IBM Subpoenas HP, Baystar, Sun & Microsoft

nicolaiplum writes "CNet is reporting that IBM is sending subpoenas to HP, Baystar, Sun and Microsoft requiring them to disclose most of their dealings with SCO over UNIX licensing and litigation." From the article: "The subpoenas demand that Microsoft, HP, Sun and BayStar hand over a range of information, including details of their dealings with SCO, by March 7. They will also have to appear in court later in March to give depositions." Groklaw also has links to each of the subpoenas.

Comments

Don't have to appear in court

[whoever57]

The reporter got that aspect wrong. Read the original documents and it becomes clear that the recipients are "commanded" to appear in various lawyers' offices.

Good comments at Yahoo Finance board too

[sphealey]

The SCOX Yahoo Finance Board is actually a good source of information and comments as well. Contrary to the usual stock board the regulars there are quite knowledgable and try to keep the spam cleaned up. Which is not to say there are no trolls, but any rating above a 4 is usually good.

sPh

Re:I forgot about this!

[yo_tuco]

Still, I have to wonder why IBM is willing to spend the money for the additional activity?

Because the drama, oops I mean SCO vs IBM case, is not over. It is still in the descovery process.

From http://www.groklaw.net/article.php?story=200602212 20214214

22-Dec-05 - Final Deadline for Parties to Identify with Specificity All Allegedly Misused Material

27-Jan-06 - Close of All Fact Discovery Except As to Defenses to Claims Relating to Allegedly Misused Material

17-Mar-06 - Close of All Remaining Discovery (i.e., Fact Discovery As to Defenses to Any Claim Relating to Allegedly Misused Material)

As you can see, we're in the part that I've highlighted in red [bold], which is over on March 17. It's all about defenses now. In other words, SCO filed it's list of ha ha allegedly misused material, and now IBM gets to do discovery to establish its defenses. Don't forget the expert witnesses also:

14-Apr-06 - Initial Expert Reports
19-May-06 - Opposing Expert Reports
16-Jun-06 - Rebuttal Expert Reports
10-July-06 - Final Deadline for Expert Discovery

The reason

[jgoemat]

Microsoft and Sun paid tens of millions of dollars to SCO in early 2003. Caldera (who is now SCO) had run their Linux business into the ground and after purchasing the UnixWARE from Santa Cruz in 2001 (to purportedly make Linux and Unix play better together), they ran it into the ground as well. Without that influx of cash, SCO would not have had the money to pursue the lawsuit against IBM. It just happens that SUN (IBM's largest Unix competitor) and Microsoft (who has a lot to gain from the discrediting of Linux) paid tens of millions of dollars to SCO and the only substantial thing they got in return was the lawsuit against IBM. IBM is also seeking information from SUN and HP because SCO gave them a clean bill of health, and they have distributed and made public much of the information that forms the basis of the lawsuit against IBM.

Subpoenas

[AviLazar]

We should all remember, Subpoenas are a commonly utilized legal term which is needed to get another party to comply. Most large companies are not even allowed to give any of their documents (which have other legal bindings on them, probably for non-disclosure) without a subpoena. People just tend to think "subpoena omg"