Opinion: Reasons To Shun Open Source-ry (TechWeb)
The SCO lawsuits, at the very least, show that discovery is incredibly easy with an open source product. In order to sue for intellectual property violations, you often have to get your hands on the source code of the defendants' products. That requires convincing a court to force the defendant to turn over the source code in a process called "discovery"; that process can be difficult. The pain associated with getting hold of proprietary source code is one of the things that limits intellectual property lawsuits for commercial software. But with open source software, the code is already available, out in the open." You have to admire the honesty of it: the risk with free software is that plagiarism is easier to discover.
