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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."

5 of 163 comments (clear)

  1. When will it End?!? by nonsequitor · · Score: 5, Insightful

    This is great news for Linux, but is there even an end in sight for this case? I know if its not done right it could unleash years of appeals as well. Any Lawyers in the house have any idea when this case will wrap up?

    1. Re:When will it End?!? by viking80 · · Score: 5, Insightful

      ..and the probability that the trustee decides to stop throwing money down the legal rathole...

      This is not all SCOs money. SCO has an agreement with the attorneys that they not be paid by the hour. They will get a majority of the settlement against IBM instead.

      So far they have gotten nothing for years of work. They are probably fairly desperate, and willing to do anything.

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      don't cut it off www.mgmbill.org
    2. Re:When will it End?!? by inode_buddha · · Score: 4, Insightful

      Not true. SCO's lawyers have been paid 30 million up front, the fees were capped.

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      C|N>K
  2. Oh, the lack of observation. by cyphercell · · Score: 5, Insightful

    SCO had the memo that said the code was on the CMVC server. They were handed the CMVC server, and apparantly never looked or verified the contents of the memo before claiming it as evidence of deleted code. SCO was trying to pass yet another one over on the Judge, this is painfully idiotic.

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    Under the influence of Post-Cyberpunk Gonzo Journalism
  3. No room for appeals. by Darlantan · · Score: 5, Insightful

    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). Giving them all the rope they want to hang themselves with, as it were. Let's hope it works.

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    Fill in your four or five-letter word of wisdom here _ _ _ _ _.