“IBM goes for the jugular”:groklaw: IBM tells the judge that as recently as August 4, 2004, SCO(Santa Cruz Operation/SCO Group/Caldera) was still offering the Linux 2.4 kernel for download, the very code it is suing IBM(International Business Machines) over. My understanding of the significance of this revelation is that SCO has now released knowingly all the code at issue under the GPL(Gnu Public License). In the beginning of the case, they said they didn’t know the allegedly infringing code was in there when they released Linux under the GPL. They can’t say that since they filed the lawsuit in March of 2003. Now, in August of 2004, they are still distributing the same code under the GPL. Under the terms of the GPL, there is no taking that code back that I know of. I think, therefore, that SCO’s case just went poof, on this one issue alone.

[groklaw]http://www.groklaw.net/article.php?story=20040816111607708