IBM unsealed some documents

Message ID: 262320
Posted By: al_petrofsky
Posted On: 2005-05-06 14:28:00
Subject: IBM unsealed some documents

The G2/Cnet/Forbes effort to unseal
things finally started to bear some
fruit on Wednesday. IBM unsealed four
affidavits and two motion briefs, and
filed a redacted version of a discovery
memo. (I think that leaves only one IBM
memo completely sealed: #337. I'm
guessing we'll see a redacted version of
that soon.)

We now can read one of the four briefs
regarding SCO's motion to amend its
complaint. We still don't have either
of SCO's briefs on that motion, nor have
we even seen the proposed amendment, but
at least there are snippets of both of
those things in the IBM brief.

The Wladawsky-Berger affidavit
acknowledges that in October (after
Magistrate Wells ordered him to declare
under penalty of perjury that he wasn't
improperly withholding anything), he
"recalled the existence of two folders
of electronic documents on my computer
that I may have overlooked in our prior
searches for relevant documents".

See scofacts.org/other-cases.html#IBM

442 "IBM'S UNSEALED MEMORANDUM IN
OPPOSITION TO SCO'S MOTION TO COMPEL IBM
TO PRODUCE SAMUEL J. PALMISANO FOR
DEPOSITION"

443 "UNSEALED DECLARATION OF IRVING
WLADAWSKY-BERGER"

444 "DEFENDANT/COUNTERCLAIM-PLAINTIFF
IBM'S REDACTED OPPOSITION TO SCO'S
SUPPLEMENTAL MEMORANDUM REGARDING
DISCOVERY"

445 "UNSEALED DECLARATION OF ANDREW
BONZANI"

446 "UNSEALED DECLARATION OF ALEC
S. BERMAN"

447 "IBM'S UNSEALED SUR-REPLY MEMORANDUM
IN FURTHER OPPOSITION TO SCO'S MOTION
FOR LEAVE TO FILE A THIRD AMENDED
COMPLAINT"

448 "UNSEALED DECLARATION OF SAMUEL
J. PALMISANO"

Message ID: 262326
Posted By: heimdal31
Posted On: 2005-05-06 14:45:00
Subject: Re: IBM unsealed some documents

From page 3 of 444, we can see that there is more than one e-mail that SCO keeps trying to open up and other items besides that. That is the one that seems to have the most information regarding the material that IBM is trying to claim as privileged.

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