Slashdot Mirror
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."
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?
... Which way did they come in?
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.
Under the influence of Post-Cyberpunk Gonzo Journalism
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.
Fill in your four or five-letter word of wisdom here _ _ _ _ _.
"Please describe the scientific nature of the 'whammy'" - Agent Scully
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.
SCO will soon be bankrupt. That moves out Darl and co. and moves in the bankruptcy trustee. The trustee will not spend a penny more on litigation. The trustee and the creditors (Novell and IBM) will agree on terms and all the issues will be settled pretty much to IBM/Novell's satisfaction.
The issues probably can't raise their head ever again, no matter who is found to own the Unix copyrights. In particular, Novell is forestalled from raising them because it has argued against them in court and there's a rule about not saying contradictory things in two different courts. So, when it's over, it's over.
SCO didn't fabricate evidence. If they did, they'd have some...
So I can download Linux legally.
Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
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
/)
In 35 years before the bar, I never met a "typical judge". Each judge has his or her own limit of BS they'll tolerate. On a wider scale, though, it's plain from the SCO dodge-and-weave that they got nut n' honey. The judge is clearly no fool, but does not want to wallow this pig twice. IMHO, at this point you're seeing her accommodate SCO's pride, allowing them to vent the last of their spleen before granting Summary Judgment. The case appears to be over. The judge is now doing damage control.