as a derivative work. They also claim that they have the right to control and restrict the use and distribution of that new code. These claims are the basis of SCO v. IBM. SCO's initial complaint, said that IBM violated the original licensing agreement by not maintaining confidentiality with the new code, developed and copyrighted by IBM, and releasing it to the Linux project. IBM claims that the license agreement (noted in the $Echo newsletter of April 1985) and subsequent licenses defines derivative works as the developer's property. This leaves IBM free to do as it wishes with its new code. In August 2004, IBM filed a motion for partial summary judgment. The motion stated that IBM has the right to do as it wishes with software not part of the original SVRx code. In February 2005, the motion was dismissed as premature, because discovery was not yet complete. IBM refiled this motion along with other summary judgment motions as noted below in September 2006. SCO allegations of copyright and trade secret violations SCO claims that Linux infringes SCO's copyright, trade secrets, and contractual rights. This claim is fundamental to the SCOsource program, where SCO has demanded that Linux users obtain licenses from SCOsource to be properly licensed to use the code in question. Exactly which parts of Linux are involved remains unclear as many of their claims are still under seal in the SCO v. IBM lawsuit. SCO originally claimed in SCO v. IBM that IBM had violated trade secrets. But these alleged violations by IBM would not have involved Linux distributors or end users. SCO's trade secret claims were dropped by SCO in their amended complaint. SCO also claimed line-for-line literal copying of code from UNIX code files to Linux kernel files and obfuscated copying of code, but originally refused to publicly identify which code was in violation. SCO submitted to the court evidence of their claims under seal but much of it was excluded from the case after it was challenged by IBM as not meeting the specificity requirements to be included. These examples have fallen into two groups. The first are segments of files or whole files alleged to originate in UNIX SVRx code such as the errno.h header file. The second group are files and materials contributed by IBM that originated with IBM development work associated with AIX and Dynix, IBM's two UNIX products. Each