I’ve been served!

Wow … that was wild. I’m sitting here working on some code and
projects (~9:43pm) and there was a knock on my door. Some guy
standing there looking a little shady … like one of these guys
chasing bail jumpers. He asked me “Scott Lemon?” as he
pulled out some papers … oh I know what’s going on: I’m being served with a subpoena!

I actually figured this might happen … the IBM lawyers have been
calling me since before my vacation last week. For the many
people who didn’t know … I used to work for SCO. Yes … Santa
Cruz Operation … the ones in the big lawsuits with IBM and
Novell. Now before you start to dis’ me let me provide some
background. I was working for a very innovative startup called Vultus.
I joined a team of guys at Vultus who were working on this amazing
technology that used Javascript, XML, and HTTP to create active
‘applications’ that ran within a browser. Yes … today that is
called AJAX … but we were doing it years before that term came about.
(Shipping product in 2002!)

So anyhow … Vultus was purchased by SCO just prior to the whole
lawsuit issue blew up. In fact, I have to admit that I was
floored. When we were negotiating with SCO about the acquisition,
I was looking forward to the opportunity to working for a Linux
company! Just as they purchased us, we were told one day there
was going to be a huge “Linux announcement”. Yeah … and when I
heard it I couldn’t believe it!

So anyhow, I quickly became the SCOX Architect working on some web
services integration projects, and then architected and collaborated on
a patent with Bruce Grant for a OS independent application
substrate. About that time I became the Chief Technologist and
spent considerable time researching the differences between kernels and
numerous Open Source projects. I have to admit that I really was
given the opportunity to learn a lot about UNIX, BSD, Darwin, and Linux
… along with the vast amount of Open Source that is out there running
on all of these. My real interest was researching the new
substrates … the new layers of software that are emerging as the next
generation platforms above the operating system. I left SCO almost two years ago as they were consolidating and letting a lot of folks go.

Well … it appears that somehow IBM got my name, and with their
discovery deadline coming up fast they must be grasping for straws all
over the place. They called me just before I left on vacation and
asked if I would be able to sit down with them and chat, and then sign
a legal declaration. My question was “How much do I get paid for
my time?” Yeah … right. I told them that if I had the
time I would get back to them after my vacation. It was funny
when the IBM attorney asked where I was going – Hawaii – and then he
actually asked me if I would meet with their attorney’s while on
vacation in Hawaii! I’m guessing that sending attorneys to Hawaii
for a interview would just be a IBM expense paid for by the

They called me this last Monday and when I said I really wasn’t interested they followed up with the following e-mail:


Thanks for your quick reply. We would like to meet with you as
soon as possible. Our discovery period is quickly coming to an
end, and we would like to assure ourselves that we will be able to get
your testimony in a manner that we can use. Our preference would
be to do so through more informal means in a signed declaration.
An attorney would meet with you to put together the facts, then draft a
declaration after the meeting. The attorney would then review the
declaration with you, and obtain your signature at a later
meeting. The other way to get your testimony would be more
formal. We could serve you with a subpoena requiring you to
attend a deposition at which lawyers from both sides could question you
under oath. If you would prefer that to the more informal declaration
option, we could arrange that. Also, if you are unsure if you
would be willing to do a declaration, we could serve you a subpoena
now, and then withdraw it later if you decide to do a
declaration. Let me know if that option appeals to you. One
of our lawyers from either NY or SLC can meet with you virtually any
time, any day, and any place that would be convenient for you. I
understand that our deadlines are not your problem, and that we asking
you for help, so I would like to make this as easy as possible on
you. Please let me know how you would like to move forward.
Please give me a call or reply to this email. Thanks Scott.

Greg T. Lembrich
Cravath, Swaine & Moore LLP
Worldwide Plaza
825 Eighth Avenue
New York, NY 10019
(212) 474-1462
fax: (212)474-3700

Uh … ok. So let me get this straight. Either meet with us
because you are a nice guy and you just want to give us a bunch of
free, uncompensated time … or … we’ll use legal means to force you
to sit down with us. Hmmm … let’s see … in both cases I get
nothing in return for my time. I replied letting him know that
they could feel free to subpoena me. And they did.

Looks like I’ll be visiting the offices of Snell & Wilmer here in
Salt Lake City on the 16th of March. I’ll make sure to blog about
the experience.

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