Lindon, Utah-based SCO had claimed in July 2006 that IBM directed Linux developers to delete the AIX and/or Dynix source code from their computers.

Magistrate Judge Brooke Wells agreed with IBM’s claim that SCO had in fact had the material at its disposal since March 2005, according to reports at Groklaw, which has been tracking the case since it started in 2003, as well as a number of media outlets.

Judge Wells reportedly agreed that the evidence SCO claimed had been destroyed was actually copies of the AIX and Dynix Unix operating system source code, which IBM handed over to SCO with its CMVC (Configuration Management Version Control) database in March 2005.