Feeds

IBM didn't destroy SCO code evidence, rules judge

Another setback for SCO

Top 5 reasons to deploy VMware with Tegile

IBM did not destroy crucial evidence in its long-running dispute with The SCO Group, a judge has ruled.

SCO claimed IBM had destroyed materials last year, but the US judge has ruled that the evidence was actually provided to SCO some time ago.

The decision is the latest in a long line of setbacks for SCO, which is claiming that IBM put some material from the Unix operating system into the open source Linux system. SCO owns some intellectual property rights in Unix and is suing for copyright infringement.

SCO is claiming damages that it has said could reach $5bn in its case against IBM. IBM denies SCO's claims and recent rulings in the complicated case have gone IBM's way.

Last summer Magistrate Judge Brooke Wells limited SCO's claims, throwing out 187 of the 294 items on an SCO list of materials misused by IBM. Wells said that the company had not provided sufficient evidence to back its claims, and the decision was subsequently backed by Judge Dale Kimball in a Utah District Court.

Wells has now ruled that SCO's motion claiming "IBM's spoliation of evidence" is denied. SCO had argued that an IBM email ordered programmers to destroy software code, and that IBM had relied on software that belonged to it in developing its system.

According to Groklaw, which has been following the entire case, SCO's Mark James said he accepted that there was in fact not destruction of code but evidence of programmers' reliance on software which itself contained some SCO-owned Unix code in its development of Linux.

IBM said it had not destroyed any code, nor any records of what code was used in the development of Linux. In fact, it said, it had provided exactly that information to SCO. It was contained within a configuration management and version control (CMVC) machine which IBM provided to SCO during discovery.

IBM's lawyer said that a huge amount of time and effort had been expended on putting together that system and providing it to SCO in the discovery part of the trial, but that it appeared that SCO had not even used it, Groklaw said.

SCO then asked the judge to make IBM tell it where in the massive CMVC machine the relevant information was. IBM said it was reluctant to do so, but Wells asked it to reconsider in the spirit of co-operation.

Copyright © 2007, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

Related link

SCO's Linux lawsuit gutted by judge

Beginner's guide to SSL certificates

More from The Register

next story
Facebook pays INFINITELY MORE UK corp tax than in 2012
Thanks for the £3k, Zuck. Doh! you're IN CREDIT. Guess not
DOUBLE BONK: Testy fanbois catch Apple Pay picking pockets
Users wail as tapcash transactions are duplicated
Happiness economics is bollocks. Oh, UK.gov just adopted it? Er ...
Opportunity doesn't knock; it costs us instead
YARR! Pirates walk the plank: DMCA magnets sink in Google results
Spaffing copyrighted stuff over the web? No search ranking for you
In the next four weeks, 100 people will decide the future of the web
While America tucks into Thanksgiving turkey, the world will be taking over the net
Microsoft EU warns: If you have ties to the US, Feds can get your data
European corps can't afford to get complacent while American Big Biz battles Uncle Sam
prev story

Whitepapers

Choosing cloud Backup services
Demystify how you can address your data protection needs in your small- to medium-sized business and select the best online backup service to meet your needs.
Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Storage capacity and performance optimization at Mizuno USA
Mizuno USA turn to Tegile storage technology to solve both their SAN and backup issues.