In Exhibit 425: “Transcript of August 14, 2003 Conference Call, titled “Q3 2003 The SCO Group Earnings Conference Call’”, on p.5 (p.7 in PDF), The SCO Group's President and CEO, Darl McBride, states:

Let me give a general comment about the first concerning licensing. And then maybe we can talk generally. We kicked off the licensing program last week but then the first four business days of a program we had hundreds of companies contact us about the program and during that same period of time, we also signed our first licensee. The identity in terms of the agreement on this first contract are confidential. What I can tell you, the licensee is a Fortune 500 company and the license was purchased for each of the Linux servers running in their business. [...]

(md5: 32834cfe868df6cd955cdb358cc96c08 IBM-835-Exhibit_425.pdf)
(Groklaw alternate transcript)

Which is the more favorable set of facts for the non-moving party? Copyright infringement or stock fraud?

Under what circumstances does a federal district judge have an obligation to notify the SEC or the US Attorney?