In another keynote presentation, SCO Senior Vice President Chris Sontag and Mark Heise, a partner at Boies, Schiller & Flexner LLP, the primary law firm representing SCO, presented what they claimed was proof that SCO clearly owned all the intellectual property, copyrights and trademarks for Unix. Presenting what he claimed was a literal copyright infringement in Linux of Unix code, Sontag showed examples of identical registration of variables, lines of code and comments in the same sequence.Sontag noted that a copyright case law also made clear that the quantity of code is not at issue, but rather how important that code is. Turning to derivative works that have found their way into Linux, Sontag said these include NUMA (non uniform memory access), Read Copyright Update (RCU), Journal File System and schedulers. "A number of entities have violated their contracts and contributed inappropriate code to Linux. Thats how Linux has advanced so quickly and found its way into the enterprise so soon," Sontag said. "We have an improbable Linux development process. The current 2.5 kernel contains features and functionality that took years and years to be developed in Unix. With Linux weve seen it develop from a baby to a race car driver in three or four years," he said. SCO could also go after end users who are improperly using Linux for actual damages and seek an injunction to prevent further usage of the infringing material, Heise said, adding that this is playing out as the case of the century as it looked at rights, copyright and usage in this Internet and Web age. Sontag said Linux customers have several choices: stop running Linux or scale back to version 2.2; find another platform that has the appropriate licenses and usage rights; or pay SCO a licensing fee to run Linux in binary form with the appropriate IP from SCO. "We have a very strong case, we have the evidence, we have the contracts and are confident of our position and the rights to defend ourselves," Sontag said. By selling Linux itself, SCO has not assigned all of its copyright ownership to the GNU General Public License. "SCO did not put a copyright into the GPL and authorized the usage of that code in Linux," Heise said.
In terms of obfuscating code, Sontag said SCO has gone through millions of lines of code and developed methods to find similarities. "We have rocket scientists who have applied their spectral recognition and pattern analysis to software, which has yielded amazing results. We have found needles in the Mount Everest-sized haystack," Sontag said.