3618 Alameda Apt 5 Menlo Park CA 94025 July 27, 2004 The Honorable Rae Lee Chabot Circuit Court Judge State of Michigan Sixth Judicial Circuit Court 1200 N Telegraph Rd Pontiac MI 48341 Re: Videotape of July 21, 2004 Motion Hearing in Civil Case 2004-056587-CK, SCO GROUP INC VS. DAIMLERCHRYSLER CORP Dear Judge Chabot: I write in support of my request for a videotape of the July 21 motion hearing in the SCO vs. DaimlerChrysler case. SCO's lawsuit has implications for many members of the public. As SCO stated on page 10 of its brief in opposition to summary disposition, the certification request that is at the heart of this case was also made of over 750 other licensees. SCO's allegations regarding UNIX and Linux have potential ramifications for the millions of Linux users throughout the world. The case has also featured prominently in SCO's statements to the investing public. These implications have sparked considerable interest in the case. Over 150 recent news reports on the case can be found at the internet news search service news.google.com. Some 2,000 registered users have contributed to the ongoing discussion of this case and SCO's other UNIX and Linux cases at the internet web site groklaw.net. If I am provided a video, I will add it to the collection of filings in this case that I have been making available to the general public through the internet site scofacts.org (which is not affiliated with plaintiff SCO Group). The last nontrivial filing I posted there, the defendant's reply brief in support of its motion for summary disposition, was accessed from over 200 different internet addresses (this indicates that approximately 200 people viewed it, but the computer logs do not indicate how many different people may be sharing an address, nor how many different addresses a single person may be using). The use of videotape to record proceedings is governed by Michigan Supreme Court Administrative Order 1990-7 and this circuit's Administrative Order 2003-3. The Supreme Court's order does not address the issue of making the tapes public, and the local order states only that access to the video by non-parties is "within the discretion of the judge who handled the proceeding". As both a Linux user and as an investor who has been trading SCO's stock, I have an interest in this case and in reviewing the video. I am also a "media agency" as defined in the Michigan Supreme Court order that governs media coverage of court proceedings, Administrative Order 1989-1 (section 1(b) defines a media agency to be "... any person or organization engaging in news gathering ..."). That order also states that "Film or electronic media coverage shall be allowed upon request in all court proceedings" with the exception that the judge may exclude coverage "upon a finding, made and articulated on the record in the exercise of discretion, that the fair administration of justice requires such action". Providing a videotape has the same benefits of increasing public access to the courts that a televised broadcast does, but with lesser risks to the court's control of the courtroom. It is therefore appropriate that a similarly liberal or more liberal standard be applied to videotape access as to broadcast access. I know of no reason for the court to find that the fair administration of justice requires withholding this video record. I respectfully request that the court approve furnishing a copy of the videotape to me. Yours truly, Alan P Petrofsky CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of my attached Request for Copy of Videotape and supporting letter was sent by certified U.S. mail on July 27, 2004 to the attorneys of record of all the parties to the case at their addresses given on the pleadings, specifically: Joel H. Serlin Barry M. Rosenbaum Attorneys for Plaintiff The SCO Group, Inc. 2000 Town Center Ste 1500 Southfield MI 48075 James P. Feeney Thomas S. Bishoff Stephen L. Tupper Attorneys for Defendant DaimlerChrysler Corporation 39577 Woodward Ave Ste 300 Bloomfield Hills MI 48304 ____________________ Alan P. Petrofsky