Feeds

Judge - IBM must pay for Compuware software probe

Digging Down Under

  • alert
  • submit to reddit

Mobile application security vulnerability report

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

The Power of One Brief: Top reasons to choose HP BladeSystem

More from The Register

next story
Stick a 4K in them: Super high-res TVs are DONE
4,000 pixels is niche now... Don't say we didn't warn you
BBC goes offline in MASSIVE COCKUP: Stephen Fry partly muzzled
Auntie tight-lipped as major outage rolls on
Philip K Dick 'Nazi alternate reality' story to be made into TV series
Amazon Studios, Ridley Scott firm to produce The Man in the High Castle
iPad? More like iFAD: We reveal why Apple fell into IBM's arms
But never fear fanbois, you're still lapping up iPhones, Macs
Amazon Reveals One Weird Trick: A Loss On Almost $20bn In Sales
Investors really hate it: Share price plunge as growth SLOWS in key AWS division
Bose says today is F*** With Dre Day: Beats sued in patent battle
Music gear giant seeks some of that sweet, sweet Apple pie
There's NOTHING on TV in Europe – American video DOMINATES
Even France's mega subsidies don't stop US content onslaught
You! Pirate! Stop pirating, or we shall admonish you politely. Repeatedly, if necessary
And we shall go about telling people you smell. No, not really
Too many IT conferences to cover? MICROSOFT to the RESCUE!
Yet more word of cuts emerges from Redmond
prev story

Whitepapers

Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
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.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
Seven Steps to Software Security
Seven practical steps you can begin to take today to secure your applications and prevent the damages a successful cyber-attack can cause.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.