"As you can see, it's basically something like five files, it's just that several of them are replicated for every single architecture out there," Torvalds wrote, pointing to the files listed on the letter. "And the thing is, those files don't even contain any code. They contain things like the error number lists -- and, yes, we made the error numbers match with traditional Unix on purpose, since, for example, Linux/alpha wanted to be binary-compatible with OSF/1. Ask any programmer what this is, and he'll tell you it's just a C header file that gives symbolic names to static error numbers."
Torvalds also said Novell apparently the SCO copyrights are being contested.
While acknowledging that filing a case against an end user is an unpopular and aggressive legal tactic, McBride claimed that IBM, Red Hat and others have exposed their customers by allegedly hiding behind the GPL. "Everyone points to a clause where they don't have liability, they are pushing the liability down to the users," he said.
Meanwhile, SCO narrowed its losses during its fourth fiscal quarter to $1.6 million from $2.7 million a year ago, although it would have reported a $7.4 million profit in the quarter before the $9 million in legal fees it paid out to fund its expanding litigation.
The price tag could get higher as SCO opponents gird for legal battle.
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