Update: IBM subpoenas Microsoft, Sun and HP in SCO case

It wants to know more about those companies' communications with SCO

By Todd R. Weiss

February 23, 2006 12:00 PM ET

Computerworld - IBM has sent subpoenas to competitors Microsoft Corp., Hewlett-Packard Co., Sun Microsystems Inc. and venture capital company Baystar Capital Management LLC as it prepares its defense in the almost three-year-old, $5 billion lawsuit filed against it by Unix vendor The SCO Group Inc.

The move is apparently aimed at helping IBM determine more about the relationships SCO had with the other companies -- and how those relationships might have affected SCO’s suit against IBM.

SCO sued IBM in March of 2003, alleging that IBM illegally copied Unix code -- which it claims to own -- into the Linux open-source project (see "SCO sues IBM for $1B in intellectual property fight"). SCO says it has owned the rights to the Unix operating system since 1995 through a series of mergers and purchases. The original lawsuit sought $1 billion in damages, but that figure has increased to $5 billion in the ensuing years.

The subpoenas, issued Tuesday and available on the Groklaw Web site (download PDF files), seek numerous details from the companies. The documents and other records are being subpoenaed for delivery to IBM on March 7. Depositions are being scheduled with the four companies from March 7 through 15.

From Microsoft, IBM is seeking 15 categories of documents and information, including contract details relating to any Unix products involving Microsoft and companies that formerly owned the rights to Unix, such as AT&T Inc., Novell Inc. and the former Santa Cruz Operation, as well as information on any royalties Microsoft paid for any Unix products. IBM also wants all documents concerning the origin of any Unix source code that has been publicly disclosed or contributed as open-source by Microsoft, all documents concerning communications between Microsoft and SCO since June 28, 2002, and all documents concerning any agreements between Microsoft and SCO. IBM also wants documents related to Microsoft’s business strategy regarding Linux and any contracts related to Unix or Linux.

From Sun, IBM wants documents and information in 18 categories, including agreements or licenses between Sun and SCO related to Unix code, as well as information on royalties paid by Sun for Unix use. IBM also wants all documents concerning open-source contributions of any Sun products, as well as public disclosure by Sun of the source code for any Sun Unix products. IBM is also asking for all documents regarding competition between Sun’s Solaris Unix operating system and SCO’s UnixWare and OpenServer Unix operating systems. In addition, IBM has asked about any plans or decisions by Sun to indemnify its customers in regard to SCO’s alleged rights to the Unix operating system.

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