Message ID: 258407
Posted By: al_petrofsky
Posted On: 2005-04-21 13:53:00
Subject: Wells reduces 3000 files to 100 ...

... for now, at least.

Magistrate Wells made an order on
Tuesday partially granting IBM's motion
for reconsideration of her January
order. See

Rather than produce documents from the
files of the 3000 most prolific AIX and
Dynix developers, IBM need only
initially produce the files from the top
100. The 100 files need to be produced
within 90 days (by July 18).

She goes along with IBM's argument that
after SCO reviews the code and the 100
files, SCO will be better able to decide
which other developers' files will be
relevant, and SCO might then be able to
provide a list, much shorter than 2900,
of the additional developers whose files
SCO would like to see.

However, the order appears to say that
if, after reviewing the code and the 100
files, SCO decides it still wants to see
all 3000 files, then IBM will be
obligated to produce all 3000:

> the court does not at this time strike
> its prior requirement that IBM produce
> the documents from the files "for the
> 3000 individuals who made the most
> contributions and changes to the
> development of AIX and Dynix."
> Instead, the court finds it
> appropriate to defer the majority of
> the required production ...

> the court hereby ORDERS IBM to produce
> the programmer's notes, design
> documents, white papers, comments and
> notes, contact information, specific
> changes made to code, and all relevant
> non-priviliged documents from the
> files of the 100 individuals who made
> the most contributions and chnages to
> the development of AIX and Dynix. ...

> SCO can then identity [sic] additional
> developers "from whose files it would
> like additional production and IBM can
> then provide the information . . . ."
> IBM is to provide the information from
> these 100 individuals within 90 days
> from the date of this order.

Message ID: 258466
Posted By: laughing_vergil
Posted On: 2005-04-21 15:51:00
Subject: MOG raves over court decision!

And it's a good one. She is hollering at the top of her lungs about the fact that Judge Wells reiterated that IBM has to produce all non-public info about Linux contributions.


IBM already has (except, possibly, for the small amendment added, wherein if any contributions have been made by a named group [e.g. The Alpha group at IBM], the individual members of the gorup must be listed.)

This should take IBM until, say, next Tuesday to be able to certify thier compliance.

And MOG is extatic. She sure is easy to please.

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