Feeds

Hand over the code, judge tells IBM

SCO gets lots of source, plus a football lesson

  • alert
  • submit to reddit

High performance access to file storage

The SCO Group has secured a legal victory over IBM with a judge ordering IBM to reveal all of its versions of AIX and Dynix and documentation of any changes made to the software.

While SCO was granted this crucial part of its request, it lost out in a bid to see IBM's Configuration Management Version Control (CMVC) and Revision Controls System (RCS) - both of which are used to track alterations to IBM's software. Should IBM fail to provide all versions of AIX and Dynix by March 18, it will be forced to give SCO access to CMVC and RCS, said US Magistrate Judge Brooke Wells.

"SCO has much to gain by showing that any so called homegrown code allegedly within the purview of the contract ended up in Linux," the judge wrote. "In equal respect, IBM's case will be strengthened tenfold if IBM can show that notwithstanding possible contract protections, homegrown code provided no basis for the code that IBM eventually contributed to Linux."

The judge also gave IBM a break with regard to the amount of programmer's notes it must provide to SCO. Instead of interviewing a whopping 7,200 individuals, IBM will only have to query the 3,000 people who made the most contributions and changes to AIX and Dynix. IBM must turn over all of the programmer's notes, design documents and white papers, along with contact information for these individuals.

The judge also postponed a decision on whether or not IBM will have to turn over documents from its top executives relating to the case.

Both SCO and IBM were warned to improve their behavior in this case.

"There have been abundant accusations of stonewalling in this case by both parties," the judge wrote. "While the court assumes the good faith of all litigants before it, the court, nevertheless, urges both sides to renew their efforts in cooperating with each other."

In a rather odd twist, the judge drifted off into a football history lesson. The judge, in a footnote, compared both SCO and IBM to "two-way" football players that used to work on both offense and defense.

"Although some modern players are considered 'two-way' players, few can match the legendary ironmen from football's past who often played on both offense and defense the entire game. Hall of Famer Mel Hein is the perfect example. This New York Giants' star was one of the most durable players in NFL history. He played 15 seasons going for 60 minutes a game without nearly any rest. Amazingly, he called for a timeout just once in his career. The timeout was used to repair his broken nose."

We're sure SCO and IBM will take that important lesson to heart.

The full decision is available here in PDF format. ®

Related stories

Software patents: the fight in Europe
Novell's MS complaint: we wuz robbed
SCO not sure pro-SCO site is a good idea
SCO's profit turns to loss as Q3 revenue tumbles
IBM threatens SCO with GPL hearing

High performance access to file storage

More from The Register

next story
Windows 8.1, which you probably haven't upgraded to yet, ALREADY OBSOLETE
Pre-Update versions of new Windows version will no longer support patches
Android engineer: We DIDN'T copy Apple OR follow Samsung's orders
Veep testifies for Samsung during Apple patent trial
OpenSSL Heartbleed: Bloody nose for open-source bleeding hearts
Bloke behind the cockup says not enough people are helping crucial crypto project
Microsoft lobs pre-release Windows Phone 8.1 at devs who dare
App makers can load it before anyone else, but if they do they're stuck with it
Half of Twitter's 'active users' are SILENT STALKERS
Nearly 50% have NEVER tweeted a word
Windows XP still has 27 per cent market share on its deathbed
Windows 7 making some gains on XP Death Day
Internet-of-stuff startup dumps NoSQL for ... SQL?
NoSQL taste great at first but lacks proper nutrients, says startup cloud whiz
US taxman blows Win XP deadline, must now spend millions on custom support
Gov't IT likened to 'a Model T with a lot of things on top of it'
Microsoft TIER SMEAR changes app prices whether devs ask or not
Some go up, some go down, Redmond goes silent
prev story

Whitepapers

Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
HP ArcSight ESM solution helps Finansbank
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Mobile application security study
Download this report to see the alarming realities regarding the sheer number of applications vulnerable to attack, as well as the most common and easily addressable vulnerability errors.