As a follow-up to my SCO Debacle post a while back, I came across this article, SCO Hit by Legal Action in Germany and smiled a bit. I admit that I am very suspect of SCO's claims (I still view this as a ploy for SCO to earn income on something they do not completely retain billing rights over), but at the same time, the real reason for my smile was because they are actually being forced to back up claims with proof - i.e. if they want to make the claim that Linux (in general) has infringed upon their property rights/patents and they are owed money, they need to provide proof. They haven't provided proof, ergo their claims are baseless and misleading. I'm still surprised that the FTC hasn't stepped in to stop them from continuing with the line that Linux has stolen conceptual data from them. It appears to be misleading advertisements to me.
The question of whether Linux code contains SCO owned code is certainly interesting. I don't see how SCO can actually manage to regain control over source code that has already been submitted to the public and is in many cases under the GPL... Regardless, if SCO ends up proving Linux contains proprietary code, I would imagine we would see a swift change in the code-base of Linux that would rid the project of any code that they cannot freely use. ...an arduous task, indeed, but possible nonetheless.