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
IBM-477 - Ron Saint Pierre Memo - Exhibit 10 to Evans Declaration
Wednesday, August 24 2005 @ 04:19 AM EDT

And we're off and running with the transcriptions of the newly redacted SCO documents. This is Exhibit 10 to the Declaration of Jeremy O. Evans in Support of SCO's Reply Brief in Further Support of its Supplemental Memorandum Regarding Discovery, #477 on the docket. Our thanks to chotchki for doing it for us. It's his first time volunteering, so welcome aboard. He had to view it at 300% just to make it out, so he picked a hard one. Happily it's short. If anyone can figure out why SCO offered this exhibit, please inform the rest of us. It looks to me like it proves IBM's point, that IBM did in fact sincerely try to get Project Monterey airborne.

*************************

Brent O. Hatch (5715)
Mark F. James (5295)
HATCH, JAMES & DODGE
[address, phone, fax]
Robert Silver (admitted pro hac vice)
Edward Normand (admitted pro hac vice)
Sean Eskovitz (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address, phone, fax]
Stuart H. Singer (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address, phone, fax]
Stephen N. Zack (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address, phone, fax]
Attorneys for The SCO Group, Inc.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH

______________________________________

THE SCO GROUP, INC.

Plaintiff/Counterclaim-Defendant,

v.
INTERNATIONAL BUSINESS
MACHINES CORPORATION

Defendant/Counterclaim-Plaintiff.

EXHIBIT 10 TO THE DECLARATION
OF JEREMY O. EVANS IN SUPPORT
OF SCO'S REPLY BRIEF IN
FURTHER SUPPORT OF ITS
SUPPLEMENTAL MEMORANDUM
REGARDING DISCOVERY

[Docket No. 317]


(REFILED IN REDACTED FORM)
Case No. 2:03CV0294DAK
Honorable Dale A. Kimball
Magistrate Judge Brooke C. Wells

1

[handwritten: Toronto's Approval

(negative confirmation)]

Ron Saint Pierre
06/12/2000 10:06 AM
To: Helene Armitage/Austin/IBM@IBMUS
cc: Teri Hunt/Austin/IBM@IBMUS, Sharon Dobbs/Austin/IBM@IBMUS, Terry Mc Elroy/Toronto/IBM@IBMCA
From: Ron Saint Pierre/Austin/IBM@ibmus
Subject: Approve additional ISVs for Monterey Beta Program
Importance: Urgent

Helene, Sharon - please approve the following ISVs for inclusion in the Monterey Beta program. Some of these companies are nominated by IBM, some by Bull, and one by Intel. The nominating company provides first-level support.
Teri - the detailed company info from the Bull and Intel nominees is appended below.
Terry - your approval is assumed if I don't hear from you in 48 hours.


Nominated by IBM:
Storix
Compuware
Facet Corp.
Scriptics Corp.

Nominated by Bull:
Eastman Software
DST Innovis
BEA Software

Nominated by Intel:
Infosec Technologies Company

REDACTED

AT IBM'S REQUEST


CONFIDENTIAL 1710057360

2

REDACTED

AT IBM'S REQUEST


Ron Saint Pierre [phone]
Manager, Monterey OEM/IHV Support and Diagnostics
Austin, Tx. 78758
CONFIDENTIAL 1710057361

3

CERTIFICATE OF SERVICE


Plaintiff/Counterclaim Defendant, The SCO Group, Inc., hereby certifies that a true and correct copy of the foregoing was served on Defendant IBM on the 5th day of July, 2005 by U.S. Mail to:


David Marriot, Esq.
CRAVATH SWAINE & MOORE LLP
[address]

Donald Rosenberg, Esq.
[address]

Todd Shaughnessy, Esq.
SNELL & WILMER LLP
[address]

___[signature of Laura K. Chaves]____

  


IBM-477 - Ron Saint Pierre Memo - Exhibit 10 to Evans Declaration | 147 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
IBM-477 - Ron Saint Pierre Memo - Exhibit 10 to Evans Declaration
Authored by: Anonymous on Wednesday, August 24 2005 @ 01:22 PM EDT
Perhaps some of the beta testers has offered testimony in SCO's favour?

[ Reply to This | # ]

IBM-477 - Ron Saint Pierre Memo - Exhibit 10 to Evans Declaration
Authored by: Peter H. Salus on Wednesday, August 24 2005 @ 01:22 PM EDT

Well, here we are! A totally content-free
exhibit.

My guess is that someone came across a memo
that mentioned "Monterey." "Wow! It must be
important," exclaimed the SCOG expert.

---
Peter H. Salus

[ Reply to This | # ]

IBM-477 - Ron Saint Pierre Memo - Exhibit 10 to Evans Declaration
Authored by: Anonymous on Wednesday, August 24 2005 @ 01:29 PM EDT
Don't get too excited -- we have no idea what was redacted...

[ Reply to This | # ]

OT, HERE
Authored by: waltish on Wednesday, August 24 2005 @ 01:30 PM EDT
Make clickable Links.

w

---
To speak the truth plainly and without fear,Is powerfull.

[ Reply to This | # ]

IBM-477 - Ron Saint Pierre Memo - Exhibit 10 to Evans Declaration
Authored by: Anonymous on Wednesday, August 24 2005 @ 02:09 PM EDT
Might be wrong and I'm sure some one will tell me, but I dug a little more -
specifically looking at the companies IBM nominated. A quick google on the
companyn names and the only one that has any correlation to Open Source is
Scriptic.

The company of John Ousterhout, CEO, Scriptics Corp. and creator of the Tcl
scripting language.

So is/are SCO trying to make some sort of connection I wonder?

[ Reply to This | # ]

  • Infosec - Authored by: Anonymous on Wednesday, August 24 2005 @ 04:48 PM EDT
  • DST Innovis - Authored by: Anonymous on Wednesday, August 24 2005 @ 04:50 PM EDT
  • Eastman Software - Authored by: Anonymous on Wednesday, August 24 2005 @ 04:53 PM EDT
  • Facet Corp - Authored by: Anonymous on Wednesday, August 24 2005 @ 04:57 PM EDT
  • Storix - Authored by: Anonymous on Wednesday, August 24 2005 @ 04:58 PM EDT
  • Why Scriptics? - Authored by: Kevin on Wednesday, August 24 2005 @ 09:31 PM EDT
IBM-477 - Ron Saint Pierre Memo - Exhibit 10 to Evans Declaration
Authored by: Anonymous on Wednesday, August 24 2005 @ 02:24 PM EDT
"...Terry - your approval is assumed if I don't hear from you in 48
hours..."

doesn't this sound slightly strange ?

[ Reply to This | # ]

... if I don't hear from you ...
Authored by: Anonymous on Wednesday, August 24 2005 @ 03:12 PM EDT
I use this frequently when negotiating permissions for distributing freeware
programs on our cover CD, in particular the wording I have in their license is
unclear. If I state my intention clearly to an appropriate person, and they
don't reply, I've done due dilligence.

Of course, on more intricate agreements and contracts it's not that simple, but
it's a very workable way to get simple things done fast. In this context, it
looks like a routine remark from someone keen to go ahead on the project.

[ Reply to This | # ]

Still redacted.
Authored by: Jaywalk on Wednesday, August 24 2005 @ 03:50 PM EDT
Since there doesn't seem to be anything juicy in what we have here, I'm guessing that the good stuff is in the section that's still missing. Judging from the context, I'd guess that the missing text implies that IBM wasn't trying hard enough.

---
===== Murphy's Law is recursive. =====

[ Reply to This | # ]

Request for clarification.
Authored by: Anonymous on Wednesday, August 24 2005 @ 04:45 PM EDT
When the document says "REDACTED AT IBM'S REQUEST", is that
necessarily so or can this be mileading in any way...

[ Reply to This | # ]

  • misleading? (nt) - Authored by: Anonymous on Wednesday, August 24 2005 @ 06:44 PM EDT
Perhaps it is just a PR war
Authored by: Anonymous on Wednesday, August 24 2005 @ 06:17 PM EDT
And all they care about is the
"at IBM's request"

[ Reply to This | # ]

2 possible options
Authored by: Anonymous on Thursday, August 25 2005 @ 02:14 AM EDT
IN the top right corner it says:
[handwritten: Toronto's Approval

(negative confirmation)

There seems to be a page 2 whicxh has been redacted entirely.
Is it possible that the next page was Terry's answer from Toronto and that it
was a negative confirmation?

Another possibility is that the email addresses themselves were redacted. Enough
to identify the persons, without revealing the actual email addresses?

I'm just guessing wind here.

[ Reply to This | # ]

IBM-477 - Ron Saint Pierre Memo - Exhibit 10 to Evans Declaration
Authored by: Anonymous on Thursday, August 25 2005 @ 02:42 AM EDT
Haha, this guy is so full of grudges. He is making a carreer out of blasting
people who did him wrong: IBM, Linux, SCO.

The longer he lives, the longer the list will become.

[ 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 )