IANAL, but I believe the bottom line of the SCOg vs IBM case was that
discovery was over. PSJ's had been filed and it was the eve of planning the
Court Trial.
So anything of pertinent value will have (or should have)
been turned over. IBM already has what they need.
If SCOg destroys
pertinent documentation - such as a document of there's that IBM presents as
evidence - I believe the Court's would view that as inference of the contents of
the document against SCOg..... oops.
As a result, if SCOg destroyed any
evidence, it was evidence that might have protected SCOg itself.
Caveat:
I hold out no hope any sanctions for anything (like frivolous lawsuit) will
occur. So I don't put much weight of value on any documents that might indicate
that.
At this point, McBride, Stowell and Sontag have "gotten away with
it".
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