Кратко: теперь ИБМ сперла код SVR4 (на тот момент уже во владении СКО, релизнув его под видом AIX %-)
https://arstechnica.com/tech-policy/2017/10/appeals-court-keeps-alive-the-never-ending-linux-case-sco-v-ibm/
n essence, SCO has argued that IBM essentially stole, or misappropriated, its proprietary code (known as UnixWare System Release 4, or SVr4) in the May 4, 2001 release of the «Monterey operating system,» a new version of UNIX designed for IBM’s «Power» processors. However, this Monterey OS was incomplete, as it lacked a compiler.
On that same day, according to the 10th Circuit: «IBM released for general distribution a version of its own proprietary AIX for Power product that included the code. SCO thus argues that IBM released a ‘sham’ version of the Monterey system in order to legitimize its own general distribution of the AIX for Power product containing Santa Cruz’s code. (Aplt. Br. 2, 13.) This is the essence of misappropriation claim.»
The case will now go back to Judge Nuffer in federal court in Salt Lake City.