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Citations in Memorandum sorted by sectionBelow are Exhibit citations in each section of the 838 Memorandum sorted by section in the Table of contents, a later post will abbreviate the verbose descriptions and provide a [hyper] link Description 3.A. A. Beginning of Linux 5 --- SCO's Answer to IBM's Second Amended Counterclaims, dated April 23, 2004 105 --- Form 10-K/A, filed by Caldera Systems, Inc. for the fiscal year ended October 31, 2000 106 --- Form 10-K, filed by Caldera International, Inc. for the fiscal year ended October 31, 2002 107 --- Form 10-K, filed by Caldera Systems, Inc. for the fiscal year ended October 31, 2000 128 --- GNU General Public License 221 --- Declaration of Ransom Love, dated September 15, 2006 (Redacted) 272 --- Declaration of Linus Torvalds, dated September 21, 2006 364 --- Web page titled "Linux Kernel", available at http://www.thescogroup.com/developers/ community/contrib/linux.html 398 --- Document titled, "SCO Linux Educational Materials: Learning Unit 001", bearing Bates numbers SCO1355589-653 (Under Seal) ============================ 3.B. B. Novell, UNIX and Linux 108 --- Form 10-K, filed by Novell, Inc. for the fiscal year ended October 30, 1993 214 --- Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated July 17, 2006 (Under Seal) 215 --- Reply Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated August 28, 2006 (Under Seal) 221 --- Declaration of Ransom Love, dated September 15, 2006 (Redacted) 238 --- Declaration of K. Y. Srinivasan, dated September 22, 2006 240 --- Declaration of Joseph A. La Sala, Jr., dated September 22, 2006 382 --- Web page titled "The Single UNIX Specification, available at http://www.unix.org/what_is_unix/single_unix_specification.html 437 --- Letter Agreement concerning the X/Open Fast Track Process for the Common APIs For UNIX-based Operating Systems ("Spec 1170"), by and among Hewlett-Packard Company, IBM, Novell, Inc., Open Software Foundation, Sun Microsystems, Inc. and X/Open Company Limited, dated March 23, 1994 438 --- Document titled "Tool Interface Standard (TIS): Portable Formats Specification, Version 1.1", dated October 1993 439 --- Document titled "Tool Interface Standard (TIS): The Executable and Linking Format (ELF) Specification, Version 1.2", dated May 1995 and bearing Bates numbers 1910846082-187 440 --- Article by LJ Staff, titled "Caldera and Corsair", from Linux Journal, dated June 1, 1995 ============================ 3.C. C. Caldera and Linux 107 --- Form 10-K, filed by Caldera Systems, Inc. for the fiscal year ended October 31, 2000 128 --- GNU General Public License 169 --- Declaration of Tim Bird, dated September 18, 2006 176 --- Declaration of Marc Christensen, dated September 19, 2006 193 --- Declaration of Jim Freeman, dated September 21, 2006 213 --- Expert Report and Declaration of Brian W. Kernighan, dated May 18, 2006 (Under Seal) 221 --- Declaration of Ransom Love, dated September 15, 2006 (Redacted) 226 --- Declaration of David Mazieres, dated September 23, 2006 242 --- Declaration of Gregory Page, dated September 20, 2006 440 --- Article by LJ Staff, titled "Caldera and Corsair", from Linux Journal, dated June 1, 1995 441 --- Caldera, Inc. press release titled "Embedded Linux Moved To Top Priority At Lineo, Inc., Formerly Known As Caldera Thin Clients, Inc.", dated July 20, 1999 442 --- Caldera, Inc. press release titled "Caldera Open Linux Product To Obtain Posix And Fips Certifications, And The X/Open Brand For Unix 95 And Xpg4 Base 95", dated May 23, 1996 ============================ 3.D. D. Santa Cruz, UNIX and Linux 109 --- Form 10-K, filed by The Santa Cruz Operation, Inc. for the fiscal year ended September 30, 1996 123 --- Asset Purchase Agreement between Novell, Inc. and The Santa Cruz Operation, Inc., dated September 19, 1995 199 --- Memorandum in Support of Novell, Inc.'s Motion to Dismiss in The SCO Group Inc. v. Novell Inc., Case No. 2:04CV00139 (D. Utah), dated February 9, 2004 207 --- Declaration of Dion L. Johnson II, dated September 15, 2006 227 --- Declaration of David McCrabb, dated September 18, 2006 239 --- Declaration of Greg Jones, dated September 21, 2006 239 --- Declaration of Greg Jones, dated September 21, 2006 444 --- Amendment No. 2 to the Asset Purchase Agreement between Novell, Inc. and The Santa Cruz Operation, Inc., dated October 16, 1996 ============================ 3.E. E. Caldera Begins to Develop Linux for Business 193 --- Declaration of Jim Freeman, dated September 21, 2006 201 --- Declaration of David Groethe, dated September 22, 2006 207 --- Declaration of Dion L. Johnson II, dated September 15, 2006 214 --- Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated July 17, 2006 (Under Seal) 215 --- Reply Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated August 28, 2006 (Under Seal) 221 --- Declaration of Ransom Love, dated September 15, 2006 (Redacted) 226 --- Declaration of David Mazieres, dated September 23, 2006 262 --- Whitepaper submitted by Caldera International, titled "A Technical Introduction to the Caldera Network Desktop", bearing Bates numbers SCO1269181-191 284 --- Declaration of Erik W. Hughes, dated November 30, 2004 442 --- Caldera, Inc. press release titled "Caldera Open Linux Product To Obtain Posix And Fips Certifications, And The X/Open Brand For Unix 95 And Xpg4 Base 95", dated May 23, 1996 445 --- Caldera, Inc. press release titled "Caldera AE Announces New Caldera OpenLinux", dated October 9, 1996 446 --- Web page titled "Testing requirements by Product Standard", available at http://www.opengroup.org/openbrand/testing/prodstds.htm 447 --- Article by Jerry Rosa, titled "Billed As The Swiss Army Knife Of Operating Systems - Caldera touts Linux OS," from Computer Reseller News, dated September 1, 1997 ============================ 3.F. F. The Linux Standard Base. 107 --- Form 10-K, filed by Caldera Systems, Inc. for the fiscal year ended October 31, 2000 111 --- Form 10-K, filed by Caldera International, Inc. for the fiscal year ended October 31, 2001 169 --- Declaration of Tim Bird, dated September 18, 2006 176 --- Declaration of Marc Christensen, dated September 19, 2006 207 --- Declaration of Dion L. Johnson II, dated September 15, 2006 214 --- Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated July 17, 2006 (Under Seal) 215 --- Reply Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated August 28, 2006 (Under Seal) 221 --- Declaration of Ransom Love, dated September 15, 2006 (Redacted) 227 --- Declaration of David McCrabb, dated September 18, 2006 242 --- Declaration of Gregory Page, dated September 20, 2006 251 --- Declaration of Calvin Gaisford, dated September 22, 2006 449 --- Caldera Systems, Inc. Whitepaper, titled "Linux Standard Base", dated November 1, 1999, available at http://linux.ittoolbox.com/pub/MM022702d.pdf #search='caldera whitepaper linux standard ransom 450 --- Article titled "Project Proposal and Call for Participation: The Linux Standard Base (LSB) project", from Linux Weekly News, dated May 28, 1998 ============================ 3.G. G. 86Open and lxrun 184 --- Declaration of Ulrich Drepper, dated September 19, 2006 207 --- Declaration of Dion L. Johnson II, dated September 15, 2006 214 --- Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated July 17, 2006 (Under Seal) 215 --- Reply Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated August 28, 2006 (Under Seal) 452 --- Web page titled "Unix-on-Intel players work on a common binary format", available at http://www.educ.umu.se/~bjorn/mhonar-files/debian-announce 453 --- Web page titled "86Open Frequently-Asked Questions", dated December 23, 1997, available at http://www.telly.org/86Open-faq 454 --- Web page titled "86Open Project Final Update", dated July 25, 1999, available at http://www.telly.org/86Open/ 455 --- Email from Ron Record to Mike Davidson, Dion Johnson and Greg Schwarzer, regarding "86Open and lxrun", dated March 4, 1998 and bearing Bates number SCO1820604 (Under Seal) ============================ 3.H. H. Caldera Spin-Off and Business Marketing 106 --- Form 10-K, filed by Caldera International, Inc. for the fiscal year ended October 31, 2002 107 --- Form 10-K, filed by Caldera Systems, Inc. for the fiscal year ended October 31, 2000 110 --- Form 424b, filed by Caldera Systems, Inc., dated March 20, 2000 221 --- Declaration of Ransom Love, dated September 15, 2006 (Redacted) 444 --- Amendment No. 2 to the Asset Purchase Agreement between Novell, Inc. and The Santa Cruz Operation, Inc., dated October 16, 1996 449 --- Caldera Systems, Inc. Whitepaper, titled "Linux Standard Base", dated November 1, 1999, available at http://linux.ittoolbox.com/pub/MM022702d.pdf #search='caldera whitepaper linux standard ransom 456 --- Article by Wayne Spivak, titled "What a difference a year makes for Linux", from Network World, dated October 26, 1998 457 --- Article titled "StoreBusters Inc. to Deliver Next-Generation Online Se1ling System Using Caldera Systems' OpenLinux E-business Platform", dated August 11, 2000 and bearing Bates numbers SCO1244467-68 (Under Seal) 458 --- Document titled "Caldera OpenLinux Server elevates Linux to business by providing a stable, secure, easy to install and manage Linux server platform for business quality Internet applications", bearing Bates numbers SCO1244469-72 (Under Seal) 461 --- Caldera, Inc. whitepaper titled "Our Social Contract with the Open Source Community" 462 --- Caldera, Inc. press release titled "Caldera Launches OpenLearning - Linux Education Programs and Courseware; Training Includes New OpenLinux Solutions Series and LPI Certification Courses", dated July 31, 2000 ============================ 3.I. I. Santa Cruz's Infringement Analysis 221 --- Declaration of Ransom Love, dated September 15, 2006 (Redacted) 227 --- Declaration of David McCrabb, dated September 18, 2006 331 --- Transcript of the March 16, 2006 Deposition of Mike Davidson (Under Seal) 463 --- Email from Blake Stowell to globalpr@list.sco,com and teamjeff@sco.com, regarding "Media & Analyst Update from SCO: Statement and Memo regarding copyright claims", dated July 14, 2005 and bearing Bates numbers SCO1777092-99 (Under Seal) 464 --- Santa Cruz press release titled "SCO Invests in LinuxMall.com", dated October 14, 1999. 465 --- Web page titled "Caldera Skunkware: Open Source Software", available at http://www.sco.com/skunkware/html/cdrom/index_cd.html ============================ 3.J. J. IBM and Linux 3 --- SCO's Second Amended Complaint, dated February 27, 2004 4 --- IBM's Second Amended Counterclaims, dated March 29, 2004 106 --- Form 10-K, filed by Caldera International, Inc. for the fiscal year ended October 31, 2002 111 --- Form 10-K, filed by Caldera International, Inc. for the fiscal year ended October 31, 2001 114 --- Form 10-K/A (Amendment No. 1) filed by The Santa Cruz Operation, Inc., for the fiscal year ended September 30, 2000 115 --- Form 10-K filed by The Santa Cruz Operation, Inc., for fiscal year ended September 30, 1999 167 --- Declaration of Kathleen Bennett, including a copy of the files downloaded from SCO's Internet website on January 9, 2004, dated August 16, 2004 194 --- Declaration of Daniel Frye, dated May 18, 2004 208 --- Expert Report and Declaration of Frans Kaashoek, dated July 14, 2006 (Under Seal) 221 --- Declaration of Ransom Love, dated September 15, 2006 (Redacted) 221 --- Declaration of Ransom Love, dated September 15, 2006 (Redacted) 340 --- Transcript of the March 31, 2006 Deposition of Erik Hughes (Under Seal) 445 --- Caldera, Inc. press release titled "Caldera AE Announces New Caldera OpenLinux", dated October 9, 1996 466 --- Strategic Business Agreement between IBM and Caldera Systems, Inc., dated June 16, 1999 and bearing Bates numbers 1710023483-90 (Under Seal) 467 --- Document titled "Statement of Work 4900RL0132" between IBM and Caldera Systems, Inc., dated April 17, 2000 and bearing Bates numbers 1710023509-17 (Under Seal) 586 --- Declaration of Dan Frye, dated September 22, 2006 ============================ 3.K. K. Caldera Acquires Santa Cruz's UNIX Assets 106 --- Form 10-K, filed by Caldera International, Inc. for the fiscal year ended October 31, 2002 110 --- Form 424b, filed by Caldera Systems, Inc., dated March 20, 2000 221 --- Declaration of Ransom Love, dated September 15, 2006 (Redacted) 340 --- Transcript of the March 31, 2006 Deposition of Erik Hughes (Under Seal) 469 --- Article by David Orenstein titled, "Caldera's in the money", from Computerworld, dated January 11, 2000 470 --- Transcript of speech given by Ransom Love at LinuxWorld 2000 471 --- Document titled, "The Caldera Connection", dated October 2000 and bearing Bates numbers SCO1385591-94 (Under Seal) 472 --- Email from Ransom Love to Jeff Hunsaker, regarding "Rite Aid Corporation", dated October 25, 200l and bearing Bates numbers SCO1325085-89 (Under Seal) 473 --- Document by Andrew Bowles, titled "Transition Document", dated May 9, 2003 and bearing Bates numbers SCO1327183-88 (Under Seal) ============================ 3.L. L. UnitedLinux 106 --- Form 10-K, filed by Caldera International, Inc. for the fiscal year ended October 31, 2002 166 --- Declaration of Douglas B. Beattie, dated September 20, 2006 176 --- Declaration of Marc Christensen, dated September 19, 2006 176 --- Declaration of Marc Christensen, dated September 19, 2006 193 --- Declaration of Jim Freeman, dated September 21, 2006 208 --- Expert Report and Declaration of Frans Kaashoek, dated July 14, 2006 (Under Seal) 215 --- Reply Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated August 28, 2006 (Under Seal) 221 --- Declaration of Ransom Love, dated September 15, 2006 (Redacted) 226 --- Declaration of David Mazieres, dated September 23, 2006 226 --- Declaration of David Mazieres, dated September 23, 2006 262 --- Whitepaper submitted by Caldera International, titled "A Technical Introduction to the Caldera Network Desktop", bearing Bates numbers SCO1269181-191 272 --- Declaration of Linus Torvalds, dated September 21, 2006 278 --- Declaration of Bart Whiteley, dated September 19, 2006 348 --- SCO press release titled "Caldera, Conectiva, SuSE, Turbolinux Partner to Create UnitedLinux, and Produce a Uniform Version of Linux for Business", dated May 30, 2002 349 --- SCO press release titled "SCO Unveils SCO Linux 4.0, Powered by UnitedLinux", dated November 19, 2002 350 --- SCO product announcement for OpenLinux Server Release 3.1.1, dated January 24, 2002 and bearing Bates numbers SCO1324397-404 351 --- SCO product announcement for OpenLinux Workstation Release 3.1.1, dated January 24, 2002 and bearing Bates numbers SCO1324405-12 474 --- UnitedLinux Joint Development Contract by and among Caldera International, Inc., Conectiva, Inc., SuSE Linux AG, Turbolinux, Inc. and UnitedLinux, LLC, dated May 29, 2002 and bearing Bates numbers SCO1170519-74 (Under Seal) 475 --- Document titled "SCO Linux 4.0 - Powered by UnitedLinux", bearing Bates numbers SCO1331818-19 (Under Seal) 476 --- Document titled "The New SCO - Solutions, Customers, Partners, SCO Programs", bearing Bates numbers SCO1328808-11 (Under Seal) ============================ 3.M. M. SCO's Financial Difficultly and New Business Plan 1 --- SCO's original Complaint, dated March 6, 2003 106 --- Form 10-K, filed by Caldera International, Inc. for the fiscal year ended October 31, 2002 113 --- Form 10-K, filed by SCO for the fiscal year ended October 31, 2003 141 --- Letter from Darl McBride to Lucio A. Noto, dated May 12, 2003 142 --- Form letter from Ryan E. Tibbitts to "Linux User", dated December 19, 2003 186 --- Expert Report and Declaration of Jonathan Eunice, dated July 17, 2006 (Under Seal) 221 --- Declaration of Ransom Love, dated September 15, 2006 (Redacted) 227 --- Declaration of David McCrabb, dated September 18, 2006 239 --- Declaration of Greg Jones, dated September 21, 2006 240 --- Declaration of Joseph A. La Sala, Jr., dated September 22, 2006 330 --- Transcript of the March 15, 2006 Deposition of Darl McBride (Under Seal) 423 --- Transcript of July 21, 2003 Conference Call, titled "The SCO Group Conference Call to Provide Updates on IBM lawsuit, UNIX Ownership and Copyrights" 427 --- Transcript of November 18, 2003 Conference Call, titled "SCO Expands Scope of its Agreement with Boies, Schiller & Flexner LLP And Provides 4th Quarter Financial Guidance" 477 --- Novell press release titled, "Novell Challenges SCO Position, Reiterates Support for Linux", dated May 28, 2003 539 --- Document by Houlihan Valuation Advisors, titled "Intangible Asset Valuation: Caldera International, Inc. As of October 31, 2001", bearing Bates numbers SCO1633819-74 (Under Seal) ============================ 3.N. N. SCO's Litigatin and Threats of Litigation 1 --- SCO's original Complaint, dated March 6, 2003 4 --- IBM's Second Amended Counterclaims, dated March 29, 2004 141 --- Letter from Darl McBride to Lucio A. Noto, dated May 12, 2003 142 --- Form letter from Ryan E. Tibbitts to "Linux User", dated December 19, 2003 423 --- Transcript of July 21, 2003 Conference Call, titled "The SCO Group Conference Call to Provide Updates on IBM lawsuit, UNIX Ownership and Copyrights" 427 --- Transcript of November 18, 2003 Conference Call, titled "SCO Expands Scope of its Agreement with Boies, Schiller & Flexner LLP And Provides 4th Quarter Financial Guidance" ============================ 3.O. O. SCO's Touting and Obfuscation 32 --- SCO's Supplemental Response to Defendant's First Set of Interrogatories, dated October 23, 2003 33 --- SCO's Revised Supplemental Response to IBM's First and Second Set of Interrogatories, dated January 15, 2004 34 --- SCO's Supplemental Response to IBM's Second Set of Interrogatories and Second Request for the Production of Documents, dated October 23, 2003 55 --- Hon. Brooke C. Wells' Order Granting IBM's Motions to Compel Discovery and Requests for Production or Documents, dated December 12, 2003 56 --- Hon. Brooke C. Wells' Order Regarding SCO's Motion to Compel Discovery and IBM's Motion to Compel Discovery, dated March 3, 2004 57 --- Hon. Dale A. Kimball's Memorandum Decision Order, dated February 8, 2005 58 --- Hon. Dale A. Kimball's Order, dated July 1, 2005 132 --- Letter from Brent O. Hatch to Todd M. Shaughnessy, dated April 19, 2004 (Redacted) 283 --- Expert Report and Declaration of Robert Willig, dated July 17, 2006 (Under Seal) 367 --- Article by Lisa M. Bowman, titled "SCO Puts Disputed Code in the Spotlight", from CNET News.com, dated August 18, 2003 368 --- Article by Antone Gonsalves, titled "SCO to Release Disputed Code this Week", from InternetWeek, dated June 2, 2003 369 --- Article by Lisa M. Bowman, titled "Linux Community Scoffs at SCO's Evidence", from The Globe and Mail, dated August 21, 2003 370 --- Article by Sam Williams, titled "SCO, Open Source and the World", from Salon.com, dated December 22, 2003 371 --- Article by Jed Boal, titled "Utah Software Company Suing IBM", from KSL.com, dated November 12, 2003 372 --- Article by Maureen O'Gara, titled "SCO Files for AIX Injunction Against IBM", from LinuxWorld.com, dated June 16, 2003 374 --- Article by Maureen O'Gara, titled "SCO's Lawyer Speaks, Says Nothing", from LinuxWorld.com, dated March 21, 2003 375 --- Article by Holger Dambeck, titled "Linux Hunter SCO Puts Everything on the Line", from Spiegel Online, dated April 13, 2004 383 --- Article by Lisa Bowman, titled "Getting a glimpse at SCO's evidence", from CNETNews.com, dated, August 20, 2003 478 --- Article by Patrick Thibodeau, titled "SCO Official Defends Linux Attack", from Computerworld, dated June 2, 2003 479 --- Article by David Becker, titled "SCO CEO: Why We're Suing IBM", from CNETnews.com, dated June 16, 2003 480 --- Article by Otis Port, titled "Commentary: Will This Feud Choke the Life Out of Linux?", from BusinessWeek, dated July 7, 2003 ============================ 3.P. P. SCO's Continued Distribution of Linux 45 --- SCO's Objections and Responses to Part of IBM's Second Set of Requests for Admission, dated February 28, 2006 111 --- Form 10-K, filed by Caldera International, Inc. for the fiscal year ended October 31, 2001 215 --- Reply Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated August 28, 2006 (Under Seal) 226 --- Declaration of David Mazieres, dated September 23, 2006 284 --- Declaration of Erik W. Hughes, dated November 30, 2004 296 --- Transcript of the May 11, 2004 Deposition of Erik W. Hughes (Under Seal) 353 --- SCO product announcement for SCO Linux Server 4.0 for the Itanium Processor Family, dated April 4, 2003 and bearing Bates numbers SCO1269792-97 397 --- Selection of SCO invoices for Linux products sold after March 7, 2003, as produced by SCO to IBM, taken from the following Bates number ranges: SCO1187631-8044, SCO1190720-89, SCO1211966, SCO121233-34 SCO1212544 (Under Seal) 486 --- Exhibit 3(a) from the May 11, 2004 Deposition of Erik Hughes (Under Seal) 486 --- Exhibit 3(a) from the May 11, 2004 Deposition of Erik Hughes (Under Seal) 505 --- Set of Invoices from SCO Operations, Inc. bearing Bates numbers SCO1187631-789 (Under Seal) 584 --- Transcript of January 11, 2005 Deposition of Stephen D. Vuksanovich (Under Seal) ============================ 3.Q. Q. SCO's Failure TO Substantiate Its Claims 11 --- IBM's First Set of Interrogatories and First Request for the Production of Documents, dated June 13, 2003 12 --- IBM's Second Set of Interrogatories and Second Request for the Production of Documents, dated September 16, 2003 33 --- SCO's Revised Supplemental Response to IBM's First and Second Set of Interrogatories, dated January 15, 2004 36 --- SCO's Response to IBM's Third Set of Interrogatories, dated April 19, 2004 55 --- Hon. Brooke C. Wells' Order Granting IBM's Motions to Compel Discovery and Requests for Production or Documents, dated December 12, 2003 56 --- Hon. Brooke C. Wells' Order Regarding SCO's Motion to Compel Discovery and IBM's Motion to Compel Discovery, dated March 3, 2004 411 --- IBM's Report on SCO's Compliance with the Court's December 12, 2003 Order, dated January 15, 2005 415 --- Transcript of February 6, 2004 Hearing before Hon. Brooke C. Wells ============================ 3.R. R. The Court's Summary Judgment and Scheduling Orders 57 --- Hon. Dale A. Kimball's Memorandum Decision Order, dated February 8, 2005 58 --- Hon. Dale A. Kimball's Order, dated July 1, 2005 65 --- IBM's Memorandum in Support of Its Cross-Motion for Partial Summary Judgment on Its Claim for Declaratory Judgment of Non-Infringement, dated May 18, 2004 418 --- Transcript of October 7, 2005 Hearing before Hon. Dale A. Kimball 586 --- Declaration of Dan Frye, dated September 22, 2006 ============================ 3.S. S. SCO's Interim and Final Disclosures 43 --- SCO's Second Revised Supplemental Response to IBM's Sixth Set of Interrogatories, dated December 22, 2005 (Under Seal) 53 --- SCO's Interim Disclosure of Materials Allegedly Misused by IBM, dated October 28, 2005 (Under Seal) 54 --- SCO's Disclosure of Materials Allegedly Misused by IBM, dated December 22, 2005 (Under Seal) 55 --- Hon. Brooke C. Wells' Order Granting IBM's Motions to Compel Discovery and Requests for Production or Documents, dated December 12, 2003 56 --- Hon. Brooke C. Wells' Order Regarding SCO's Motion to Compel Discovery and IBM's Motion to Compel Discovery, dated March 3, 2004 57 --- Hon. Dale A. Kimball's Memorandum Decision Order, dated February 8, 2005 58 --- Hon. Dale A. Kimball's Order, dated July 1, 2005 59 --- Hon. Brooke C. Wells' Order Granting in Part IBM's Motion to Limit SCO's Claims, dated June 28, 2006 151 --- Letter from Todd M. Shaughnessy to Edward Normand, dated December 5, 2005 481 --- Scheduling Order Stipulation, dated December 7, 2005 ============================ 3.T. T. Order Enforcing Court's Disclosure Requirements 54 --- SCO's Disclosure of Materials Allegedly Misused by IBM, dated December 22, 2005 (Under Seal) 55 --- Hon. Brooke C. Wells' Order Granting IBM's Motions to Compel Discovery and Requests for Production or Documents, dated December 12, 2003 56 --- Hon. Brooke C. Wells' Order Regarding SCO's Motion to Compel Discovery and IBM's Motion to Compel Discovery, dated March 3, 2004 59 --- Hon. Brooke C. Wells' Order Granting in Part IBM's Motion to Limit SCO's Claims, dated June 28, 2006 66 --- IBM's Memorandum in Support of its Motion to Limit SCO's Claims Relating to Allegedly Misused Materials, dated February 13, 2006 67 --- IBM's Memorandum in Support of its Motion to Confine SCO's Claims to, and Strike Allegations in Excess of, the Final Disclosures, dated June 8, 2006 175 --- Expert Report and Declaration of Thomas Cargill, dated May 19, 2006 (Under Seal) 285 --- Expert Report of Marc J. Rochkind, dated May 19, 2006 (Under Seal) 286 --- Expert Report of Evan Ivie, dated May 19, 2006 (Under Seal) ============================ 3.U. U. Allegations of the Final Disclosures 43 --- SCO's Second Revised Supplemental Response to IBM's Sixth Set of Interrogatories, dated December 22, 2005 (Under Seal) 54 --- SCO's Disclosure of Materials Allegedly Misused by IBM, dated December 22, 2005 (Under Seal) 59 --- Hon. Brooke C. Wells' Order Granting in Part IBM's Motion to Limit SCO's Claims, dated June 28, 2006 166 --- Declaration of Douglas B. Beattie, dated September 20, 2006 169 --- Declaration of Tim Bird, dated September 18, 2006 193 --- Declaration of Jim Freeman, dated September 21, 2006 213 --- Expert Report and Declaration of Brian W. Kernighan, dated May 18, 2006 (Under Seal) 214 --- Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated July 17, 2006 (Under Seal) 215 --- Reply Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated August 28, 2006 (Under Seal) 221 --- Declaration of Ransom Love, dated September 15, 2006 (Redacted) 232 --- Declaration of Marcus Meissner, dated September 19, 2006 242 --- Declaration of Gregory Page, dated September 20, 2006 273 --- U.S. Patent No. 6,460,070 278 --- Declaration of Bart Whiteley, dated September 19, 2006 ============================ 3.V. V. SCO's Failure of Proof 3 --- SCO's Second Amended Complaint, dated February 27, 2004 32 --- SCO's Supplemental Response to Defendant's First Set of Interrogatories, dated October 23, 2003 33 --- SCO's Revised Supplemental Response to IBM's First and Second Set of Interrogatories, dated January 15, 2004 34 --- SCO's Supplemental Response to IBM's Second Set of Interrogatories and Second Request for the Production of Documents, dated October 23, 2003 54 --- SCO's Disclosure of Materials Allegedly Misused by IBM, dated December 22, 2005 (Under Seal) 58 --- Hon. Dale A. Kimball's Order, dated July 1, 2005 132 --- Letter from Brent O. Hatch to Todd M. Shaughnessy, dated April 19, 2004 (Redacted) 141 --- Letter from Darl McBride to Lucio A. Noto, dated May 12, 2003 142 --- Form letter from Ryan E. Tibbitts to "Linux User", dated December 19, 2003 ============================ 3.W. W. IBM Licenses 128 --- GNU General Public License 437 --- Letter Agreement concerning the X/Open Fast Track Process for the Common APIs For UNIX-based Operating Systems ("Spec 1170"), by and among Hewlett-Packard Company, IBM, Novell, Inc., Open Software Foundation, Sun Microsystems, Inc. and X/Open Company Limited, dated March 23, 1994 438 --- Document titled "Tool Interface Standard (TIS): Portable Formats Specification, Version 1.1", dated October 1993 439 --- Document titled "Tool Interface Standard (TIS): The Executable and Linking Format (ELF) Specification, Version 1.2", dated May 1995 and bearing Bates numbers 1910846082-187 466 --- Strategic Business Agreement between IBM and Caldera Systems, Inc., dated June 16, 1999 and bearing Bates numbers 1710023483-90 (Under Seal) 467 --- Document titled "Statement of Work 4900RL0132" between IBM and Caldera Systems, Inc., dated April 17, 2000 and bearing Bates numbers 1710023509-17 (Under Seal) ============================ 3.W.1 1. The 1999 Caldera License 221 --- Declaration of Ransom Love, dated September 15, 2006 (Redacted) 350 --- SCO product announcement for OpenLinux Server Release 3.1.1, dated January 24, 2002 and bearing Bates numbers SCO1324397-404 351 --- SCO product announcement for OpenLinux Workstation Release 3.1.1, dated January 24, 2002 and bearing Bates numbers SCO1324405-12 352 --- SCO product announcement for SCO Linux Server 4.0, Powered by UnitedLinux, dated November 19, 2002 and bearing Bates numbers SCO127O429-36 466 --- Strategic Business Agreement between IBM and Caldera Systems, Inc., dated June 16, 1999 and bearing Bates numbers 1710023483-90 (Under Seal) ============================ 3.W.2 2. The GPL 128 --- GNU General Public License 176 --- Declaration of Marc Christensen, dated September 19, 2006 221 --- Declaration of Ransom Love, dated September 15, 2006 (Redacted) 221 --- Declaration of Ransom Love, dated September 15, 2006 (Redacted) ============================ 3.W.3 3. Spec 1170 214 --- Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated July 17, 2006 (Under Seal) 214 --- Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated July 17, 2006 (Under Seal) 238 --- Declaration of K. Y. Srinivasan, dated September 22, 2006 437 --- Letter Agreement concerning the X/Open Fast Track Process for the Common APIs For UNIX-based Operating Systems ("Spec 1170"), by and among Hewlett-Packard Company, IBM, Novell, Inc., Open Software Foundation, Sun Microsystems, Inc. and X/Open Company Limited, dated March 23, 1994 437 --- Letter Agreement concerning the X/Open Fast Track Process for the Common APIs For UNIX-based Operating Systems ("Spec 1170"), by and among Hewlett-Packard Company, IBM, Novell, Inc., Open Software Foundation, Sun Microsystems, Inc. and X/Open Company Limited, dated March 23, 1994 482 --- Common API Materials Cross-License Agreement between Hewlett-Packard Company, Sun Microsystems, Inc., Novell, Inc. and IBM, dated January 26, 1994 and bearing Bates numbers 1710084662-81 (Under Seal) ============================ 3.W.4 4. ELF 214 --- Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated July 17, 2006 (Under Seal) 215 --- Reply Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated August 28, 2006 (Under Seal) 238 --- Declaration of K. Y. Srinivasan, dated September 22, 2006 438 --- Document titled "Tool Interface Standard (TIS): Portable Formats Specification, Version 1.1", dated October 1993 439 --- Document titled "Tool Interface Standard (TIS): The Executable and Linking Format (ELF) Specification, Version 1.2", dated May 1995 and bearing Bates numbers 1910846082-187 569 --- Letter from J. M. Baccash to Ramesh Subramanian, dated November 30, 1993 (Under Seal) ============================ 3.X. X. Insignificance and Dissimilarity 212 --- Declaration of Brian W. Kernighan, dated August 20, 2004 (Redacted) 213 --- Expert Report and Declaration of Brian W. Kernighan, dated May 18, 2006 (Under Seal) 213 --- Expert Report and Declaration of Brian W. Kernighan, dated May 18, 2006 (Under Seal) 214 --- Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated July 17, 2006 (Under Seal) 215 --- Reply Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated August 28, 2006 (Under Seal) ============================ 3.Y. Y. Unprotectability of the System V Code 213 --- Expert Report and Declaration of Brian W. Kernighan, dated May 18, 2006 (Under Seal) 214 --- Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated July 17, 2006 (Under Seal) 215 --- Reply Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated August 28, 2006 (Under Seal) ============================ 3.X.1.0 1. Relationship to Externalities 175 --- Expert Report and Declaration of Thomas Cargill, dated May 19, 2006 (Under Seal) 213 --- Expert Report and Declaration of Brian W. Kernighan, dated May 18, 2006 (Under Seal) 214 --- Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated July 17, 2006 (Under Seal) 215 --- Reply Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated August 28, 2006 (Under Seal) ============================ 3.X.1.1 1.1 Compatibility 213 --- Expert Report and Declaration of Brian W. Kernighan, dated May 18, 2006 (Under Seal) 214 --- Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated July 17, 2006 (Under Seal) 215 --- Reply Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated August 28, 2006 (Under Seal) 265 --- Article by Mike Linksvayer, titled "The Choice of a GNU Generation An Interview With Linus Torvalds" from Meta Magazine, dated November 1993 483 --- Web page titled "History and Timeline", available at http://www.unix.org/what_is_unix/ history_timeline.html 484 --- Article by Michael Tilson, titled "Towards a UNIX Standard", from USENIX Conference Proceedings ============================ 3.X.1.2 1.2Standards 213 --- Expert Report and Declaration of Brian W. Kernighan, dated May 18, 2006 (Under Seal) 215 --- Reply Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated August 28, 2006 (Under Seal) ============================ 3.X.1.3 1.3 Programming Practice 175 --- Expert Report and Declaration of Thomas Cargill, dated May 19, 2006 (Under Seal) 213 --- Expert Report and Declaration of Brian W. Kernighan, dated May 18, 2006 (Under Seal) 214 --- Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated July 17, 2006 (Under Seal) ============================ 3.X.1.4 1.4 Industry Demand 106 --- Form 10-K, filed by Caldera International, Inc. for the fiscal year ended October 31, 2002 215 --- Reply Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated August 28, 2006 (Under Seal) ============================ 3.X.2.0 2. Conceptual Nature of the Disputed Code 213 --- Expert Report and Declaration of Brian W. Kernighan, dated May 18, 2006 (Under Seal) 214 --- Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated July 17, 2006 (Under Seal) 215 --- Reply Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated August 28, 2006 (Under Seal) 226 --- Declaration of David Mazieres, dated September 23, 2006 ============================ 3.X.3.0 3. Unoriginality of the Files 213 --- Expert Report and Declaration of Brian W. Kernighan, dated May 18, 2006 (Under Seal) 214 --- Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated July 17, 2006 (Under Seal) 215 --- Reply Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated August 28, 2006 (Under Seal) ============================ 3.Z. Z. Authorship/Ownership ============================ 3.Z.1 1. Cited Linux Files 214 --- Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated July 17, 2006 (Under Seal) 215 --- Reply Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated August 28, 2006 (Under Seal) ============================ 3.Z.2 2. UNIX Files 43 --- SCO's Second Revised Supplemental Response to IBM's Sixth Set of Interrogatories, dated December 22, 2005 (Under Seal) 213 --- Expert Report and Declaration of Brian W. Kernighan, dated May 18, 2006 (Under Seal) 215 --- Reply Expert Report and Declaration of Brian W. Kernighan and Randall Davis, dated August 28, 2006 (Under Seal) 377 --- Excerpts of timeline of Unix development, available at http://www.levenez.com/unix/unix_letter.pdf (linked from http://www.caldera.com/scosouce/) 393 --- Web page titled "FreeBSD", available at http://www.freebsd.org/releases/ 485 --- Settlement Agreement between UNIX System Laboratories, Inc. and Sequent, dated November 25, 1992 and bearing Bates numbers 171077842-46 ============================ 3.Z.3 3. The APA 123 --- Asset Purchase Agreement between Novell, Inc. and The Santa Cruz Operation, Inc., dated September 19, 1995 163 --- Declaration of Allison Amadia, dated September 23, 2006 199 --- Memorandum in Support of Novell, Inc.'s Motion to Dismiss in The SCO Group Inc. v. Novell Inc., Case No. 2:04CV00139 (D. Utah), dated February 9, 2004 239 --- Declaration of Greg Jones, dated September 21, 2006 444 --- Amendment No. 2 to the Asset Purchase Agreement between Novell, Inc. and The Santa Cruz Operation, Inc., dated October 16, 1996 ============================ 3.Z.4 4. The UnitedLinux Agreements 106 --- Form 10-K, filed by Caldera International, Inc. for the fiscal year ended October 31, 2002 221 --- Declaration of Ransom Love, dated September 15, 2006 (Redacted) 348 --- SCO press release titled "Caldera, Conectiva, SuSE, Turbolinux Partner to Create UnitedLinux, and Produce a Uniform Version of Linux for Business", dated May 30, 2002 |
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