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Judge Rules That IBM Did Not Destroy Evidence

Posted by Zonk on from the good-for-them dept.

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."

9 of 163 comments (clear)

  1. Re:When will it End?!? by rewt66 · · Score: 4, Informative

    Define "wrap up".

    It will begin to wrap up in March, with the hearings on the partial summary judgment motions. Those will be ruled on eventually (maybe somewhere between May and August, but I could be optimistic).

    Final wrap up is when the Supreme Court has declined to hear the appeal. Realistically (if SCO appeals it that far, which, according to current pattern they will), that will be in three to five years. It may not go that far, because of the near certainty that SCO goes bankrupt before then, and the probability that the trustee decides to stop throwing money down the legal rathole.

    Disclaimer: IANAL.

  2. incredulous != incredible. by smellsofbikes · · Score: 4, Informative

    Mark James was certainly not incredulous. Judge Wells probably was. Anyone who reads about it, probably is.
    Incredible: hard to believe. Incredulous: a person who finds something hard to believe.

    I know I shouldn't be harping on about these kinds of things, but it's a common error and maybe someone will learn something.

    --
    Nostalgia's not what it used to be.
    1. Re:incredulous != incredible. by McFadden · · Score: 2, Informative
      Actually, your correction needs some correction.

      What he was doing was incredible to everyone else. Not incredulous. And it's an adjective, not an adverb.

      It's true to say that due to years of misuse a number of dictionaries have lately introduced this definition, but historically speaking 'incredulous' was not intended for the usage you described, and it's best to avoid it if you don't want to appear a little ignorant. You could also say, what he was doing caused 'incredulity' to everyone else.

      (IANALBIAAET - I am not a lawyer, but I am an English teacher)

  3. Re:No room for appeals. by stevesliva · · Score: 5, Informative
    I think Judge Wells sees what is going on and is giving SCO pretty much whatever they want, just to make sure they've got no grounds to appeal when he slaps them down (hopefully soon)
    I agree. Except she's a not a he.
    --
    Who do you get to be an expert to tell you something's not obvious? The least insightful person you can find? -J Roberts
  4. Re:When will it End?!? by stevesliva · · Score: 4, Informative
    True. Today they asked how to use CMVC. 3 months later, they will say that IBM did not tell them how to open the file, or did not provide a text editor to read the files.
    In disclosure, like 87 years ago, IBM provided them with a physical server with CMVC installed so that they could browse the code in all its versioned glory to their hearts content without even having to install CMVC. And that's good, because installing CMVC is probably as easy as playing wiffleball in a hurricane. But the point is that SCO has had access to this information for years-- they just didn't care to go looking for it.
    --
    Who do you get to be an expert to tell you something's not obvious? The least insightful person you can find? -J Roberts
  5. Re:When will it End?!? by SpaceLifeForm · · Score: 4, Informative
    Not only did they provide a server, they also provided documentation, and even some simple scripts.

    Link

    --
    You are being MICROattacked, from various angles, in a SOFT manner.
  6. Re:No room for appeals. by nuzak · · Score: 2, Informative

    Judge Brooke Wells: she
    Judge Dale Kimball: he

    Judge Wells is actually the magistrate judge appointed by Kimball to do the majority of pretrial work. She can and has made partial summary judgements from the bench, but it's ultimately going to be up to Judge Kimball to throw it out summarily. And that's looking more and more likely.

    So the first thing SCO will do, as they always do, is go over Judge Wells's head and go to Judge Kimball to ask him to review the decision ... and he'll be about as sympathetic as granite. But it's what they always do, and I doubt they're going to break the pattern this time around either.

    --
    Done with slashdot, done with nerds, getting a life.
  7. Re:D'Oh! by Anonymous Coward · · Score: 1, Informative
    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.
    you mean the underpants gnomes patented system to make you money?

    Step 1: Sue IBM
    Step 2: ...
    Step 3: Profit!
  8. Re:When will it End?!? by CCFreak2K · · Score: 2, Informative

    ...the Sun will turn into a red giant...

    Sun already turned into a giant.

    --
    "Beware of he who would deny you access to information, for in his heart he dreams himself your master."