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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.
You're my boy Blue!!!
With all these subpoenas, IBM may just be hunting for more than just evidence that SCO is completely wrong in their claims... Might even be that they're looking to get some dirt on Microsoft or bring down a few other companies with SCO.
Because they're being sued by SCO and they're gathering evidence against them?
All your documents are belong to us...
One of the comments on Groklaw asks, "Why not Baystar, RBC and Microsoft?".
I think it's likely because these are corporations that would probably resist assisting IBM, and the IBM legal team could still be working out methods for compelling each of these corporations into full testimony. RBC would likely resist, and as a Canadian Bank they can tie up the whole process for as long as they want, unless compelled by a Canadian federal court. Plus, RBC is the most profitable bank in Canada, so they have billions in pocket change to throw at the fight, need be.
BayStar confirmed that Microsoft was connected to SCO, but maybe they have some kind of legal reason not to help? Or maybe the public facts are enough?
Trying to get documents from Microsoft in connection to SCO would likely be a huge legal undertaking, so that might be what's slowing things down. IANAL, but if Microsoft, BayStar and RBC joined the fray, wouldn't they have the power to somehow stop the whole process, or slow it dramatically as a joint force? You have to be extremely delicate when handling companies with track records like Microsoft. Maybe IBM's legal team is getting as much data as they can from corporations who won't put up much of a fight, before Microsoft comes in and shuts everything down.
The dangers of knowledge trigger emotional distress in human beings.
How long were you in the hospital after the head wound?
SCO has had this coming for a long time, but its sad that the 2 thing I hate (Laywers and Patents) are going to bring them down.
This is kind of like seeing the school bully being hit by a bus - you are internally elated, but its not a pretty sight and you feel pretty sick afterwards.
Oh, well - as long SCO gets taken out, that's all that matters
You can't expect to wield supreme executive power, just because some watery tart threw a sword at you
... anyone else looking forward to the day when SCO's ''office'' is just a smoking field of rubble, their execs are all in jail, and anyone who had their fingers in this pie is up to their necks in subpoenas and/or SEC/FTC probes?
I can imagine IBM wanting to make that happen. Sorta the corporate equivalent of hanging corpses outside of a medieval town as a warning to others.
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.]
If you mod this up, your slashdot background will turn into a beautiful sunset!
The thing is, last time I checked, IBM had never stopped development of new software and products. They have never stopped creating and selling innovative technology. A legal department is necessary for any large business. However, it only beceomes a problem when you are spending a disproportionate amount of employee time and revenue on legal proceedings. Anyone who has been following the SCO case knows that, based on the amount of information they've put out regarding their products vs. the amount they've put out regarding their legal case, they're clearly in the latter category. Same goes for their public financial filings. These elements clearly point to a company in its death throes wanting desperately to get bought out. Nothing about IBM's behavior indicates that they are in similar straits.
it's a good thing....I think it's to prove that there's something foul in the air (and no, CowboyNeal didn't have a burrito); aka Microsoft is using SCO to further it's anti-competitive practices, which can in turn be used against SCO.
I don't think companies that are being sued or threatened to be sued by SCO would say no to IBM's requests, as it is in their interests to help the one who has the bigger army of lawyers. Basically, the subpoenas are a legal formality; in case there's a non-disclosure agreement (a subpoena is a legal way of taking a peek without breaking that NDA), so the companies don't get sued by SCO/Microsoft for disclosing the agreement.
Fight fire with fire....this case, lawyers with lawyers. The only issue is that since SCO seem to have a secret ally/live-line (Micro$oft), hence IBM's move to possibly expose the foulplay by Microsoft, which will get M$ in hot water with the anti-trust settlements.
...I think IBM is looking to not only crush SCO (that they already know they'll do), but now they're trying to find leads suggesting this is a smear campaign.
While I doubt they're going to find condemning evidence, I don't think it'd take much to open another antitrust case against Microsoft. Along with the recent EU findings, I don't think they'd like that at all.
Kjella
Live today, because you never know what tomorrow brings
It's possible that IBM's legal team knew all along, but on the face of it those Baystar documents that Raymond posted seem to have provided a breech for IBM to charge into.
Kudos to him and his source.
Kill, Tux, kill!
sPh