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Judge Orders SCO To Show Evidence
by Glen Shapiro, LawAndTax-News.com, New York

09 December 2003

SCO Group has been ordered to provide detailed information supporting its claims by US District Court Judge Brooke Wells, who is overseeing its legal dispute with IBM over the alleged inclusion of its UNIX intellectual property in the open source Linux operating system.

Judge Wells has further ordered a suspension on all discovery motions until SCO produces the evidence to back up its allegation that IBM made unauthorised use of source code from its Source V Unix code in Linux kernel.

Observers have suggested that throughout its campaign, SCO has appeared reluctant to support its claims with hard evidence

However, spokesman for the group, Blake Stowell has rejected suggestions that SCO has withheld access to the disputed code, explaining that the areas in which it can be found, namely the Journal File System, RCU (Read/Copy/Update), and NUMA (non-uniform memory access) have already been revealed.

"I think that identifying it by name, it would be extremely easy for IBM to determine where those lines of code have gone into Linux," he told Internetnews.com, continuing:

"We can't be more specific than that. It's pretty obvious that they are very familiar with these contributions and it's not a mystery to them at all."

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