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As reported on The Register, SCO are currently distributing a version of Linux - a version that contains the disupted code. They are distributing it under the GPL - as Linux must be - and so have therefore put this disputed code under the GPL. This code is therefore freely available for anyone to use, as long as their use is within the terms of the GPL.
It's quite simple. SCO do not have a case. It's just a question of whether the lawyers manage to convince them of that.
Duncan
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