Judge in SCO-IBM Case Rejects Media Intervention

Judge in SCO-IBM Case Rejects Media Intervention


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SALT LAKE CITY (AP) -- A federal judge has turned down a request by three news media companies to intervene in the $5 billion lawsuit by SCO Group against IBM over software code used in the Linux operating system.

However, U.S. District Judge Dale A. Kimball did establish some criteria for deciding which documents in the case may be sealed.

IBM and SCO have exchanged many documents under seal, without court review, under a confidentiality agreement.

G2 Computer Intelligence, CNET Networks and Forbes asked last week to intervene, and asked Kimball to have files unsealed or at least have the parties explain why the documents were sealed.

In his ruling Thursday, Kimball ordered attorneys to review already filed documents to determine if any should be unsealed.

Kimball said the court "does not have the resources to monitor whether each sealed document is appropriately sealed.

But he said that if he becomes aware that documents are improperly filed under seal, he may impose monetary sanctions.

The SCO Group, based in Lindon, Utah, claims in its suit that International Business Machines Corp. copied Unix code into the freely distributed Linux operating system. SCO claims rights to Unix.

(Copyright 2005 by The Associated Press. All Rights Reserved.)

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