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Judge Rules That IBM Did Not Destroy Evidence

UnknowingFool writes "From the latest in the SCO saga, Judge Wells ruled today that IBM did not destroy evidence as SCO claims. During discovery, SCO claims it found an IBM executive memo that ordered its programmers to delete source code, and so it filed a motion to prevent IBM from destroying more evidence. The actuality of the memo was less nefarious. An IBM executive wanted to ensure that the Linux developers were sandboxed from AIX/Dynix. So he ordered them to remove local copies of any AIX code from their workstations so that there would not be a hint of taint. The source code still existed in CVMC and was not touched. Since the source code was still in CMVC, Judge Wells ruled IBM did not destroy it. Incredulously, SCO's Mark James requested that IBM tell SCO how to obtain the information. IBM's Todd Shaughnessy responded that all during discovery (when IBM gave SCO a server with their CMVC database) SCO never once said that they were unable to find that information from CMVC. Judge Wells asked IBM to help SCO out in any way he could."

17 of 163 comments (clear)

  1. D'Oh! by Scott+Lockwood · · Score: 3, Funny

    Pwned!

    Could anything happen at this point that even might help SCO? I really hope we get to move to the summary executions^Hjudgment phase here pretty soon...

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    But this is slashdot. A slashdoter who didn't build his own computer is like a Jedi who didn't build his own lightsaber!
    1. Re:D'Oh! by Baricom · · Score: 3, Funny

      Perhaps the judiciary needs to learn what most Slashdotters already know: feeding the troll solves nothing.

    2. Re:D'Oh! by nmb3000 · · Score: 4, Funny

      Could anything happen at this point that even might help SCO?

      Of course! Just as soon as they figure out the second step they'll be set.

      --
      "What do you despise? By this are you truly known." --Princess Irulan, Manual of Muad'Dib
      /)
  2. Of course, we'd love to help SCO out.... by rewt66 · · Score: 4, Funny

    ... Which way did they come in?

  3. Legalese Translation by mandelbr0t · · Score: 5, Funny

    Judge Wells asked IBM to help SCO out in any way he could. ROFL! This is legalese for "I'm sorry your opponent is incompetent, but we do have to get through the trial." I wonder if they get to send SCO a bill for consulting services rendered.
    --
    "Please describe the scientific nature of the 'whammy'" - Agent Scully
  4. Re:When will it End?!? by cyphercell · · Score: 4, Funny

    This will end when SCO freezes over.

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    Under the influence of Post-Cyberpunk Gonzo Journalism
  5. Re:When will it End?!? by Chris+Burke · · Score: 5, Funny

    Well, if the most dire estimates of global warming are cozy understatments, and we seriously ramp up industrial production, then earth may become uninhabital for humans in a hundred years. Which wouldn't get rid of the lawyers, of course, and maybe not even the people paying them. We won't be around to see it though, which is close enough. I leave my car running in the parking lot, just to do my part.

    Nuclear war is also promising. I think Iran and North Korea are as desperate to seeing this case end as we are.

    Barring that, the Sun will turn into a red giant in about 5 billion years, and that will certainly end things.

    Or SCO could run out of stalling tactics, but seriously, that seems far-fetched.

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    The enemies of Democracy are
  6. Re:Who cares if IBM destroyed evidence by rewt66 · · Score: 5, Funny

    SCO didn't fabricate evidence. If they did, they'd have some...

  7. I'll be glad when this is all over by eclectro · · Score: 4, Funny

    So I can download Linux legally.

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    Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
  8. Two Questions: by erroneus · · Score: 2, Funny

    Anyone care to guess when this will FINALLY be over?

    Where will the party be held?

  9. Re:When will it End?!? by fuzzix · · Score: 4, Funny
    Of course, the MS Astroturf Unit will mod down this into oblivion.
    Lucky for you I read at oblivion... *prepares modpoints*

    Wait... did I just post in this thread? Shit! Sorry, buddy!
  10. Dog ate my homework, or, Wells takes SCO to school by Dachannien · · Score: 2, Funny

    Freshman SCO: Uh, Professor, could I have an extension? I tried to download the assignment, but it said the file wasn't there for some weird reason.
    Professor Wells: *sigh* Okay, fine. One extension, but don't make a habit of this.
    Freshman SCO: Sure, sure. Thanks a lot. Oh, by the way, what server is the assignment on?

  11. Fastest debarrment ever by xenocide2 · · Score: 3, Funny

    "Judge Wells asked IBM to help SCO out in any way he could."

    Maybe this is why I'll never go to law school, but I'd probably respond to that at that point by placing a loaded gun on the table and tell them "Kill yourself. Now."

    --
    I Browse at +4 Flamebait

    Open Source Sysadmin

  12. Re:When will it End?!? by jalet · · Score: 3, Funny

    Your missing the fact that Exxon is not short on money...

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    Votez ecolo : Chiez dans l'urne !
  13. Re:When will it End?!? by Alsee · · Score: 3, Funny

    representing SCO calls into question whether they are acting rationally

    Considering that they have collected a 30 million dollar paycheck for doing it, I would dare say that dancing around naked to the song Don't Worry Be Happy while wearing a jello toupee would qualify as "acting rationally".

    I would assume that the contract between SCO and their lawyers pretty much requires them to continue the case at least far enough to get a ruling. A legal obligation to finish it, lest that paycheck be forfit. My guess is that once they get a ruling, they won't fight on with an appeal without pay. Of course it's quite possibile that someone might arranging to fund an appeal just to drag this mess out.

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    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  14. Re:The Proverbial Wool Over Everyone's Eyes by plankrwf · · Score: 2, Funny

    Dear Sir,

    I am sorry to inform you that the debt owed to you, a total of

    0,02$,

    cannot be payed.
    This is due to some unforseen circumstances beyond our control: it turned out that other claims have been judged higher priority*.

    Kind regards,

    trustee SCO.
    * I am sure you can understand that we had to pay the gentlemen also known as 'Darl' first.

  15. Re:When will it End?!? by samkass · · Score: 2, Funny

    "Any Lawyers in the house have any idea when this case will wrap up?"

    I suspect you'll get the obvious answer from the lawyers: when the money runs out.

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    E pluribus unum