Compuware Corporation, which sued IBM for software piracy two-and-half years ago in a case that's due to go to trial in three months, rushed into court the other day with an "emergency motion" in hand asking the court to slap IBM around and find in its favor for suddenly finding "critical" source code in two separate locations on opposite sides of Australia after discovery had closed and the case was about to be heard. Compuware also wants its legal bills reimbursed.

At the very least Compuware, which claims IBM stole its source code and charges it with unfairly using its mainframe monopoly, wants the just-unearthed source code suppressed as evidence.

IBM was ordered to produce the source code in July 2002. Instead it evidently produced "numerous sworn statements" that the code didn't exist. Since IBM didn't produce the code, Compuware failed to get the injunction it wanted. Now Compuware is afraid it's being "sandbagged" with "additional burdens and delays."

SCO of course, which is suing IBM for $5 billion for allegedly putting its source code in Linux, claims to be having a devil of a time getting IBM to produce court-ordered discovery.