> I don't think that listing all files that have SCO, or SMP in them is due diligence > either, but the judge might if he doesn't really understand how this was done.
A dangerous assumption. In the Dr Godfrey vs Demon Internet libel case, Demon Internet's case collapsed during the pre-trial hearing. During the (not under oath) discussions of the "discovery" - as the agreed evidence is known - a member of Demon's staff asserted that they had no way to know how many of the newsgroups on their nntp servers were being read by their subscribers. Hizzonour - Mr Justice Edie - stopped him. He reached into a 15" pile of paper on his desk, flipped through two or three, and pulled one out. "Excuse me, but that isn't what you said in your last capacity plan in January this year. You have clearly analysed access not only by newsgroup to decide placement but also what percentage is your own clients." SPLAT!!! Even the barrister prosecuting was stunned, and leaned over to say: "Is he right?" He was. Beware Hizzonour. An out-of-court settlement followed within the hour. -- Phil Payne http://www.isham-research.com +44 7785 302 803
