Three scientists took the train northwards from England to attend a multi-disciplinary conference in Edinburgh.
Conversation flagged as the journey continued, until some time after crossing the border into Scotland when the social scientist, used to seeing Friesan herds in the south, pointed out some Highland cattle.
"Oh, look", he said, "the cows are brown in Scotland!"
The physicist put down the newspaper and looked out of the window.
"Yes, so I see, but your remark isn't scientific, you know. You can't know that all the cows are brown. What do you think, Bob?"
Bob the mathematician glanced up over his glasses at the grazing cattle.
"Observation shows that, through this window, at least one side of some bullocks in Scotland appears brown".
Moral: question your assumptions.
As AC points out, I WAS talking in my first reply about whether or not SCOG could be said to own the code, not on the fact of copying or derivation from anywhere.
I'd add another point to your list of So:
-Even if they owned the code and even if some lines of it were infringed and even if Novell's waiver doesn't hold, SCOG went on distributing *the same code* under the GPL for years after they started suing folk (IBM, Novell, Autozone, RedHat...).
I've got a licence for the Linux kernel from Caldera/SCOG already. As SCOG's lawyer said in his summing up for the jury trial in Utah, SCOSource is gone and it can't be resurrected.
http://www.groklaw.net/article.php?story=20100326184700459
You knew the job was dangerous when you took it, Fred. -- Superchicken