The Free Software Foundation, the nonprofit group that created the software license that governs Linux, says that it will not produce all of the material requested in a subpoena it received from The SCO Group, Inc., as part of SCO's multi-billion dollar lawsuit against IBM Corp. In a statement published Tuesday, Bradley Kuhn, the executive director of FSF, said that FSF would not betray its legally protected confidences.
Kirkland partner Jeffery Norman said that these "legally protected confidences" may refer to communication between the FSF and its general counsel, Eben Moglen. He added that if FSF had entered into a "joint defense agreement" with IBM to share information relating to SCO's lawsuit, that information too could be privileged.
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