April 26, 2004 — (WEB HOST INDUSTRY REVIEW) — According to a report published Friday on the Web site Groklaw, IBM has issued subpoenas to a number of Internet companies, including Web hosting firm EV1 Servers, requesting documents related to communications with or meetings involving Microsoft regarding Unix, Linux, SCO and Canopy.
The subpoenas are the first issued by IBM relating to the defense of the breach of contact and copyright lawsuit brought against the company by the SCO group.
In addition to EV1, a SCO intellectual property licensee, IBM sent subpoenas to SCO investors Canopy Group Inc. and Royce & Associates LLC, financial advisor Morgan Keegan & Company Inc., consultant S2 Strategic Consulting LLC, former Unix code owner Novell, business partner Center 7, another licensee Computer Associates and, surprisingly, software firm Oracle Corp., which has kept away from the SCO debate.
EV1 gained a great deal of attention in Web hosting circles for its licensing agreement with SCO, much of that attention coming from supporters of the open source community, who were not pleased with the support for SCO’s claims that the licensing deal implied. EV1 CEO Robert Marsh later said he regretted making the deal, which was intended to protect hosting customers against liability.
The EV1 subpoena asks for all documents related to any communications, meetings or agreements with SCO or Canopy, as well as any documents concerning meetings or communications with Microsoft relating to SCO or Canopy. The subpoena also requests any documents relating to SCO?s IBM lawsuit, including any evidence to support SCO’s claims, or any statements or opinion concerning SCO’s evidence.
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