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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The theft of archaic Unix code has NOTHING to do with the current case. AFAIK, SCO is suing IBM because they claim they violated trade secrets to help Linux. It has nothing to do with the code... At worst, they must prove that IBM used the UnixWare code illegaly (by reading the code and recoding it in a different way) to help the development of Linux.
IMO, they must prove that IBM employees added the code in the kernel if they want to use that proof. It's not their fault if a SCO employee or some l33t Unix guru ripped code from UnixWare to put it in Linux. They must prove that IBM is guilty. If they claim that the Linux movement steal their code, they must go against who's in charge of the code (Linus), not IBM.
julan, you can read many articles on the Net on why they're probably wrong. You're right for your second point, and I'm surprised that nobody noticed that before. A rewrite wouldn't be enough.