decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Notice of Filing Plaintiff's Exhibits for Use at Hearing on February 6, 2004
Thursday, February 05 2004 @ 11:54 PM EST

Here's the third document SCO filed on February 4, Notice of Filing Plaintiff's Exhibits for Use at Hearing on February 6, 2004. Again, we'll have to wait until we can get the attachments from the courthouse directly. The February 6th hearing is tomorrow. See you then.

Brent O. Hatch (5715)
HATCH, JAMES & DODGE, P.C.
[address, phone, fax]

Stephen N. Zack (admitted pro hac vice)
Mark J. Heise (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address, phone, fax]

Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH


THE SCO GROUP,

Plaintiff,

v.

INTERNATIONAL BUSINESS
MACHINES CORPORATION,

Defendant.

NOTICE OF FILING
PLAINTIFF'S EXHIBITS
FOR USE AT HEARING
ON FEBRUARY 6, 2004


Case No. 03-CV-0294
Hon: Dale A. Kimball
Magistrate Judge Brooke Wells



Plaintiff/Counterclaim Defendant, The SCO Group ("SCO"), hereby files the following exhibits for the court's use and consideration at the hearing on the matters set for hearing on February 6th, 2004:

1.    SCO's Source Log of documents that have been produced.
2.    IBM's Response to SCO's Request for Admissions.
3.    Spreadsheet listing documents sought in SCO's First Request for Production to IBM.
4.    SCO's Notice of Compliance and attached Declaration dated January 12, 2004

DATED this 4th day of February, 2004.

Respectfully submitted,

HATCH, JAMES & DODGE, P.C.
Brent O. Hatch
Mark F. James

BOIES, SCHILLER & FLEXNER, L.L.P.
Stephen N. Zack
Mark J. Heise
David K. Markarian

By: [signature]
Counsel for Plaintiff/Counterclaim defendant


CERTIFICATE OF SERVICE

Plaintiff/Counterclaim Defendant, The SCO Group, hereby certifies that a true and correct copy of the foregoing was served on Defendant International Business Machines Corporation on the 4th day of February 2004, by U.S. Mail to:

David Marriott, Esq.
Cravath, Swaine & Moore LLP
[address]

Donald J. Rosenberg, Esq.
[address]

and HAND-DELIVERED to:

Todd Shaughnessy, Esq.
Snell & Wilmer L.L.P.
[address]

[signature]


Exhibits/ Attachments to this document have not been scanned.
Please see the case file.


  


Notice of Filing Plaintiff's Exhibits for Use at Hearing on February 6, 2004 | 33 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Notice of Filing Plaintiff's Exhibits for Use at Hearing on February 6, 2004
Authored by: Anonymous on Friday, February 06 2004 @ 12:02 AM EST
"SCO's Notice of Compliance and attached Declaration dated January 12,
2004"

Does this mean anything regarding thier so called 'compliance' won't be
admissable since they didn't actually get it all in on the 12th?

[ Reply to This | # ]

News.com jumping the gun or connecting the dots
Authored by: Anonymous on Friday, February 06 2004 @ 12:15 AM EST
News.com headline says sco is adding copyright enfringment.

When you get in the details what it really says is they're amending their
complaint, and since they said they were going to sue for copyright
enfringement, that's what it's going to be.

Also that sco is keeping quiet until after the hearing, when there'll be a press
conference.

GEE, do you think they're planning on saything stuff that will cushion the fall
of their stock price when the judge sends them to the electric chair so to
speak?

[ Reply to This | # ]

SCO Adds Copyright Claims Against IBM
Authored by: nealywilly on Friday, February 06 2004 @ 01:03 AM EST
Hot off Google News:

http://news.com.com/2100-1016_3-5154413.html
http://zdnet.com.com/2100-1104_2-5154413.html

[ Reply to This | # ]

Notice of Filing Plaintiff's Exhibits for Use at Hearing on February 6, 2004
Authored by: Anonymous on Friday, February 06 2004 @ 01:12 AM EST
From Night Flyer

SCO has a consistent opinion: They paid money for the rights to UNIX, and,
therefore, they own it all. Darl apparently believes that this gives SCO all
rights to all derivative works, including Linux. Don't confuse them with facts
or opinions (especially those that don't support their position.)

To SCO, Linus T. is a person with an opinion, but without ownership of anything,
so he can be ignored. The GPL is inconvenient, so it is ignored too, except to
say that it is Un-American, anti-business, unconstitutional and since they
cannot profit by it, detestable.

Darl said that they didn't accept Linus's position that the header files were
written from public domain information (which makes them non-infringing) and I
presume this means that these files are listed as infringing in their lawsuit
with IBM. They also stated that there are 800,000 (or is it 1,000,000) lines of
infringing code in the Linux Kernal.

My question is: If they only claimed the header files and a couple of other
files as infringing (and lost in court), could they then claim some other files
or lines, and re-open the case based on "new evidence" and take on an
easier target than IBM?

I look forward to later today. Keep us informed PJ.

---------------------

Also, I am a regular reader of slashdot (/.). I think that, when postings were
made about SCO, that all the regular readers of /. went to the SCO web site and
browsed.

There is a well documented slashdot effect, which resembles a DDOS. I did, and
maybe I was innocently a part of one or more of the earlier so-called DDOS at
SCO. There was nothing malicious about it, just curiosity.

---------------------

My clan Motto: VERITAS VINCIT ! (Truth Conquers)

[ Reply to This | # ]

Notice of Filing Plaintiff's Exhibits for Use at Hearing on February 6, 2004
Authored by: Arg on Friday, February 06 2004 @ 01:39 AM EST
ZDnet,a notoriously biased toward Microsoft site, is reporting the SCO copyright
infringement ammenment. Does the timing on this have anything to do with recent
drops in the price of SCO's stock?
Just wondering.
Arg

[ Reply to This | # ]

Notice of Filing Plaintiff's Exhibits for Use at Hearing on February 6, 2004
Authored by: Anonymous on Friday, February 06 2004 @ 09:21 AM EST
What is the practical limit of filings and complaints that SCOX can file
considering SCOX lack of specificity before the court begins to assume that
SCOX really has no case and is using the court system for other purposes
than settling a dispute?

[ Reply to This | # ]

Hey PJ...I know you're busy...BUT...
Authored by: Anonymous on Friday, February 06 2004 @ 10:50 AM EST

...hey PJ...

Do you think that you could add SCO's stock ticker to one of your web page
columns. Everyone keeps bringing up SC0's daily churn on the stock market and I
(for one) would like to be able to see their current price with just a click.

Case for stock ticker for your honorable PJ...

Fact #1: Everyone keeps bringing it up but they do not mention the actual
price. [ie. very bad for an information site like yours...:) ]

Fact #2: HELLO...you are SCO Central! I come here several times a day and
can't get enough!

I hope these two indisputable facts lead you to put the ticker on your web
page...:)


P.S. Thanks!



[ Reply to This | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )