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>>If SCO is able to produce that nasty infringing code -- >>wouldn't that simply allow for those incline to go ahead >>and write replacement code that has nothing to do with >>SCO and their IP?
Sure, assuming that the court allowed you to see the evidence. But they probably won't because SCO will ask the court to keep the evidence sealed. Similarly, even IBM's lawyers leaked the code (or if you were to psychically determine what it is) and you expunged the offending code from Linux, it wouldn't indemnify IBM from liability, if the court finds it violated the ATT/SCO contract.