddle, dated December 19, 2003
250 Declaration of Edward J. Riddle, dated September 21, 2006
251 Declaration of Calvin Gaisford, dated September 22, 2006
252 Declaration of David P. Rodgers, dated November 5, 2003
253 Declaration of Thomas Roehr, dated August 30, 2003
254 Declaration of Steven M. Sabbath, dated December 22, 2003
255 Declaration of Peter H. Salus, dated September 15, 2006
256 Declaration of William Sandve, Jr., dated June 5, 2003
257 Declaration of William Sandve, Jr., dated September 22, 2006 (Under Seal)
258 Declaration of Dipankar Sarma, dated September 13, 2006
259 Expert Report of Jeffery Leitzinger, dated May 19, 2006 (Under Seal)
260 Transcript of the January 13, 2005 Deposition of Michael DeFazio (Under Seal)
261 Transcript of the January 24, 2005 Deposition of Martin Pfeffer (Under Seal)
262 Whitepaper submitted by Caldera International, titled "A Technical Introduction to the Caldera Network Desktop", bearing Bates numbers SCO1269181-191
263 Declaration of Nivedita Singhvi, dated September 14, 2006
264 Declaration of Chris Sontag, dated April 19, 2004
265 Article by Mike Linksvayer, titled "The Choice of a GNU Generation An Interview With Linus Torvalds" from Meta Magazine, dated November 1993
266 Declaration of Roger Swanson, dated July 28, 2004
267 Declaration of John H. Terpstra, dated March 8, 2006
268 Transcript of the December 2, 2005 Deposition of Paul E. McKenney (Under Seal)
269 Declaration of Joan Thomas, dated June 23, 2004
270 Declaration of Joan Thomas, dated August 4, 2004
271 Declaration of Jeanette L. Tilley, dated September 21, 2006
272 Declaration of Linus Torvalds, dated September 21, 2006
273 U.S. Patent No. 6,460,070
274 Declaration of Jay Vosburgh, dated September 28, 2006
275 Declaration of Stephen D. Vuksanovich, dated August 9, 2004
276 Declaration of Stephen D, Vuksanovich, dated September 21, 2006
277 U.S. Patent No. 6,336,139
278 Declaration of Bart Whiteley, dated September 19, 2006
279 Declaration of Max B. Wicker, dated October 31, 2003
280 Declaration of Max B. Wicker, dated September 21, 2006
281 Declaration of Otis Wilson, dated December 11, 2003
282 Declaration of Otis Wilson, dated April 26, 2004
283 Expert Report and Declaration of Robert Willig, dated July 17, 2006 (Under Seal)
284 Declaration of Erik W. Hughes, dated November 30, 2004
285 Expert Report of Marc J. Rochkind, dated May 19, 2006 (Under Seal)
286 Expert Report of Evan Ivie, dated May 19, 2006 (Under Seal)
287 Rebuttal Report of Marc Rochkind, dated August 26, 2006 (Under Seal)
288 Expert Rebuttal Report of Evan Ivie, dated August 28, 2006 (Under Seal)
289 Expert Report of Christine A. Botosan, dated May 19, 2006 (Under Seal)
290 Declaration and Expert Report of Loren M. Hitt, dated July 17, 2006 (Under Seal)
291 Declaration of Ron Clark, dated September 23, 2006 (Under Seal)
292 Declaration or Martin Bligh, dated September 12, 2006
293 Declaration of Patricia Gaughen, dated September 18, 2006
294 U.S. Patent No. 5,872,951
295 Transcript of the June 10, 2004 Deposition of David P. Rodgers (Under Seal)
296 Transcript of the May 11, 2004 Deposition of Erik W. Hughes (Under Seal)
297 Transcript of the May 11, 2004 Deposition of William M. Broderick (Under Seal)
298 Transcript of the May 11, 2004 Deposition of Michael Olson (Under Seal)
299 Transcript of the May 11, 2004 Deposition of Andrew W. Nagle (Under Seal)
300 Transcript of the May 12, 2004 Deposition of Christopher Sontag (Under Seal)
301 Transcript of the June 10, 2004 Deposition of Otis L. Wilson
302 Transcript of the June 8, 2004 Deposition of David Frasure (Under Seal)
303 Transcript of the October 6, 2004 Deposition of Lawrence Gasparro (Under Seal)
304 Transcript of the October 7, 2004 Deposition of Gregory A. Pettit (Under Seal)
305 Transcript of the October 21, 2004 Deposition of Gregory S. Anderson (Under Seal)
306 Transcript of the October 26, 2006 Deposition of Robert Bench (Under Seal)
307 Transcript of the November 2, 2004 Deposition of John H. Terpstra (Under Seal)
308 Transcript of the November 5, 2004 Deposition of Philip E. Langer (Under Seal)
309 Transcript of the November 9, 2004 Deposition of Michael Eugene Anderer (Under Seal)
310 Transcript of the January 17, 2996 Deposition of Roger Swanson (Under Seal)
311 Transcript of the November 1, 2005 Deposition of Erik W. Hughes (Under Seal)
312 Transcript of the November 10, 2005 Deposition of Jeff Hunsaker (Under Seal)
313 Transcript of the November 16, 2005 Deposition of Chris Sontag (Under Seal)
314 Transcript of the November 11, 2005 Deposition of Craig Bushman (Under Seal)
315 Transcript of the November 30, 2005 Deposition of William Broderick (Under Seal)
316 Transcript of the November 30, 2005 Deposition of Reginald Broughton (Under Seal)
317 Transcript of the December 2, 2005 Deposition of Darl McBride (Under Seal)
318 Transcript of the December 5, 2005 Deposition of John Maciaszek (Under Seal)
319 Transcript of the December 16, 2005 Deposition of Ryan E. Tibbitts (Under Seal)
320 Transcript of the December 21, 2005 Deposition of Christopher Sontag (Under Seal)
321 Transcript of the February 27, 2006 Deposition of Jay F. Petersen (Under Seal)
322 Transcript of the February 28, 2006 Deposition of Jeffrey Hunsaker (Under Seal)
323 Transcript of the March 1, 2006 Deposition of Blake Stowell (Under Seal)
324 Transcript of the March 2, 2006 Deposition of Erik Hughes (Under Seal)
325 Transcript of the March 3, 2006 Deposition of Michael Paul Olson (Under Seal)
326 Transcript of the March 7, 2006 Deposition of Michael Sean Wilson (Under Seal)
327 Transcript of the March 9, 2006 Deposition of Ronald J. Record (Under Seal)
328 Transcript of the March 10, 2006 Deposition or William M. Broderick (Under Seal)
329 Transcript of December 16, 2005 Deposition of William Eugene Baker (Under Seal)
330 Transcript of the March 15, 2006 Deposition of Darl McBride (Under Seal)
331 Transcript of the March 16, 2006 Deposition of Mike Davidson (Under Seal)
332 Transcript of the March 16, 2006 Deposition of Christopher Sontag (Under Seal)
333 Transcript of the March 17, 2006 Deposition of Sandeep Gupta (Under Seal)
334 Transcript of the March 22, 2006 Deposition of Opinder S. Bawa (Under Seal)
335 Transcript of the March 22, 2006 Deposition of Michael Olson (Under Seal)
336 Transcript of the March 23, 2006 Deposition of William Broderick (Under Seal)
337 Transcript of the March 29, 2006 Deposition of Jeff Hunsaker (Under Seal)
338 Transcript of the March 29, 2006 Deposition of Andrew W. Nagle (Under Seal)
339 Transcript of the March 30, 2006 Deposition of Bert Young (Under Seal)
340 Transcript of the March 31, 2006 Deposition of Erik Hughes (Under Seal)
341 Transcript of the April 4, 2006 Deposition of Timothy Paul Negris (Under Seal)
342 Transcript of the April 6, 2006 Deposition of Sandeep Gupta (Under Seal)
343 Transcript of the April 19, 2006 Deposition of Christopher Sontag (Under Seal)
344 Transcript of the May 18, 2006 Deposition of Dave F. Prosser (Under Seal)
345 Transcript of the June 30, 2006 Deposition of Ryan Tibbits (Under Seal)
346 Transcript of the August 25, 2006 Deposition of Otis Wilson (Under Seal)
347 SCO press release titled "Caldera Systems to Acquire SCO Server Software and Professional Services Divisions, Providing World's Largest Linux/UNIX Channel", dated August 2, 2000
348 SCO press release titled "Caldera, Conectiva, SuSE, Turbolinux Partner to Create UnitedLinux, and Produce a Uniform Version of Linux for Business", dated May 30, 2002
349 SCO press release titled "SCO Unveils SCO Linux 4.0, Powered by UnitedLinux", dated November 19, 2002
350 SCO product announcement for OpenLinux Server Release 3.1.1, dated January 24, 2002 and bearing Bates numbers SCO1324397-404
351 SCO product announcement for OpenLinux Workstation Release 3.1.1, dated January 24, 2002 and bearing Bates numbers SCO1324405-12
352 SCO product announcement for SCO Linux Server 4.0, Powered by UnitedLinux, dated November 19, 2002 and bearing Bates numbers SCO127O429-36
353 SCO product announcement for SCO Linux Server 4.0 for the Itanium Processor Family, dated April 4, 2003 and bearing Bates numbers SCO1269792-97
354 U.S. Patent No. 6,263,359
355 SCO press release titled "The SCO Group Name Change Approved by Shareholders", dated May 20, 2003
356 SCO press release titled "SCO Suspends Distribution of Linux Pending Intellectual Property Clarification; Announces Greater Focus on UNIX and SCOx Strategy", dated may 14, 2003
357 SCO press release titled "SCO Registers UNIX Copyrights and Offers UNIX License", dated July 21, 2003
358 SCO press release titled "Statement Regarding Red Hat Lawsuit and Letters to Red Hat", dated August 4, 2003
359 SCO press release titled "The SCO Group's Open Letter to the Open Source Community", dated September 9, 2003
360 Article by Mike Angelo, titled "SCO's Chris Sontag Discusses the Details" from MozillaQuest, dated April 28, 2003
361 Article by Barbara Darrow, titled "CRN Interview: SCO's Darl McBride and Chris Sontag", from CRN, dated November 18, 2003
362 SCO press release titled "SCO Announces Intellectual Property License for Linux", dated August 5, 2003
363 SCO press release titled "SCO Announces New Initiatives to Enforce Intellectual Property Rights", dated December 22, 2003
364 Web page titled "Linux Kernel", available at http://www.thescogroup.com/developers/ community/contrib/linux.html
365 Web page titled "SCO Community Contributions", available at http://www.thescogroup.com/developers/community/contrib
366 Web page titled "SCOsource Licensing, available at http://www.sco.com/scosource
367 Article by Lisa M. Bowman, titled "SCO Puts Disputed Code in the Spotlight", from CNET News.com, dated August 18, 2003
368 Article by Antone Gonsalves, titled "SCO to Release Disputed Code this Week", from InternetWeek, dated June 2, 2003
369 Article by Lisa M. Bowman, titled "Linux Community Scoffs at SCO's Evidence", from The Globe and Mail, dated August 21, 2003
370 Article by Sam Williams, titled "SCO, Open Source and the World", from Salon.com, dated December 22, 2003
371 Article by Jed Boal, titled "Utah Software Company Suing IBM", from KSL.com, dated November 12, 2003
372 Article by Maureen O'Gara, titled "SCO Files for AIX Injunction Against IBM", from LinuxWorld.com, dated June 16, 2003
373 Article by Roger Parloff, titled "Gunning for Linux", from Fortune, dated May 17, 2004
374 Article by Maureen O'Gara, titled "SCO's Lawyer Speaks, Says Nothing", from LinuxWorld.com, dated March 21, 2003
375 Article by Holger Dambeck, titled "Linux Hunter SCO Puts Everything on the Line", from Spiegel Online, dated April 13, 2004
376 Document titled "The Single UNIX Specification History & Timeline", available at http://www.unix.org/Posters/download/unix_posterA3.pdf
377 Excerpts of timeline of Unix development, available at http://www.levenez.com/unix/unix_letter.pdf (linked from http://www.caldera.com/scosouce/)
378 Article by Robert McMillan, titled "SCO shows Linux code to analysts", from Computerworld.com, dated June 10, 2003
379 Article by James Maguire, titled "SCO Heats Up Linux Battle with IBM", from NewsFactor Network, dated May 2, 2003
380 Article by James Maguire, titled "SCO Warning Fuels Growing Linux Controversy", from CRN NewFactor Network, dated May 16, 2003
381 Article by Graeme Wearden, titled "SCO may raise 'Linux' license fees", from CNET News.com, dated August 10, 2004
382 Web page titled "The Single UNIX Specification, available at http://www.unix.org/what_is_unix/single_unix_specification.html
383 Article by Lisa Bowman, titled "Getting a glimpse at SCO's evidence", from CNETNews.com, dated, August 20, 2003
384 Web page titled, "Before Multics there was chaos, and afterwards, too", available at http://www.bell-labs.com/history/unix/chaos.html
385 Article by Dennis M. Ritchie, titled "The Evolution of the Unix Time-sharing System", dated September 19, available at http://cm.bell-labs.com/cm/cs/who/dmr/hist.html
386 Web page titled "From Multics to something else", available at http://www.bell-labs.com/history/unix/somethingelse.html
387 Web page titled "The UNIX system begins to take shape", available at http://bell-labs.com/history/unix/takeshape.html
388 Web page titled "It looked like an operating system, almost", available at http://www.bell-labs.com/history/unix/almost.html
389 Web page titled, "Sharing UNIX with the rest of the world", available at http://www.bell-labs.com/history/unix/sharng.html
390 Web page titled "Connecting streams like a garden hose", available at http://www.bell-labs.com/history/unix/streams.html
391 Web page titled "Unix", available at http://en.wikipedia.org/wiki/Unix
392 Article by Matthew Aslet, titled "GPL in SCO's Legal Sights", from Computerwire, dated August 20, 2003
393 Web page titled "FreeBSD", available at http://www.freebsd.org/releases/
394 Article by John G. Spooner, titled "Intel set to rattle server market with Itanium", from CNET News.com, dated January 2, 2002
395 Document titled "Caldera Intellectual Property Title and Ownership", bearing Bates number SCO1178124
396 Document titled "Technical Overview of SCO Linux Server 4.0, Powered by UnitedLinux", Bates numbered SCO1307695-114 (Under Seal)
397 Selection of SCO invoices for Linux products sold after March 7, 2003, as produced by SCO to IBM, taken from the following Bates number ranges: SCO1187631-8044, SCO1190720-89, SCO1211966, SCO121233-34 SCO1212544 (Under Seal)
398 Document titled, "SCO Linux Educational Materials: Learning Unit 001", bearing Bates numbers SCO1355589-653 (Under Seal)
399 Email from Reg Broughton to Darl McBride, regarding "Patents and IP Investigation", dated August 13, 2003 and bearing Bates numbers SCO1272238-39 (Under Seal)
400 U.S. Patent No. 6,549,932
401 Document titled "The SCO Group, Inc, Intellectual Property Compliance License for SCO UNUX [sic] rights", bearing Bates numbers SCO1304158-65 (Under Seal)
402 Document titled "Purchase Order", bearing Bates number SCO1448148 (Under Seal)
403 Document titled "The SCO Group, Inc. Intellectual Property Compliance License for Linux', dated January 16, 2004 and bearing Bates numbers SCO1448558-65 (Under Seal)
404 Document titled "The SCO Group, Inc. Intellectual Property License", dated March 16, 2004 and bearing Bates numbers SCO1 501766-75 (Under Seal)
405 Copy of files from SCO Linux Server 4.0, as produced to IBM through discovery in this case.
406 Copy of files from Open Linux 3.1.1 Asia, as produced to IBM through discovery in this case.
407 UnitedLinux press release titled "UnitedLinux Releases Version 1.0", dated November 19, 2002
408 UnitedLinux press release titled "UnitedLinux Signs IBM and AMD as First Technology Partners", dated January 14, 2003
409 SCO's Memorandum in Support of Motion to Dismiss or Stay Count Ten of Plaintiff IBM's Second Amended Counterclaims Against SCO, dated April 23, 2004
410 SCO's Notice of Compliance with Court Order of December 12, 2003, dated January 12, 2004
411 IBM's Report on SCO's Compliance with the Court's December 12, 2003 Order, dated January 15, 2005
412 Transcript of October 31, 2003 Hearing before Hon. Brooke C, Wells
413 Transcript of November 21, 2003 Hearing before Hon. Brooke C. Wells
414 Transcript of December 5, 2003 Hearing before Hon. Brooke C. Wells
415 Transcript of February 6, 2004 Hearing before Hon. Brooke C. Wells
416 Transcript of September 15, 2004 Hearing before Hon. Dale A. Kimball
417 Transcript of April 21, 2005 Hearing before Hon. Dale A. Kimball
418 Transcript of October 7, 2005 Hearing before Hon. Dale A. Kimball
419 Transcript of December 13, 2005 Hearing before Hon. Dale A. Kimball
420 Transcript of December 20, 2005 Hearing before Hon. Brooke C. Wells
421 Transcript of February 24, 2006 Hearing before Hon. Dale A. Kimball
422 Transcript of June 8, 2004 Hearing before Hon. Dale A. Kimball
423 Transcript of July 21, 2003 Conference Call, titled "The SCO Group Conference Call to Provide Updates on IBM lawsuit, UNIX Ownership and Copyrights"
424 Transcript of August 5, 2003 Conference Call, titled "The SCO Group Conference Call to Comment and Provide Q&A on Recent Red Hat Actions"
425 Transcript of August 14, 2003 Conference Call, titled "Q3 2003 The SCO Group Earnings Conference Call"
426 Transcript of October 17, 2003 Conference Call, titled "SCO to Comment and Provide AT&T on the Oct. 16th Investment Announcement"
427 Transcript of November 18, 2003 Conference Call, titled "SCO Expands Scope of its Agreement with Boies, Schiller & Flexner LLP And Provides 4th Quarter Financial Guidance"
428 Transcript of December 22, 2003 Conference Call, titled "Q4 2003 The SCO Group Earnings Conference Call"
429 Transcript of March 3, 2004 Conference Call, titled "Q1 2004 The SCO Group Earnings Conference Call"
430 Transcript of June 10, 2004 Conference Call, titled "Q2 204 The SCO Group Earnings Conference Call"
431 Transcript of June 15, 2004 Conference Call, titled "SCO to Announce Broad Array of Unix Products, Channel Support and Training Programs"
432 Transcript of August 31, 2004 Conference Ca1l, titled "Q3 2004 The SCO Group Earnings Conference Call"
433 Transcript of December 21, 2004 Conference Call, titled "Q4 2004 The SCO Group Earnings Conference Call"
434 Transcript of April 13, 2005 Conference Call, titled "Q1 2005 The SCO Group Earnings Conference Call"
435 Transcript of June 1, 2005 Conference Call, titled "Q2 2005 The SCO Group Earnings Conference Call"
436 Transcript of September 7, 2005 Conference Call, titled "Q3 2005 The SCO Group Earnings Conference Call"
437 Letter Agreement concerning the X/Open Fast Track Process for the Common APIs For UNIX-based Operating Systems ("Spec 1170"), by and among Hewlett-Packard Company, IBM, Novell, Inc., Open Software Foundation, Sun Microsystems, Inc. and X/Open Company Limited, dated March 23, 1994
438 Document titled "Tool Interface Standard (TIS): Portable Formats Specification, Version 1.1", dated October 1993
439 Document titled "Tool Interface Standard (TIS): The Executable and Linking Format (ELF) Specification, Version 1.2", dated May 1995 and bearing Bates numbers 1910846082-187
440 Article by LJ Staff, titled "Caldera and Corsair", from Linux Journal, dated June 1, 1995
441 Caldera, Inc. press release titled "Embedded Linux Moved To Top Priority At Lineo, Inc., Formerly Known As Caldera Thin Clients, Inc.", dated July 20, 1999
442 Caldera, Inc. press release titled "Caldera Open Linux Product To Obtain Posix And Fips Certifications, And The X/Open Brand For Unix 95 And Xpg4 Base 95", dated May 23, 1996
443 Excerpts from book by Stefan Probst and Ralf Flaxa titled, Power Linux, 1997
444 Amendment No. 2 to the Asset Purchase Agreement between Novell, Inc. and The Santa Cruz Operation, Inc., dated October 16, 1996
445 Caldera, Inc. press release titled "Caldera AE Announces New Caldera OpenLinux", dated October 9, 1996
446 Web page titled "Testing requirements by Product Standard", available at http://www.opengroup.org/openbrand/testing/prodstds.htm
447 Article by Jerry Rosa, titled "Billed As The Swiss Army Knife Of Operating Systems - Caldera touts Linux OS," from Computer Reseller News, dated September 1, 1997
448 Internet posting by David Grothe regarding Streams LiS Announcement, Linux Kernel Mailing List, dated January 3O, 1997, available at http://www.ussg.iu.edu/hypermail/linux/kernel/9701.3/0585
449 Caldera Systems, Inc. Whitepaper, titled "Linux Standard Base", dated November 1, 1999, available at http://linux.ittoolbox.com/pub/MM022702d.pdf #search='caldera%20whitepaper%20linux%20standard%20ransom
450 Article titled "Project Proposal and Call for Participation: The Linux Standard Base (LSB) project", from Linux Weekly News, dated May 28, 1998
451 U.S. Patent No. 5,881,270
452 Web page titled "Unix-on-Intel players work on a common binary format", available at http://www.educ.umu.se/~bjorn/mhonar-files/debian-announce
453 Web page titled "86Open Frequently-Asked Questions", dated December 23, 1997, available at http://www.telly.org/86Open-faq
454 Web page titled "86Open Project Final Update", dated July 25, 1999, available at http://www.telly.org/86Open/
455 Email from Ron Record to Mike Davidson, Dion Johnson and Greg Schwarzer, regarding "86Open and lxrun", dated March 4, 1998 and bearing Bates number SCO1820604 (Under Seal)
456 Article by Wayne Spivak, titled "What a difference a year makes for Linux", from Network World, dated October 26, 1998
457 Article titled "StoreBusters Inc. to Deliver Next-Generation Online Se1ling System Using Caldera Systems' OpenLinux E-business Platform", dated August 11, 2000 and bearing Bates numbers SCO1244467-68 (Under Seal)
458 Document titled "Caldera OpenLinux Server elevates Linux to business by providing a stable, secure, easy to install and manage Linux server platform for business quality Internet applications", bearing Bates numbers SCO1244469-72 (Under Seal)
459 Document titled "Caldera - Town Hall Meeting - February 09, 2001", bearing Bates numbers SCO1278897-935 (Under Seal)
460 Web page titled "About: From Free Standards Group", available at http://www.freestandards.org/en/About
461 Caldera, Inc. whitepaper titled "Our Social Contract with the Open Source Community"
462 Caldera, Inc. press release titled "Caldera Launches OpenLearning - Linux Education Programs and Courseware; Training Includes New OpenLinux Solutions Series and LPI Certification Courses", dated July 31, 2000
463 Email from Blake Stowell to globalpr@list.sco,com and teamjeff@sco.com, regarding "Media & Analyst Update from SCO: Statement and Memo regarding copyright claims", dated July 14, 2005 and bearing Bates numbers SCO1777092-99 (Under Seal)
464 Santa Cruz press release titled "SCO Invests in LinuxMall.com", dated October 14, 1999.
465 Web page titled "Caldera Skunkware: Open Source Software", available at http://www.sco.com/skunkware/html/cdrom/index_cd.html
466 Strategic Business Agreement between IBM and Caldera Systems, Inc., dated June 16, 1999 and bearing Bates numbers 1710023483-90 (Under Seal)
467 Document titled "Statement of Work 4900RL0132" between IBM and Caldera Systems, Inc., dated April 17, 2000 and bearing Bates numbers 1710023509-17 (Under Seal)
468 Document titled, "Caldera OpenLinux Presentation", bearing Bates numbers SCO1425831-93 (Under Seal)
469 Article by David Orenstein titled, "Caldera's in the money", from Computerworld, dated January 11, 2000
470 Transcript of speech given by Ransom Love at LinuxWorld 2000
471 Document titled, "The Caldera Connection", dated October 2000 and bearing Bates numbers SCO1385591-94 (Under Seal)
472 Email from Ransom Love to Jeff Hunsaker, regarding "Rite Aid Corporation", dated October 25, 200l and bearing Bates numbers SCO1325085-89 (Under Seal)
473 Document by Andrew Bowles, titled "Transition Document", dated May 9, 2003 and bearing Bates numbers SCO1327183-88 (Under Seal)
474 UnitedLinux Joint Development Contract by and among Caldera International, Inc., Conectiva, Inc., SuSE Linux AG, Turbolinux, Inc. and UnitedLinux, LLC, dated May 29, 2002 and bearing Bates numbers SCO1170519-74 (Under Seal)
475 Document titled "SCO Linux 4.0 - Powered by UnitedLinux", bearing Bates numbers SCO1331818-19 (Under Seal)
476 Document titled "The New SCO - Solutions, Customers, Partners, SCO Programs", bearing Bates numbers SCO1328808-11 (Under Seal)
477 Novell press release titled, "Novell Challenges SCO Position, Reiterates Support for Linux", dated May 28, 2003
478 Article by Patrick Thibodeau, titled "SCO Official Defends Linux Attack", from Computerworld, dated June 2, 2003
479 Article by David Becker, titled "SCO CEO: Why We're Suing IBM", from CNETnews.com, dated June 16, 2003
480 Article by Otis Port, titled "Commentary: Will This Feud Choke the Life Out of Linux?", from BusinessWeek, dated July 7, 2003
481 Scheduling Order Stipulation, dated December 7, 2005
482 Common API Materials Cross-License Agreement between Hewlett-Packard Company, Sun Microsystems, Inc., Novell, Inc. and IBM, dated January 26, 1994 and bearing Bates numbers 1710084662-81 (Under Seal)
483 Web page titled "History and Timeline", available at http://www.unix.org/what_is_unix/ history_timeline.html
484 Article by Michael Tilson, titled "Towards a UNIX Standard", from USENIX Conference Proceedings
485 Settlement Agreement between UNIX System Laboratories, Inc. and Sequent, dated November 25, 1992 and bearing Bates numbers 171077842-46
486 Exhibit 3(a) from the May 11, 2004 Deposition of Erik Hughes (Under Seal)
487 Excerpt from book by Peter H. Salus, titled A Quarter Century of UNIX, published in 1994
488 Unix Sys. Labs. Inc. v. Berkeley Software Design, Inc., No. 92-1667, 1993 WL 414724 (D.N.J. Mar. 3, 1993)
489 U.S. Patent No. 6,141,005
490 U.S. Patent No. 6,259,448
491 Excerpt from book by John Lions, titled Lions' Commentary on UNIX 6th Edition
492 Software Agreement (Agreement No. SOFT-00015) between AT&T Technologies, Inc. and IBM, dated February 1, 1985
493 U.S. Patent No. 6,111,572
494 U.S. Patent No. 5,202,971
495 U.S. Patent No. 5,175,852
496 U.S. Patent No. 5,421,011
497 U.S. Patent No. 5,428,171
498 U.S. Patent No. 5,442,758
499 U.S. Patent No. 5,185,861
500 U.S. Patent No. 6,038,677
501 U.S. Patent No. 6,279,034
502 Amendment No. 1 to the Asset Purchase Agreement between Novell, Inc. and The Santa Cruz Operation, Inc., dated December 6, 1995
503 U.S. Patent No. 6,275,810
504 U.S. Patent No. 5,872,958
505 Set of Invoices from SCO Operations, Inc. bearing Bates numbers SCO1187631-789 (Under Seal)
506 Email from Ralf Flaxa to Andy Nagle regarding "OpenLinux Product Team meeting AGENDA", dated March 22, 2002 and bearing Bates number SCO1412325 (Under Seal)
507 Transcript of the November 15, 2005 Deposition of Timothy J. R. Wright (Under Seal)
508 IBM Technical Disclosure Bulletin by V. A. Albaugh, titled "Combined Event Performance Trace for AIX", dated March 1990
509 U.S. Patent No. 4,742,447
510 U.S. Patent No. 4,742,450
511 U.S. Patent No. 4,918,653
512 U.S. Patent No. 5,032,979
513 Transcript of December 10, 1992 Deposition of Otis L. Wilson in the matter of UNIX System Laboratories, Inc. v. Berkeley Software Design, Inc., Civil Action No. 92-1667 (D.N.J.)
514 UNIX System Laboratories Reply Memorandum of Law in Further Support of its Motion for a Preliminary Injunction, submitted in the matter of UNIX System Laboratories, Inc. v. Berkeley Software Design, Inc., Civil Action No. 92-1667 (D.N.J.) and dated January 18, 1993 (Under Seal)
515 U.S. Patent No. 5,875,306
516 U.S. Patent No. 6,581,104
517 U.S. Patent No. 5,754,763
518 U.S. Patent No. 5,584,023
519 U.S. Patent No. 4,809,168
520 U.S. Patent No. 6,662,205
521 U.S. Patent No. 5,819,251
522 U.S. Patent No. 5,608,893
523 U.S. Patent No. 5,727,209
524 U.S. Patent No. 6,219,690
525 U.S. Patent No. 5,133,053
526 U.S. Patent No. 4,761,737
527 U.S. Patent No. 5,142,622
528 U.S. Patent No. 5,261,053
529 U.S. Patent No. 5,655,122
530 U.S. Patent No. 5,745,763
531 U.S. Patent No. 5,802,578
532 Article by Paul E. McKenney, et. al., titled "Read-Copy Update"
533 Article by Paul E, McKenney and Jack Slingwine, titled "Efficient Kernel Memory Allocation on Shared-Memory Multiprocessors", from USENIX dated January 25-29, 1993
534 Article by L. K. Loucks and C. H. Sauer titled, "Advanced Interactive Executive (AIX) operating system overview", from IBM SYSTEMS JOURNAL, Vol. 26, No. 4 (1987)
535 Article by F. C. H. Waters, R. G. Bias and P. L. Smith-Kerker, titled "AIX usability enhancements and human factors", from IBM SYSTEMS JOURNAL, Vol. 26, No. 4 (1987)
536 Article by A. Chang, M. F. Mergen, R. K. Rader, J. A. Roberts and S. L. Porter, titled "Evolution of storage facilities in AIX Version 3 for RISC System/6000 processors", from IBM Journal of Research Development, Vol. 34, No. 1 (January 1990)
537 Article by Charles H. Sauer, Don W. Johnson, Larry K. Loucks, Amal A. Shaheen-Gouda and Todd A. Smith, titled "RT PC Distributed Services Overview"
538 Article by Jacques Talbot, titled "Turning the AIX Operating System into an MP-capable OS", from USENIX 1995
539 Document by Houlihan Valuation Advisors, titled "Intangible Asset Valuation: Caldera International, Inc. As of October 31, 2001", bearing Bates numbers SCO1633819-74 (Under Seal)
540 Excerpts from book titled DYNIX/ptx STREAMS Application Programming Guide, published by Sequent in 1989
541 Article by R. R. Heisch, titled "Trace-directed program restructuring for AIX executables", from IBM Journal of Research Development, Vol. 38, No. 5 (September 1994)
542 IBM Technical Disclosure Bulletin by D. H. Steves and K. C. Witte, titled "Auditing Objects by Name in AIX", dated January 1992
543 IBM Technical Disclosure Bulletin by K. A. Bohrer and J. S. Peek, titled "Uniqueness of the AIX Storage Management Design", dated September 1992
544 IBM Technical Disclosure Bulletin by S. T. Pan and G. Y. Tsao, titled "Transmission Control Protocol/Internet Protocol Checksum Improvement for AIX 3,2 under RISC System/6000", dated February 1994
545 IBM Technical Disclosure Bulletin by D. W. Sheffield, titled "Avoid Remapping of Data Buffers in AIX Device Drivers", dated February I994
546 IBM Technical Disclosure Bulletin by N. A. Camillone, D. H. Steves and K. C. Witte, titled "Reliable, Extensible Audit Trail Storage in AIX", dated December 1991
547 IBM Technical Disclosure Bulletin by W. E. Baker and J. S. Peek, titled "Support for Execution of Programs With Large Data Requirements on AIX 3.2", dated August 1992
548 IBM Technical Disclosure Bulletin by K. A, Bohrer and W. J. Cheney, titled "Method to Provide Changes to the AIX Operating System Kernel for Multi-process Debugging", dated July 1990
549 IBM Technical Disclosure Bulletin by J. S. Langford, D. H. Steves and K. C. Witte, titled "Trusted Path Mechanism in AIX", dated January 1992
550 Web page titled "Read-Copy Update Mutual-Exclusion in Linux", available at http://lse.sourceforge.net/ locking/rcu/rcupdate_doc.html
551 Article by M. A. Auslander, titled "Managing programs and libraries in AIX Version 3 for RISC System/6000 processors", from IBM Journal of Research Development, Vol. 34 No. 1 (January 1990)
552 Article by Paul McKenney, titled "Using RCU in the Linux 2.5 Kernel", from Linux Journal, dated October 1, 2003
553 Article by Paul E. McKenney and Dipankar Sarma, titled "Making RCU Save for Deep Sub-Millisecond Response Realtime Applications"
554 Article by Hanna Linder, Dipankar Sarma and Maneesh Soni, titled "Scalability of the Directory Entry Cache"
555 Article by Bob Beck, Bob Kasten and Shreekant Thakkar, titled "VLSI Assist for a Multiprocessor", dated 1987
556 Article by J. Inman titled "Implementing Loosely Coupled Functions on Tightly Coupled Engines", dated 1985
557 IBM Announcement Letter Number 286-399, titled "IBM RT Personal ComputerTM Advanced Interactive ExecutiveTM Operating System Version 2.1", dated September 18, 1986
558 Excerpts from book titled DYNIX/ptx Reference Manual Section 3, published by Sequent in 1989
559 Excerpts from book titled HP-UX Reference Release 10.0 Volume 3 (of 4) , published by Hewlett-Packard Co. in 1983
560 Excerpts from book titled AIX Operating System: Programming Tools and Interfaces, published by IBM in 1989
561 Excerpts from book titled Solaris Porting Guide, Second Edition, published by Sun Microsystems, Inc. in 1995
562 Excerpts from book titled Solaris Multithreaded Programming Guide, published by Sun Microsystems, Inc. in 1995
563 Excerpts from book by Rudy Chukran, titled Accelerating AIX: Performance Tuning for Programmers and System Administrators, published by IBM in 1998
564 Excerpts from book by David A. Kelly, titled AIX/6000: Internals and Architecture, published by IBM in 1996
565 Excerpts from book by Robert F. Sauers and Peter S. Weygant, titled HP-UX: Tuning and Performance, Concepts, Tools & Methods, published by Hewlett-Packard Co. in 2000
566 Document titled, "Caldera OpenLinux System Information, OpenLinux Version 1.0", bearing Bates numbers SCO1425831-893 (Under Seal)
567 Excerpts from book by Phil Colledge, titled The Advanced Programmer's Guide to AIX 3.x, published by IBM in 1994
568 Excerpts from book by John R. Graham, titled Solaris: Internals & Architecture, published in 1995
569 Letter from J. M. Baccash to Ramesh Subramanian, dated November 30, 1993 (Under Seal)
570 Excerpts from book titled Guide to Parallel Programming, on Sequent Computer Systems, Second Edition, published by Sequent in 1987
571 Excerpts from book titled Solaris Multithreaded Programming Guide, published by Sun Microsystems, Inc. in 1995
572 Master Transaction Agreement among Caldera International, Inc., Conectiva Inc, SuSE Linux AG and Turbolinux, dated May 29, 2002 and bearing Bates numbers SCO1170635-648 (Under Seal)
573 Document titled, "Caldera: Unifying Unix With Linux for Business", bearing Bates numbers SCO1304371-95 (Under Seal)
574 Email from Randy Richards to Erik Hughes, Craig Bushman, Jeff Hunsaker and Shaun Cutler, regarding "Linux licensing questions - from a partner?", dated July 22, 2003 and bearing Bates numbers SCO1464712-13 (Under Seal)
575 Document titled "SCO Intellectual Property License for Linux", bearing Bates numbers SCO1269360-63 (Under Seal)
576 Dennis M. Kennedy, A Primer on Open Source Licensing Legal Issues: Copyright, Copyleft, and Copyfuture, 20 St. Louis U. Pub. L. Rev. 345, 360 (2001)
577 Email from Erik Hughes to Paul Hurford Regarding "Access to a linux box?", dated August 16, 2005 and bearing Bates number SCO1663707-08 (Under Seal)
578 Intellectual Property License Provider Agreement between SCO and The PCMS Group, bearing Bates numbers SCO1528883-87 (Under Seal)
579 Jason B. Wacha, Open Source, Free Software and the General Public License, 20 No. 3 Computer & Internet Law 20, 22 (2003)
580 Letter from Ronald A. Lauderdale to Darl McBride, dated April 2, 2003 (Under Seal)
581 Letter from Darl McBride to Ronald A. Lauderdale, dated April 24, 2003 (Under Seal)
582 Amendment to Software Agreement SOFT-00015 as amended, Sublicensing Agreement SUB-O015A as amended, Software Agreement SOFT-00l5 Supplement No. 157 as amended, and Substitution Agreement XFER-0015B, between IBM and Novell, Inc., dated April 26, 1996 and bearing Bates numbers 17100l5672-75 (Under Seal)
583 Letter from Scott D. Lester to Novell, Inc., dated May 1, 1996 (Under Seal)
584 Transcript of January 11, 2005 Deposition of Stephen D. Vuksanovich (Under Seal)
585 Transcript of January 19, 2006 Deposition of Steven M. Sabbath Deposition (Under Seal)
586 Declaration of Dan Frye, dated September 22, 2006
587 Declaration of Randall Davis, dated March 29, 2006
588 Declaration of Randall Davis, dated April 28, 2006
589 Expert Report and Declaration of J. R. Kearl, dated May 19, 2006 (Under Seal)
590 Rebuttal Expert Report and Declaration of J. R. Kearl, dated July 17, 2006 (Under Seal)
591 Reply Expert Report and Declaration of J. R. Kearl, dated August 28, 2006 (Under Seal)
592 SCO press release titled "SCO Files Lawsuit Against IBM", dated March 7, 2003
593 IBM press release titled "IBM Breaks Barriers Between Linux and UNIX with AIX 5L", dated April 23, 2001 and bearing Bates numbers SCO1584161-68
594 Caldera Systems, Inc. press release titled "SCO and Caldera Release Technology Preview of AIX 5L-64 Bit UNIX OS for Intel Itanium Processors", dated April 23, 2001 and bearing Bates numbers SCO1395324-26 (Under Seal)
595 The Santa Cruz Operation, Inc. and Caldera Systems, Inc. press release titled "SCO and Caldera Release Technology Preview of AIX 5L-64 Bit UNIX OS for Intel Itanium Processors", dated April 23, 2001 and bearing Bates numbers SCO1584169-70
596 Declaration of Paul McKenney, dated September 24, 2006
597 Declaration of Joseph Beyers, dated September 22, 2006

4. I declare under penalty of perjury that the foregoing is true and correct.

Executed: October 4, 2006

Salt Lake City, Utah

____[signature]____
Todd M. Shaughnessy


CERTIFICATE OF SERVICE

I hereby certify that on the 4th day of October, 2006, a true and correct copy of the foregoing was served by hand delivery, to the following:

Brent O. Hatch
Mark F. James
HATCH, JAMES & DODGE, P.C.
[address]

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