In court transcripts released over the weekend, it turns out that SCO's Linux copyright case against IBM hunges on just 326 lines of code – a far cry from the "mountain of code" its CEO Darl McBride has been claiming since the start of the action.

Accroding to Groklaw, of the 326 lines, the majority are comments, not code.
"Allegedly, those lines of code infringe 320 lines of Unix code," Groklaw says. "But they aren't copyrightable, IBM says, because they are dictated by externalities, they are unoriginal and they are merger material. Even if they were protected by copyright, those 320 lines don't result in substantial similarity between Linux and Unix."
Groklaw continues: "More details: As for the 326 lines, 11 of 12 files are header files, which aren't copyrightable. Header files don't do anything, IBM's attorney David Marriott explains. You can't run a header file or execute a header file. Header files are just descriptive of how information is shared among the components of an operating system.
"Now, the header files themselves are of three types, #define statements, structure declaration, and function prototypes. The first specifies abbreviations. 121 of the 326 lines are #define headers.
"A #define statement is comparable to abbreviating the 10th Circuit Court of Appeals as 10th Cir. Cir stands for the name and 10 being the number given that particular court. In #define, you have something like #define EPERM.
"All that stands for is Lack of Permission, Marriott continues, so if a user tries to do something in Linux that the user lacks permission to do, the system will throw up that error. The E stands for error, PERM for permission, and 1 or whatever would be the number associated with that. That's what a #define statement is: like 10th Cir. How exactly does EPERM infringe on any rights of SCO, Marriott asks? SCO lists it, but without explaining how it's infringing. Is it the error message? Is it that there is a number associated with the error? Is it the name EPERM? Is it the name and number put together that infringes? SCO has never explained with any specificity, although the court ordered it to do so multiple times.
"As for structure declarations, they just identify something. For example, it could provide identification of the type of computer system running, what the machine is, what version, release, type of machine.
"Function prototypes specify what operations may be performed, using what inputs and producing what outputs. A find function, for example, does exactly what you'd imagine it would do. Same with a message send function. Of the 326 lines, 12 are function prototypes," Groklaw says.
The situation might be a bit different with IBM's counter claim against SCO, Groklaw says. IBM claims that SCO has more than 700 000 lines of IBM's GPL'd code in the Linux kernel.