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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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I guess they think they have shredded all the incriminating evidence now | 244 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
I guess they think they have shredded all the incriminating evidence now
Authored by: jmc on Wednesday, March 27 2013 @ 03:16 AM EDT
I wonder if they'll try to revive that motion / appeals / whatever about
***IBM*** spoiling evidence???

[ Reply to This | Parent | # ]

I guess they think they have shredded all the incriminating evidence now
Authored by: Anonymous on Wednesday, March 27 2013 @ 08:17 AM EDT
This would not work in their favor - the court will presume in
favor of (say) IBM if IBM alleges SCO destroyed critical
evidence.

[ Reply to This | Parent | # ]

May have zero usefulness
Authored by: Anonymous on Wednesday, March 27 2013 @ 03:25 PM EDT

IANAL, but I believe the bottom line of the SCOg vs IBM case was that discovery was over. PSJ's had been filed and it was the eve of planning the Court Trial.

So anything of pertinent value will have (or should have) been turned over. IBM already has what they need.

If SCOg destroys pertinent documentation - such as a document of there's that IBM presents as evidence - I believe the Court's would view that as inference of the contents of the document against SCOg..... oops.

As a result, if SCOg destroyed any evidence, it was evidence that might have protected SCOg itself.

Caveat: I hold out no hope any sanctions for anything (like frivolous lawsuit) will occur. So I don't put much weight of value on any documents that might indicate that.

At this point, McBride, Stowell and Sontag have "gotten away with it".

RAS

[ Reply to This | Parent | # ]

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