Feeds

Judge - IBM must pay for Compuware software probe

Digging Down Under

  • alert
  • submit to reddit

Secure remote control for conventional and virtual desktops

Compuware Corp. today has claimed a small victory in its lawsuit against IBM over software IP (intellectual property) issues with a court ordering IBM to pay costs related to the discovery of evidence.

Oddly, Compuware only today issued a statement about its "win" even though Magistrate Wallace Capel Jr. in Michigan delivered his order on Sept. 15. The judge sanctioned IBM for probable "gross negligence" in looking into software piracy issues. He also moved the trial date from November to January.

Compuware first filed the lawsuit against IBM in March of 2002. It claimed that IBM had copied its software tools and then used a monopoly position in the mainframe market to compete unfairly on software sales.

Compuware is upset that IBM claimed not to have the original source code of the software in question only to discover the code shortly before the matter was to go to trial. Court filings show that IBM had a tough time locating the old code, finding it eventually on a mainframe sitting in Perth, Australia. The judge took Compuware to task for continually filing emergency motions in the case and chastised IBM for what seemed to be delay tactics.

"IBM is going to pay the cost for this motion," the judge said. "They're going to pay the cost for the re-depositions of those and for the cost of the analysis on it."

IBM charged that Compuware put out a release about the decision at such a late date because it wants to "try the case in the media," according to the AP. IBM has filed six counterclaims against Compuware for patent infringement. ®

Related stories

Compuware sues Moody's over rating
False start for Java tools interoperability
Compuware launches antitrust suit against IBM

Next gen security for virtualised datacentres

More from The Register

next story
6 Obvious Reasons Why Facebook Will Ban This Article (Thank God)
Clampdown on clickbait ... and El Reg is OK with this
Banking apps: Handy, can grab all your money... and RIDDLED with coding flaws
Yep, that one place you'd hoped you wouldn't find 'em
No, thank you. I will not code for the Caliphate
Some assignments, even the Bongster decline must
Barnes & Noble: Swallow a Samsung Nook tablet, please ... pretty please
Novelslab finally on sale with ($199 - $20) price tag
Ballmer leaves Microsoft board to spend more time with his b-balls
From Clippy to Clippers: Hi, I see you're running an NBA team now ...
Video of US journalist 'beheading' pulled from social media
Yanked footage featured British-accented attacker and US journo James Foley
Primetime precrime? Minority Report TV series 'being developed'
I have to know. I have to find out what happened to my life
Broadband slow and expensive? Blame Telstra says CloudFlare
Won't peer, will gouge for Internet transit
Netflix swallows yet another bitter pill, inks peering deal with TWC
Net neutrality crusader once again pays up for priority access
prev story

Whitepapers

A new approach to endpoint data protection
What is the best way to ensure comprehensive visibility, management, and control of information on both company-owned and employee-owned devices?
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Maximize storage efficiency across the enterprise
The HP StoreOnce backup solution offers highly flexible, centrally managed, and highly efficient data protection for any enterprise.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.