IP-WARS.NET || Comments || Order Regarding SCO'S Renewed Motion To Compel Discovery

Order Regarding SCO'S Renewed Motion To Compel Discovery | 13 comments (12 topical, 1 editorial, 1 hidden)

Re: Order Regarding SCO'S Renewed Motion To Compel (3.71 / 7) (#7)
by stewart on Thu Jan 20th, 2005 at 17:24:53 EST
(User Info)

Judge Wells >"In contrast to IBM's argument this protection may even extend to
"homegrown" code depending on the interpretation of the
contract."

Why no mention of the 1985 side letter? The
contract is clearly clarified in the document and the judge seems to have just
ignored it. IBM appears to own it's code, Not SCO.

Side Letter >"we agree that modifications and derivative works prepared by or for you
are owned by you. However, ownership of any portion or portions of SOFTWARE
PRODUCTS included in any such modification or derivative work remains with
us."

So what exactly does she not understand about this. It appears to be plain english without any need for interpretation. If it has no SYSV it is not protected by the contract.
So the judge decides that all of AIX/Dynix needs to be produced. I would have thought that after months of deliberation that she could see this or is it the "Batting for the home team" Advantage that SCO have been hoping for?

IANAL etc

Re: Order Regarding SCO'S Renewed Motion To Compel by total insanity, 01/20/2005 20:04:12 EST (3.83 / 6)
Re: Order Regarding SCO'S Renewed Motion To Compel by br3n, 01/22/2005 23:48:18 EST (3.50 / 4)

Order Regarding SCO'S Renewed Motion To Compel Discovery | 13 comments (12 topical, 1 editorial, 1 hidden)

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