IBM Subpoenas Microsoft, Sun and HP in SCO Case

The seemingly never-ending battle between IBM and SCO over Linux took an interesting turn Tuesday, as IBM issued subpoenas to Microsoft, Hewlett-Packard, Sun Microsystems and BayStar Capital regarding their dealings with the SCO. The companies will also appear in court later next month.

SCO's legal crusade to protect its "trade secrets" began in 2003 when it claimed there had been a "misappropriation" of its code into Linux. Since that time, SCO has taken a large number of vendors to court including IBM, which it has sued for over $5 billion.

Major lawsuits have also been filed against Red Hat, Novell, DaimlerChrysler, and AutoZone. IBM has led the charge to defend its customers against individual lawsuits by establishing an endowment fund and countersuing SCO in August 2003.

The four companies subpoenaed by IBM must hand over details of their communication with SCO since June 28, 2002. Specifically, Sun must testify about "restrictions or prohibitions on Sun employees having access to any UNIX product, including, but not limited to, its source code," according to legal site Groklaw, which has closely been following the case for years.

Leading open source advocates pointed to a Microsoft-SCO connection after Microsoft paid SCO to ensure compliance throughout its UNIX-related line of products. IBM is seeking information on a March 2003 discussion "with Steven Ballmer regarding SCO's rights to the UNIX operating system," as well as "Microsoft's business strategy regarding Linux."

BayStar, which invested in SCO, must hand over all agreements between the two companies and documents on any investments, as well as those "concerning Baystar's knowledge of SCO's business."

HP is also under the microscope for dealing with SCO, says Groklaw. "IBM would like to see their contract licensing them to use UNIX. They'd like to know about any restrictions on employees having access to UNIX source code and all documents concerning 'any agreements relating to any Hewlett-Packard software product involving Hewlett-Packard and AT&T, USL, Novell, Santa Cruz, Tarantella, or SCO,'" the site wrote.

The subpoenas are part of the discovery phase of the trial, which enables IBM to build its defense by gathering evidence until March 17, 2006.