SCO ordered to show evidence, will file (c) lawsuits...
Much news on the SCO v. IBM front. SCO has been ordered to produce evidence (code) within 30 days (more specifically, they have to answer IBM's interrogatories 1, 2, 4, 12 and 13... included below) and all other document discovery has been suspended until they do.
Another notable development as determined from a transcript from a Groklaw volunteer attendee (Cody) at today's hearing is that SCO will "be filing a copyright infringement case in a few weeks."
Oh, Yeah... almost forgot... Do any of the lawyers out there find it strange that SCO's legal team, Boies and Schiller LLP, now own 3% of SCO and are set to receive 20% of the proceeds from the settlement or of 'a sale of SCO during the pendancy of litigation'?
UPDATE (2003-12-06 09:24:12): I've included the text of the interrogatories SCO will be spending its holidays on below. (1, 2, 4, 12 and 13).
INTERROGATORY NO. 1:
Please identify, with specificity (by product, file and line of code, where
appropriate) all of the alleged trade secrets and any confidential or
proprietary information that plaintiff alleges or contends IBM misappropriated
or misused, including but not limited to as alleged in � 105 of the Complaint.
INTERROGATORY NO. 2:
For each alleged trade secret of any confidential or proprietary information
identified in response to interrogatory No. 1, please identify: (a) all persons
who have or have had rights to the alleged trade secret or confidential or
proprietary information; (b) the nature and source of the rights; and (c) all
efforts by any persons to maintain the secrecy or confidentiality of the alleged
trade secrets and any confidential or proprietary information.
INTERROGATORY NO. 4:
For each alleged trade secret and any confidential or proprietary information
identified in response to Interrogatory No. 1, please describe, in detail, each
instance in which plaintiff alleges or contends that IBM misappropriated or
misused the alleged trade secret or confidential or proprietary information,
including but not limited to: (a) the date of the alleged misuse or
misappropriation; (b) all persons involved in any way in the alleged misuse or
misappropriation; (c) the specific manner in which IBM is alleged to have
engaged in misuse or misappropriation; and (d) with respect to any code or
method plaintiff alleges or contends that IBM misappropriated or misused, the
location of each portion of such code or method in any product, such as AIX, in
Linux, in open source, or in the public domain.
INTERROGATORY NO. 12:
Please identify, with specificity (by file and line of code), (a) all source
code and other material in Linux (including but not limited to the Linux kernel,
any Linux operating sytem and any Linux distribution) to which plaintiff has
rights; and (b) the nature of plaintiff's rights, including but not limited to
whether and how the code or other material derives from UNIX.
INTERROGATORY NO. 13:
For each line of code and other materials identified in response to
Interrogatory No. 12, please state whether (a) IBM has infringed plaintiff's
rights, and for any rights IBM is alleged to have infringed, describe in detail
how IBM is alleged to have infringed plaintiff's rights; and (b) whether
plaintiff has ever distributed code or other material or otherwise made it
available to the public, as part of a Linux distribution or otherwise, and, if
so, the circumstances under which it was distributed or otherwise made
available, including but not limited to the product(s) in which it was
distributed or made available, and the terms under which is was distributed or
made available (such as under the GPL or any other license).
Interrogatories 1-9 are available here:
http://www.groklaw.net/article.php?story=2003111102212930
12 and 13 come from here:
http://www.groklaw.net/article.php?story=20031205161348100#c31193
Posted by joebeone at Diciembre 5, 2003 05:00 PM