Declarations of Chris Sontag and Todd M. Shaughnessy

Friday, April 23 2004 @ 01:26 AM EDT

Contributed by: PJ

Here are the Declaration of Chris Sontag and the Declaration of Todd M. Shaughnessy, along with a certificate of service. These were required from the parties according to the judge's order.

Sontag says they reviewed the AIX and Dynix code IBM donated to Linux, and identified some more lines of code. They told IBM there were gaps in the code and asked IBM for "the missing" code, and IBM suggested they ask the judge for it, which Sontag says they will do. He claims the AIX and Dynix/ptx kernels are "in their entirety" modifications and derivative works based on UNIX System V, and he relates how SCO worked itself to the bone to fulfill their duties in discovery. They have also identified instances of "nonliteral copying", which Sontag defines as "structures, sequences and organization of UNIX System V that appear in Linux." Again, they tell the judge they need all versions of AIX from day one to the present, so that seems to indicate they are not happy with their fishing results so far. It sounds like slim pickings. They are just sure they could do better if IBM would turn over more code.

IBM says they have complied fully with the order. They didn't even wait for the 45 days to run out before turning over the code. SCO had it all by March 9. Now there's confidence.