Text 9952, 79 rader
Skriven 2006-02-22 17:16:10 av Mike '/m' (1:379/45)
Ärende: IBM Subpoenas Microsoft! Sun! Baystar and HP!
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From: Mike '/m' <mike@barkto.com>


http://www.groklaw.net/article.php?story=20060221220214214

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Hold on to your hats! IBM has subpoenaed Microsoft! And Sun! At last, we're
getting to the core of the matter. We're going to get to find out the whole
story. I'd pay for this. No kidding. Feast your eyes on these and don't skip
the topics for deposition:
  Plaintiff IBM's Notice of Service of Subpoenas Duces Tecum - yes,
     plaintiff for the countercharge...oops, I meant counterclaims
  Exhibit A - HP's (deposition set for March 15, 9 AM)
  Exhibit B - Baystar's (deposition set for March 16, 9 AM)
  Exhibit C - Microsoft's (deposition set for March 14, 9 AM)
  Exhibit D - Sun's (deposition set for March 7, 9 AM)

If anyone has time to do a plain text of the topics, I'd appreciate the help.
What a day.

I love Sun's. Among other things, IBM would like to have them testify about
such matters as "restrictions or prohibitions on Sun employees having access to
any UNIX product, including, but not limited to, its source code." And they'd
like to hear all about all communications between Sun and SCO since June 28,
2002 (isn't that the date Darl joined SCO as CEO?), including any chats about
any software licensing agreements and what Darl said to Scott McNealy in May of
2003 regarding SCO's rights to the UNIX operating system and "discussions of
business opportunities between SCO and Sun." Oh, and involvement by Sun in the
development of Linux.

IBM would like Baystar to hand over documents about any communication between
Baystar and Microsoft regarding SCO, IBM or the SCO v IBM litigation and all
documents regarding agreements between Baystar and SCO and all documents
regarding Baystar's investment in SCO, and all documents concerning Baystar's
knowledge of SCO's business". Say, that should be easy for a "pure financial
animal".

Microsoft, Microsoft, Microsoft. Do tell IBM all about any agreements between
Microsoft and SCO, and all communications or agreements relating to SCO or this
litigation, including all communications between Microsoft and SCO since June
28, 2002, including Darl's communication in May of 2003 "with Steven Ballmer
regarding SCO's rights to the UNIX operating system". Oh, and IBM would like to
hear about "Microsoft's business strategy regarding Linux", and they'd like to
chat about the Caldera antitrust litigation against Microsoft too. Me, too. Me,
too. Now about those shredded documents... And finally, they'd like "all
communications or agreements relating to SCO or this litigation, including all
communications with Baystar, Royal Bank of Canada, and Everyone's Internet,
Ltd."

Yoo hoo. PIPE Fairy. Hope you like sunshine.

As for HP, IBM would like to see their contract licensing them to use UNIX.
They'd like to know about any restrictions on employees having access to UNIX
source code and all documents concerning "any agreements relating to any
Hewlett-Packard software product involving Hewlett-Packard and AT&T, USL,
Novell, Santa Cruz, Tarantella, or SCO." And any documents regarding any open
sourcing of any HP UNIX product and all documejnts concerning the origin of any
UNIX source code "publicly disclosed or open sourced by Hewlett-Packard." And
they would like to see, or hear about, any agreements between SCO and HP.
They'd like to know more about the indemnification plan of HP's also. And this
is interesting, number 12:
12. All documents concerning any efforts to ensure or maintain the secrecy or
confidentiality of any UNIX source code, know-how, concepts, techniques, or
methods, including but not limited to: (a) any rule, policy, practice or
procedure relating to the confidentiality or secrecy, or lack of
confidentiality or secrecy, of any UNIX source code, know-how, concepts,
techniques, or methods; any breach of any such rule, policy, practice or
procedure; (c) the use by any person of any UNIX source code, know-how,
concepts, techniques,, or methods; and (d) the disclosure or availability of
any UNIX source code, know-how, concepts, techniques, or methods to any person.

I begin to think that every question we've had, we will finally get to know the
answer....
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  /m<Herman Miller's gonna be flying in Redmond tonight...>

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