The Goldfarb Declaration – Updated: MS Statement

I now have the Larry Goldfarb Declaration, and now that I’ve had a chance to read it in full, what he says is actually a great deal more damaging, if established, than the part IBM highlighted in its Memorandum in Support of Its Motion for Summary Judgment on SCO’s Interference Claims. According to the Declaration, Richard Emerson was not the only Microsoft employee Goldfarb was dealing with in connection with the BayStar investment in SCO. He mentions by name two others, from two other departments. He says, “I had discussions with Kenneth Lustig, Microsoft’s managing director of intellectual property and Tivanka Ellawala, from Microsoft’s corporate development department regarding the SCO deal.” If true, that would seem to rule out Mr. Emerson being on some kind of rogue mission. You can see Mr. Lustig on this Directions on Microsoft chart of executives, showing him reporting to Marshall Phelps, who in turn is under Brad Smith, the Microsoft General Counsel and Secretary.