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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Shouldn't IBM have seen the alleged code by now _without_ having to sign any NDA. They know they have to support of the OSS comunity. Why don't they leverage it. Is it at all possible that they have not seen the, so called, evidence.
Assume that there actually are common and unobfuscated lines is UnixWare and Linux, wouldn't somebody with access to UnixWare source be able to identify them and point out the file in the Linux source code. Perhaps that would not violate this individials NDA. I would guess some NDA exists for anybody having access to SCOs Unix sources but perhaps not one that prevents that person (or company) to blow the whistle about a possible license violation and point out the file/lines in question.
An finally a "what if". What would SCOs actions be if they found GPL:ed code in UnixWare and realised that they already have distributed it. Then, they essentially have two options. Closing down because their only real source of income has now become GPL, or, start a big scam trying to extort money from some big corporations before (eventually) closing down. If this is actually the case, it's rather understandable why they can't show the offending piece of code to the public. It would take to open source comunity not more that a few hours to expose such a scam. At the same time, publicity is very important since this case can absolutely not go to court.
Just a though.
/jarek