Feeds

IBM didn't destroy SCO code evidence, rules judge

Another setback for SCO

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

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

Designing a Defense for Mobile Applications

More from The Register

next story
Adam Afriyie MP: Smart meters are NOT so smart
Mega-costly gas 'n' 'leccy totting-up tech not worth it - Tory MP
Just TWO climate committee MPs contradict IPCC: The two with SCIENCE degrees
'Greenhouse effect is real, but as for the rest of it ...'
'Blow it up': Plods pop round for chat with Commonwealth Games tweeter
You'd better not be talking about the council's housing plans
Arrr: Freetard-bothering Digital Economy Act tied up, thrown in the hold
Ministry of Fun confirms: Yes, we're busy doing nothing
ONE EMAIL costs mining company $300 MEEELION
Environmental activist walks free after hoax sent share price over a cliff
Help yourself to anyone's photos FOR FREE, suggests UK.gov
Copyright law reforms will keep m'learned friends busy
Apple smacked with privacy sueball over Location Services
Class action launched on behalf of 100 million iPhone owners
UK government officially adopts Open Document Format
Microsoft insurgency fails, earns snarky remark from UK digital services head
prev story

Whitepapers

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.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
Application security programs and practises
Follow a few strategies and your organization can gain the full benefits of open source and the cloud without compromising the security of your applications.
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.
Securing Web Applications Made Simple and Scalable
Learn how automated security testing can provide a simple and scalable way to protect your web applications.