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The Declaration of Kenneth Brakebill - exhibits re the 4 new Novell SJ motions
Thursday, April 26 2007 @ 09:25 AM EDT

Now we learn that Darl McBride has been deposed by Novell as recently as March 27, 2007. It's listed as an exhibit, one of 63 exhibits offered in support of Novell's four new summary judgment motions, in the Declaration of Kenneth Brakebill [PDF].

Unfortunately, the exhibits have all been filed at the courthouse in paper form. So patience, grasshoppers.

Some of the exhibits are filed under seal also. Like Eric Raymond and Rob Landley's "OSI Position Paper on the SCO v. IBM Complaint" dated March 15, 2003, "as produced by a third party in the SCO v. IBM litigation". No. I am not kidding. On that exhibit, I believe we may have a geek workaround. I'd tell you how I found it, but then I'd have to kill you. Me or Google. They might make an exception on that do no evil thing.

Nah. Google is your friend. Wait. I know what the explanation might be, other than the obvious, that it's a mistake. How about this? The March 15, 2003 version, the first draft, had some sooper sekrit writings in lemon juice, and somebody captured it off the screen before the words disappeared, and that's what is in the sealed exhibit. No? Seriously, it is possible the "third party" wrote some things on the copy and wouldn't want us to read what was written. Like, "Darl, take a look at this! It proves you have no case. Can you just pretend for as long as possible or at least until we find an idiot willing to sign a patent peace agreement with us? - Hugs and kisses. billg." Kidding. Relax.

Many of the exhibits listed we have already, like the APA. I'll gradually put in the links. Or hey, how about you guys do it and post the links and I'll just copy and paste?

But there are other exhibits I would pay money to see. Like the email Chris Sontag sent somebody the very day he was deposed by Novell. Before? Or after? To whom? About what? I am dying to know. How I wish this morning that I actually were a committee of IBM and Novell lawyers, so I could read that thing. And Jeff Hunsaker seems to have been a communicative busy bee, but all his emails are under seal too. We'll get what we can.

Here are the exhibits:

1: Second Amended Complaint [PDF][Text]
2. Asset Purchase Agreement [PDF] [Text]
3. Schedule 1.1(a) to the APA [PDF] [Text]
4. Schedule 1.1(b) to the APA [PDF] [Text]
5. Technology License Agreement [Text from SEC website]
6. SCO's August 2, 2000 press release [Text]
7. SCO's February 9, 2001 press release [Text from SEC website
8. SCO's May 7, 2001 press release [Text from LWN
9. SCO's 10Q for the quarter ending April 30, 2003 (excerpts) [Text from SEC website]
10. The Joint Proxy Statement and Prospectus of the Santa Cruz Operation and Caldera Systems, Inc. issued on March 26, 2001 (excerpts) [Text from SEC website]
11. Caldera' Form S-4 filed with the SEC on March 26, 2001 [Text from SEC website]
12. Declaration of Steven M. Sabbath, dated December 22, 2003 [PDF]
13. Tarantella's Form 10K for the fiscal year ended September 30, 2001 [Text from SEC website]
14. Memo titled "The Caldera Connection" dated October 31, 2000 (sealed)
15. Declaration of William M. Broderick in Support of SCO's Memorandum in Opposition to IBM's Motion to Compel Production of Documents on SCO's Privilege Log dated October 21, 2005 [PDF - page 14 of PDF] [Text]
16. Excerpts of the transcript of Darl McBride's deposition in the SCO v. IBM litigation on December 2, 2005.
17. Excerpts of the deposition of Kim Madsen taken on February 13, 2007 [PDF]
18. Santa Cruz Operation's 10K for the quarter ending September 30, 1994 (excerpts)
19. Letter from Novell to SCO dated October 7, 2003 [PDF from Novell website] [Text]
20. Letter from SCO to Novell dated October 9, 2003 [PDF from Novell website][Text]
21. Excerpts from the deposition of Robert Frankenberg taken on February 10, 2007
22. Operating Agreement signed by Novell and Santa Cruz Operation operative on December 6, 1995 [PDF]
23. Declaration of Michael J. DeFazio from SCO v. IBM, dated October 3, 2003 [PDF] [Text]
24. Letter from Brobeck, Phleger & Harrison to Novell Board of Directors dated December 6, 1995 (sealed)
25. Excerpts from the Burt Levine deposition taken on March 23, 2007
26. Amendment 1 to the APA [PDF] [Text]
27. Bill of Sale dated December 6, 1995 [PDF] [Text]
28. Amendment 2 to the APA [Text from SEC website]
29. SCO'S 10K for the fiscal year ending on October 31, 2006 [Text from SEC website]
30. Email from Jeff Hunsaker, dated December 3, 2002 (sealed)
31. Excerpts of the Jeff Hunsaker deposition taken on March 30, 2007 (sealed)
32. Email from Geoff Seabrook, dated January 13, 2003 (sealed)
33. Excerpts from the deposition of Alok Mohan taken February 23, 2007
34. Email from Jeff Hunsaker dated January 28, 2003 (marked as Exhibit 248 from his March 30, 2007 deposition) (sealed)
35. Email from Chris Sontag dated March 14, 2007 (marked as Exhibit 91 from the March 14, 2007 deposition) (sealed)
36. Excerpts from Chris Sontag's March 14, 2007 deposition
37. Gartner Research Note, "SCO's Suit Against IBM: An Update and Recommendations" from George Weiss dated April 27, 2005 (sealed)
38. Gartner Research Note, "What to Do During SCO's Protracted Lawsuit Against Linux" from George Weiss dated March 23, 2004
39. Email from Blake Stowell dated August 12, 2003 (sealed)
40. TechNewsWorld July 29, 2003 press release
41. OSI Position Paper on the SCO v. IBM Complaint from Eric Raymond and Rob Landley dated March 15, 2003 "as produced by a third party in the SCO v. IBM litigation") (sealed)
42. Email from Blake Stowell, dated May 21, 2003 and marked as exhibit 252 from the March 30, 2007 deposition of Jeff Hunsaker (sealed)
43. Email from Jeff Hunsaker dated August 5, 2003 and marked as exhibit 253 from Jeff Hunsaker's March 30, 2007 deposition (sealed)
44. Email from Jeff Hunsaker dated December 11, 2003 and marked as exhibit 1229 during Michael Olson's March 3, 2006 deposition (sealed)
45. Excerpts from the deposition of Michael Olson, taken in the SCO v. IBM litigation on March 3, 2006
46. Collection of charts produced by SCO
47. Email from Craig Bushman dated April 21, 2004 (sealed)
48. Letter from Gavin Roy to Philip Langer, dated January 21, 2004 (sealed)
49. Letter from McCoy Smith to Darl McBride dated June 12, 2003 (sealed)
50. Letter from Sylvia Khatcherian to Gregory Pettit dated March 24, 2004 (sealed)
51. Email from Gregory Pettit dated April 14, 2004 (sealed)
52. Letter from Patricia Romain to Gregory Pettit dated May 21, 2004 (sealed)
53. Letters from various third parties to SCO concerning SCO's "licensing" campaign against Linux users (sealed)
54. Press release "SCO Announces Availability of SCO IP License" [Text from]
55. Pricing of SCO IP License for Linux Servers (sealed)
56. SCO Internal Product Announcement "SCO IP Compliance Program for Linux End Users" (sealed)
57. Excerpts from Novell's 3rd Set of Interrogatories to the SCO Group taken on September 29, 2006
58. Excerpts of SCO's Responses and Objections to Novell's 2nd and 3rd Sets of Interrogatories in the form that SCO produced to Novell on December 28, 2006
59. Email from Ted Normand to Kenneth Brakebill dated March 19, 2007
60. SCO's Responses to Novell's Interrogatory No. 15 produced by SCO to Novell on April 6, 2007.
61. Letter from Brakebill to Normand dated March 5, 2007
62. Email from Sashi Bach Boruchow to Brakebill dated April 17, 2007
63. Excerpts from the deposition of Darl McBride taken in the Novell litigation on March 27, 2007

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