Timeline

    If SCO knowingly sold Sun a license so that OpenSolaris could be released as an open
source product, does that not blow away SCO's IBM Case ?

   What I mean is that if the Source Code for Solaris is open, why could that code NOT be
merged into Linux?

The case against IBM pre-dates the SCO/Sun deal that (apparently) allowed such to release the
code under something like the CDDL.  More importantly the allegations by SCO are that IBM did
this merging and release long before that.

If SCO could show that IBM really had release sources in this manner then they could also
readily claim that, since the cat was already out of the bag, their deal with Sun amounts to
way of extracting some revenue from the  "intellectual property" that IBM devalued.

(All of this is quite apart from the fact that the CDDL and GPL licenses are not compatible
for co-mingling sources and that there has been no credible evidence of any such co-mingling
to date).

JimD