technology moves on...
At this stage it is becoming akin to arguing over the rights to the first printing press. Most people don't use printed media anymore and those that do are using presses that probably bear little or no resemblence to that first one. Even movable type presses (not sure that is the correct name, but you know the ones) are not really relavent anymore. The code in linux and thus android no doubt has some old parts but it will gradually be removed ... its not like they're arguing over the rights to that tune Happy Birthday
Ultimately SCO might win (I doubt it, but for the sake of argument) and have the rights to ... oh, nothing that is being used anymore. Then good luck retrospectively suing everyone for once using it.