Linked by Roberto J. Dohnert on Tue 10th Jun 2003 01:06 UTC
On March 7th 2003, the SCO Group filed a lawsuit against IBM for misappropriation of tradesecrets and contractual agreements. The scope of SCOs complaint is that IBM introduced parts of Unix System V and Project Monterey into the Linux kernel. Project Monterey was a effort to port IBM's AIX 5L onto the Intel Itanium platform, IBM withdrew from that project for reasons unknown according to the press, I believe that it was because the Itanium is a bomb. 
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Of course, but Microsoft doesn't state that the contents of their products are subject to the GPL. The kernel is clearly a GPL'd piece of software and SCO was distributing it along with everyone else under this license. They now say there's code in there that shouldn't be. Sorry, but tough luck. They distributed the so-called 'tainted code' with full knowledge...under the GPL.