From the link it sounds like Boies didn't do his homework before accepting his fee:
At SCO's annual reseller show, the company's executives put up a couple of slides as a way of demonstrating how Unix code had been "stolen" and put into Linux. The two slides were photographed and have since appeared on Heise Online; see them here and here. The escape of these slides has allowed the Linux community to do something it has been craving since the beginning of the SCO case: track down the real origins of the code that SCO claims as its own. The results, in this case, came quick and clear. They do not bode well for SCO.
The code in question is found in arch/ia64/sn/io/ate_utils.c in the 2.4 tree. It carries an SGI copyright. It seems that SGI was not entirely forthcoming in documenting the source of its source; some of the code in question was, indisputably, not written at SGI. So where does it really come from?
This code is from sys/sys/malloc.c in V7 Unix. It has been widely published; among other things, it can be found in Lion's Commentary on Unix (if you can get a copy). It featured in this 1984 Usenet posting. And, crucially, it has been circulated with the V7 Unix source, which was released by Caldera (now the SCO Group) under the BSD license. SCO would like the world to forget about that release now, but the Wayback Machine remembers.
So...SCO's code demonstration, the one that it put up to convince its resellers of its case, comes from a version of Unix which first came out in 1979. The code was publicly circulated in the 1980's, and explicitly released under the BSD license by [the company now known as] SCO at the beginning of 2002. SCO might well have a complaint that SGI did not properly give credit for the code it used. But there is no possible way the company can argue that this code's presence in Linux is an infringement of its copyrights.
