Reminds me of Ashton Tate vs. Fox
Ashton Tate sued Fox Software for "stealing" their language (not source code in this case, but the XBase language).
It turned out that the language was originally developed in NASA's JPL lab by a guy fiddling with better ways to track football stats. It was done on gov time so no private firm could claim ownership. The case was dropped.
In the SCO case, all they seem to know is that some of the code is the same or similar, but have no evidence of who put it there, when, or who had it first so far.
What needs to be done is an investigation rather than lawsuits. It is sue first and ask questions later.
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