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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SCO included. They continued to distribute the offending code after they sued IBM, so surely they're as liable as the rest.
of course, liability in this case might not mean much. they wouldn't lose a lot taking themselves to court. you also have to remember the IBM suit wasn't about stolen code, it was about trade secrets. so, it's more or less irrelevant when the IBM suit started.
Could you imagine any another company, Ford for example, saying "Yeah... the part is flawed, but we didn't know it was even in there". Gimme a break.
but, this is exactly what everyone else is going to claim. until someone actually sits down and does an audit of the code, no one really knows. Ford also deals with something they designed... SCO/Caldera didn't design either, and I doubt anyone on staff has dealt line by line with either.
if they added the code, then it should be GPLed. if someone else did and they didn't notice, then I wouldn't blame them.