IBM Subpoenas Several Companies in SCO Case
bl8n8r writes "IBM subpoenas are flying. Morgan Keegan, EV1, Oracle, Royce, CAI, Center7, Novell, Canopy, S2, are all asked to reveal details on all documents concerning any communications with or any meetings involving Microsoft regarding Unix, Linux, SCO and/or Canopy." Groklaw notes that even more subpoenas are likely on the way.
Because they're being sued by SCO and they're gathering evidence against them?
http://www.cnn.com/2004/TECH/biztech/04/23/sco.inv estment.ap/index.html
CNN story
Jory
From Webster's Revised Unabridged Dictionary (1913) :
Subpoena \Sub*p[oe]"na\, n. [NL., fr. L. sub under + poena
punishment. See Pain.] (Law)
A writ commanding the attendance in court, as a witness, of
the person on whom it is served, under a penalty; the process
by which a defendant in equity is commanded to appear and
answer the plaintiff's bill. [Written also subpena.]
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IANAL, but I think court sanctioned subpoenas pretty much overrule any sort of confidentiality agreement/contract. Of course, the information will not be made public and will be sealed by the court, but IBM's lawyers will still get to see it.
Maybe they're not going after Microsoft because IBM is the largest reseller of Microsoft software and the single largest customer of Microsoft licenses.
Why do you think Microsoft went through BayStar and the like? While they hate each other with passion, they are bed fellows.
An NDA doesn't mean jack when staring down the barrels of a subpoena. They'll be in contempt if they don't comply.
what's the case against MS?
So far, that Baystar, one of the major sources of financing for SCO, did so at the behest of Microsoft. (The other major source of funding is a Canadian bank acting for unnamed private parties.) And that, Mike Anderer, the consultant who is "S2" wrote a subsequently leaked memo discussing how SCO was obtaining >$80M in funding (mostly indirectly) from MS.
> IBM makes more money,
IBM's revenues are much larger (91B vs 36B) but the EBITDA (10.4 vs 11.7B) and net earnings (7.8B vs 7.4B) are pretty close.
> has more employees,
Making the same amount of money with more people is not good.
> and is a bigger company. Go check out the facts at some point...
Depends on your metric. Measured by market cap, MSFT (297B) is much bigger than IBM (155B).