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More IBM Subpoenas in the SCO Bankruptcy
Thursday, July 16 2009 @ 02:16 PM EDT

IBM has subpoenaed the following: Space and Naval Warfare Systems Center Norfolk, Chad Kemp, Rene Beltran, and DTR Business Systems. This should be rich. The documents it would like the Space and Naval Warfare Systems Center Norfolk to provide are:
1. All documents concerning the expected testimony of Chad Kemp in connection with debtors' bankruptcy proceedings.

2. All documents concerning debtors and/or their products.

3. All documents concerning communications between SPAWAR (or anyone representing or affiliated with SPAWAR) and debtors, unXis, Stephen Norris or Stephen Norris Capital Partners (or anyone representing or affiliated with them).

Chad Kemp and Rene Beltran were already deposed on July 13 and 15, respectively. Beltran, if you recall, signed as Executive Vice President of DTR, the letter to the Alan Raymond, VP at SCO, all about how vital SCO's products are to them. SCO then filed the letter with the bankruptcy court. Kemp is evidently the designated person to speak for SPAWAR. If you look at page 5 of this PDF, you'll find a Chad Kemp listed as speaking on ISEA/Tech Support at a "Navy Breakout". Here's some information on what ISEA stands for. If you recall, in that same bunch of letters about OpenServer's importance to the US Army, the letter's signee, David L. Dickerson, CISSP, a CACI contractor, said that "The OpenServer 5 UNIX operating system is used not only by the Army but also by all other US military services as well as many of the US Civil Agencies." Perhaps IBM would like to find out if that is true.

[ Update: I just checked the list of contracts SCO proposes to pass along to unXis, should that deal be approved, on the multi-parted Exhibit A and continued here, looking for a contract with the Army. The only contract even in the ballpark that I could find was this, on page 54 of Exhibit A, Part 3 [PDF]:
U.S. Department of Defense - U.S. Army Information Systems Command - Missile Command ... SOFT-02161 (Mar 6, 1992) SUB-02151A (Mar 6, 1992) - Framed Access Command Environment (Mar 6, 1992)
The DOD is also on the list for UNIX Instructional Workbench Software, Release 3.0 back in 1985. Then in part 6 [PDF], you'll find the Army quite a bit, but in each case, the contract is for UNIX System V. That's on pages 55 and 56. No OpenServer. The most recent contract I see is 1990. You'll find the Navy on pages 61, 62 and 63, but again only for UNIX System III and V.

It is such a voluminous filing, Exhibit A, it's possible I missed it, and if you notice it, let me know please. And I suppose they could get OpenServer from a third party, like Grumman. Except I see Grumman Aerospace on the list but only for UNIX. That's on page 8 of Part 5 [PDF]. This is indeed a mystery. - End update]

Beltran also was quoted in a SCO-DTR press release in 2005 when SCO announced it would "provide SCO resellers with pre-configured white box servers with SCO solutions". Beltran's quote:

"We look forward to working with our SCO resellers to provide their customers with these white box solutions," said Rene Beltran, Executive Vice President of DTR Business Solutions, Inc. "Working with SCO and DTR, resellers will have a greater capability to deliver a higher standard of customer service with reliable SCO UNIX systems."
The filings:
07/15/2009 - 836 - BNC Certificate of Mailing. (related document(s) 834 ) Service Date 07/15/2009. (Admin.) (Entered: 07/16/2009)

07/16/2009 - 837 - Subpoena directed to Space and Naval Warfare Systems Center Norfolk. Filed by IBM Corp.. (McNeill, R. Stephen) (Entered: 07/16/2009)

07/16/2009 - 838 - Subpoena directed to Chad Kemp. Filed by IBM Corp.. (McNeill, R. Stephen) (Entered: 07/16/2009)

07/16/2009 - 839 - Subpoena directed to Rene Beltran. Filed by IBM Corp.. (McNeill, R. Stephen) (Entered: 07/16/2009)

07/16/2009 - 840 - Subpoena directed to DTR Business Systems, Inc.. Filed by IBM Corp.. (McNeill, R. Stephen) (Entered: 07/16/2009)

07/16/2009 - 841 - Notice of Service (related document(s) 837 , 838 , 839 , 840 ) Filed by IBM Corp.. (Attachments: # 1 Certificate of Service) (McNeill, R. Stephen) (Entered: 07/16/2009)

I think we may see more subpoenas to come.

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