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IBM Subpoenas Microsoft, HP, Sun, and BayStar in SCO Linux Lawsuit

Strategic Insights

— 1 min read

IBM has subpoenaed Microsoft, HP, Sun, and BayStar, asking them to provide documents and depositions related to their dealings with SCO, including Microsoft's business strategy regarding Linux. This latest development in the SCO-IBM lawsuit has sparked excitement among critics of SCO, who believe that Microsoft may have orchestrated BayStar's investment in SCO to fund its legal battles.

Groklaw, a prominent technology law blog, is particularly enthusiastic about the prospects of this new information coming to light, predicting that the subpoenas will reveal compromising evidence of Microsoft's involvement in SCO's affairs. SCO, however, is downplaying the significance of the development, with CEO Darl McBride claiming that the requested information is "just run-of-the-mill deal stuff" with no smoking guns.

Key Takeaways:

  • IBM has subpoenaed Microsoft, HP, Sun, and BayStar for documents and depositions related to their dealings with SCO.
  • The subpoenas target Microsoft's business strategy regarding Linux, SCO's right to Unix and Linux, and BayStar's involvement with SCO.
  • SCO has counter-sued IBM, accusing the company of interfering with its business with major end users and attempting to extract sensitive information from its competitors.
  • SCO believes that IBM, Oracle, HP, Intel, and other companies have conspired to rip off its proprietary technology and intellectual property.
  • The Open Group's Single Unix Specification 2001 and Unix Developer Guide are at the center of SCO's claims against IBM and others.
  • IBM is seeking detailed information on Sun's open-source code, HP's Unix-tinged documents, and Microsoft's communications with SCO since June 2002.
  • BayStar's deposition is set for March 16, with Microsoft, HP, and Sun set to follow on March 14, 15, and 16, respectively.

Statistics:

  • $5 billion: The reported value of SCO's lawsuit against IBM.
  • June 2002: The date from which Microsoft is being asked to provide communications with SCO.
  • May 2003: The date on which SCO CEO Darl McBride is said to have informed Steve Ballmer about SCO's rights to Unix.
  • 1981: The year from which IBM is asking Microsoft to provide documents related to Xenix.
  • 3 years: The period over which IBM is seeking documentation on HP's competition with OpenSource and UnixWare.

Sources:

  • "IBM Subpoenas Microsoft, HP, Sun, and BayStar in SCO Linux Lawsuit" (Groklaw)
  • SCO press release dated [no date mentioned]
  • IBM subpoena of Microsoft (court documents)
  • SCO complaint against IBM (court documents)

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