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IBM CEO Ordered to Turn Over Linux Secrets to SCO

IBM CEO Ordered to Turn Over Linux Secrets to SCO

The magistrate judge doing the legal housekeeping in the run-up to the $5 billion SCO v. IBM trial next year gave the SCO Group what it wanted Wednesday and ordered IBM to cough up the discovery that SCO claims is vital to its charge that IBM copied Unix code into Linux.
 

IBM has been told to turn over the releases of AIX and Dynix that SCO's lawyers say represent "about 232 products" in 45 days. SCO in turn has been told to provide the court with a memorandum saying whether the code is relevant or not to its case and identify
additional files it may want.

IBM has also been ordered to give SCO "any and all non-public contributions it has made to Linux." SCO is on its own to identify IBM's public contributions.

SCO has also been given access to all reports and documents in the possession of IBMers involved in the Linux project including IBM CEO Sam Palmisano and IBM VP and top Linux evangelist Irving Wladawsky-Berger.

 

The paperwork is to supposed to include any materials relating to IBM's Linux strategy, Magistrate Judge Brooke Wells said.

Reports suggest that SCO is particular giddy over this stipulation, apparently having feared it wouldn't get access to IBM e-mail and filing cabinets.

IBM has also been told to response to SCO interrogatories and include "relevant information from all sources including top-level management.

IBM has identified 7,200 - yup, that's right, 7.200 - potential witnesses and the judge told IBM to give SCO the contact information of a representative sample of 1,000 of most important potential witnesses agreed on by both of them.

The court gave SCO 45 days to come up with the answers to IBM's interrogatories that it hasn't answered yet despite a previous court order, and to identify all specific lines of code that IBM is alleged to have contributed to Linux from either AIX or Dynix - or at least the ones SCO can identify at this time.

SCO is also supposed to identify all the Unix System V code that IBM allegedly contributed to Linux from AIX and Dynix and all the lines of code in Linux it claims to have rights to and identify the code SCO distributed to other people and explain who they were and when they got it and why.

Both companies have been ordered to produce source logs that identify how documents were kept and file memoranda with the court on the impact of SCO's second amended complaint that drops SCO's original trade secrets misappropriation charge and substitutes copyright infringement.

The switch means SCO has stopped saying IBM snitched code from either UnixWare or OpenServer and leaves the charge standing solely on derivative AIX and Dynix code.

Meanwhile, this Friday SCO is supposed to answer Novell's motion to throw out SCO's suit against it.

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

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