SCO running out of time to keep lid on code

By Matt Whipp

Posted on 3 Nov 2003 at 12:31

Judge sets 'discovery' deadline at Hallowe'en meeting.

The administrative Judge handling the SCO case has told the company that if it doesn't have a good reason for not meeting IBM's requests for documents so that it can build its defence and counterclaim cases, the issue will go to discussion which is likely to result in SCO being compelled to do so.

Of course, at the heart of these requests is the specific code that SCO alleges IBM used in building its AIX version of Unix and then 'misappropriated' into Linux.

The Motion to Compel Discovery will be argued on 5 December if the Judge isn't satisfied that SCO hasn't done what it can to meet IBM's requests by a conference to be held 21 November.

Paralegal Pamela Jones, who is providing a layman's diary of the intricacies of the case through her GrokLaw site, said: 'It's a kind of a warning that they've delayed as long as they can get away with. Oral arguments on a Motion to Compel - well, that is, to say the least, what you want to avoid, if you are SCO.'

IBM has filed a third set of interrogatories and requests for documents from SCO.

IBM has also subpoenaed Baystar, Deutsche Bank, Renaissance Research Group and Yankee Group to appear as witnesses during the case. BayStar Capital is an investment firm that recently spent $50mn on convertible SCO shares. The middle two have recommended SCO as a growth company and a worthwhile investment. The Yankee Group is a research company that has given merit to SCO's claims.

In IBM's counterclaim it alleges that SCO misled Deutsche Bank analysts and 'falsely stated that IBM transferred the NUMA code from Sequent to Linux without any legal basis to do so and that IBM's actions were giving rise to about $1 billion in damages per week. In an interview in June 2003 with Client Server News, SCO misrepresented to analysts that IBM has improperly released "truckloads" of code into the open-source community'.