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SCO claims that documents established by or for 4 fully distinct corporations, AT USL, Novell, and Santa Cruz, are privileged regarding SCO. Even though SCO has nowhere articulated the exact foundation for such a assert, SCO seemingly contends that it may well assert a lawyer privilege belonging to other firms continue to in existence because these providers, like SCO, once owned specific from the UNIX assets at problem in this along with other litigation. SCO can not appropriately declare attorney consumer privilege in excess of files originating with other corporations as well as their Lawyers. The transfer of belongings from 1 entity to a different doesn't transfer the attorney customer privilege too. As a substitute, control of the entity possessing the privileges will have to pass for the purchaser to the privilege to go. It can be undisputed that SCO does not control any on the businesses whose privilege it now promises. Into the extent paperwork which were once privileged as to these companies are transferred to SCO, any privilege in them is waived. To the foregoing causes, and as established forth in even further detail in IBM's memorandum in help of its movement to compel manufacture of privileged paperwork, IBM respectfully requests this Court buy SCO to generate to IBM all paperwork on its privilege log made by or for third events.

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