'Third, because Linux is an infringing derivative work of SCO's UNIX System
V, IBM cannot assert rights in Linux under Tenth Circuit law.'
'Fifth, IBM comes to the Court with unclean hands. IBM seeks to enforce its
alleged copyrights after having itself misappropriated SCO's proprietary
source code, and after attempting to obtain purported evidence for its
claims by hacking into SCO's website'
'40. Linux is a derivative work based on SCO's UNIX System V, Release 4
("SVr4"). (Ex. 276 at 31-33.) Linux is substantially similar to SVr4.
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