Linked by Eugenia Loli on Sat 6th Dec 2003 19:42 UTC, submitted by Tom Curtis
SCO, Caldera, Unixware IBM won a tactical victory Friday in a legal battle with SCO Group when a judge ordered SCO to show within 30 days the Linux software to which it believes it has rights and to point out where it believes IBM is infringing.
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Re: SCO's motions denied
by Mephisto on Sun 7th Dec 2003 01:07 UTC

Does anyone else think this is a bad thing and reeks of curruption? How the hell is SCO supposed to find code that's been copied into Linux if IBM won't give it the AIX sources?

One thing to keep in mind is that is not quite how discovery works. Whem you accuse somebody of a crime, or in this case breach of contract, it is presumed that you have some evidence which led you to this conclusion. It is notthe job of discovery to give you the scope of your case, though it can help refine and prove your case.

Put another way IBM is asking SCO to show them what brought SCO to the conclusion that IBM was in breach of contract and/or whatever else SCO is accusing. As of this moment SCO has not shown any proof nor have they even deliniated with any specificity exactly what they are accusing IBM of. It is reasonable for IBM to expect to be told exactly what they are going to court about before they give SCO the pertinent discovery.