“McBride said that SCO holds the rights to UNIX and that ‘many
Linux contributors were originally UNIX developers.’ Specifically,
he said, ‘We have evidence System V is in Linux,’–directly
contradicting what Sontag had previously testified. Due to the
witness exclusion rule invoked by both parties, McBride was not
present during Sontag’s testimony and wasn’t aware of what had been
said. McBride’s claims also directly contradict internal SCO memos
from 2002, which reveal that the company’s own extensive source
code audits had uncovered no UNIX code in Linux.“McBride attempted to reinforce his argument with analogy. ‘When
you go to the bookstore and look in the UNIX section, there’s books
on ‘How to Program UNIX’ but when you go to the Linux section and
look for ‘How to Program Linux’ you’re not gonna find it, because
it doesn’t exist.’ Then came the real humdinger, and my jaw dropped
when I heard the following come out of his mouth: ‘Linux is a copy
of UNIX, there is no difference [between them]…'”