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SCO Calls GPL Unenforceable, Void

timothy posted more than 10 years ago | from the more-and-more-surreal dept.

Caldera 1186

wes33 writes "Groklaw has a link to SCO's replies to IBM's amended complaints. Some choice bits: '6th Affirmative Defense - The GPL is unenforceable, void and/or voidable, and IBM's claims based thereon, or related thereto, are barred. ... 7th Affirmative Defense - The GPL is selectively enforced by the Free Software Foundation such that enforcement of the GPL by IBM or others is waived, estopped or otherwise barred as a matter of equity. ... 8th Affirmative Defense - The GPL violates the U.S. Constitution, together with copyright, antitrust and export control laws, and IBM's claims based theron, or related thereto, are barred.' Comments are pouring in ... not all of them complimentary to SCO or its legal strategy." Considering that the GPL and the GNU project rely on and affirm the protections of copyright, this seems like a strange argument to pursue.

Sorry! There are no comments related to the filter you selected.

Can you say, "Pump and Dump"? (5, Insightful)

grasshoppa (657393) | more than 10 years ago | (#7324518)

The only problem with all things I see here is DarlandCo. will probably never see the inside of a prison cell, which is unfortunate.

Re:Can you say, "Pump and Dump"? (0)

Anonymous Coward | more than 10 years ago | (#7324654)

Conversly, every cell in their body could be considered imprisoned.
Bunch of meat puppets controlled by his Majesty Satanic.
The whole affair is a more perverse mockery of the legal system than the last Presidential election in Florida.
May God require of DarlandCo. their evil.

Re:Can you say, "Pump and Dump"? (3, Insightful)

EmbeddedJanitor (597831) | more than 10 years ago | (#7324673)

Pump and dump is correct. Any attempts to apply any logic to this are just a waste of time.

At what stage does the pumping cross any legal boundaries? I guess while they're getting professional legal opinions they're still in the clean legally.

its not illegal (1)

ArchieBunker (132337) | more than 10 years ago | (#7324684)

Oh how the world would be a better place if frivilous lawsuits were illegal.

Pump and dump is fraud (3, Insightful)

yerricde (125198) | more than 10 years ago | (#7324724)

In some jurisdictions, bringing a frivolous lawsuit is the crime of barratry. Even in states without tough anti-barratry laws, "pump and dump" is still securities fraud [duke.edu] .

...THERE it is (4, Funny)

r_glen (679664) | more than 10 years ago | (#7324520)

It just wouldn't feel like the start of the week without some new mind-numbingly idiot drivel from the SCO.

Re:...THERE it is (0)

Stumbles (602007) | more than 10 years ago | (#7324556)

You said it.

Re:...THERE it is (1)

Gherald (682277) | more than 10 years ago | (#7324563)

...or without some new mind-boggleingly-original follow up.

s'more for ya (2, Informative)

CodeMunch (95290) | more than 10 years ago | (#7324595)

Royal Bank of Canada Invests in SCO [com.com] 30 out of a 50 million investment.

Re:s'more for ya (0)

Anonymous Coward | more than 10 years ago | (#7324672)

Errr, we've had that posted twice here already. Still, third time's the charm!

FP! (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#7324522)

Frog Purse!
Fist Pus!
Fag Priss!

Re:FP! (0)

Anonymous Coward | more than 10 years ago | (#7324582)

Failing Prominently!

I guess (2, Funny)

i.r.id10t (595143) | more than 10 years ago | (#7324525)

I guess IBM didn't want to show them their IP without a crippling NDA, so this is their next best attempt.

I can't take much more of this (1)

Silent Plummet (715802) | more than 10 years ago | (#7324527)

It makes me want to cry. Sheer greed. Why can't they leave well enough alone? We aren't harming -anyone- or stealing -anything-. Why can't they allow us the freedom to do free things for ourselves?

Re:I can't take much more of this (2, Funny)

Anonymous Coward | more than 10 years ago | (#7324552)

Its a war on nerds, of course.

But what I want to know, is why we aren't teaching them a lesson they wont soon forget?

Re:I can't take much more of this (0)

Anonymous Coward | more than 10 years ago | (#7324610)

Don't be such a naive, whiny baby. This is the real world. Deal with it.

So will it change from BSD is dead to... (3, Funny)

pheared (446683) | more than 10 years ago | (#7324528)

..."GPL is dead" ?

Re:So will it change from BSD is dead to... (0, Troll)

Oryx3 (581472) | more than 10 years ago | (#7324572)

SCO is dead!

There's, that's much better...

Oh no (-1, Troll)

Anonymous Coward | more than 10 years ago | (#7324530)

Wait, they can't do that. The GPL gives rights, it does not take them away. How can somethign that gives rights be illegal? Know the GPL, and the GPL shall set ye free. The GPL gives me reason to wake up every day and face another day of unemployment, because I know I can give to the great community of IT profesionalls and they will give to me. Why does Corporate Nazi Bill Gates have to take this away from me?

FP (-1, Redundant)

Anonymous Coward | more than 10 years ago | (#7324531)

Ok, fine. Time to put this to the test.

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Re:FP (0)

Anonymous Coward | more than 10 years ago | (#7324602)

I want those 5 minutes of my life back, dammit.

morons declare corepirate nazis obsolete (0)

Anonymous Coward | more than 10 years ago | (#7324533)

that's it. re-fauxking-boot.

nazi hostage rescue element added to newclear/ppr (0)

Anonymous Coward | more than 10 years ago | (#7324597)

feel free to use the pateNTdead eyecon0meter kode as needed.

Obligatory (5, Funny)

CSharpMinor (610476) | more than 10 years ago | (#7324536)

7th Affirmative Defense: The GPL is selectively enforced.

8th Affirmative Defense: The GPL is Unconstitutional and invalid.

9th Affirmative Defense: ???

10th Affirmative Defense: Profit!

SCOX ticker says it all (3, Informative)

mackman (19286) | more than 10 years ago | (#7324538)

Over a 4% drop after hours looks like the investors are starting to lose faith in their questionable legal strategy. I wonder if SCO will just drop the suit once all the exec have finished dumping their stock.

Re:SCOX ticker says it all (1)

scott_evil (266713) | more than 10 years ago | (#7324577)

I just wish I'd bought SCO stock when this all started.

Re:SCOX ticker says it all (2, Insightful)

Moofie (22272) | more than 10 years ago | (#7324667)

Making yourself culpable for their actions since? My integrity is worth more than that.

Violates The Constitution?? (2, Funny)

Azghoul (25786) | more than 10 years ago | (#7324539)

LOL!

Wow, now, I understand the legal "carpet bombing" theory, but COME ON NOW.

Then again, I'd like to "violate" certain folks at SCO, I'm sure they'd love a little man-meat...

Diagnosis (2, Funny)

pheared (446683) | more than 10 years ago | (#7324569)

Hibbert: Aaah. Diagnosis -- delicious.
Homer: I've got the presciption for you, another hot beef injection!

Microsoft (0)

110010001000 (697113) | more than 10 years ago | (#7324546)

Now we know the REAL strategy. The point of the entire excercise is for Microsoft and their cronies to destroy the GPL and free software. Who didn't see this coming? It is time for WAR!

WTF? (2, Funny)

altp (108775) | more than 10 years ago | (#7324549)

Only want SCO is gonna win is if they start sharnig some of that crack.

Re:WTF? (3, Funny)

painehope (580569) | more than 10 years ago | (#7324639)

Judging from your typing and sentence construction, they have.

SCO and DOS (0)

adius (613006) | more than 10 years ago | (#7324550)

I can see SCO being DOS'ed out of existence soon.

Re:SCO and DOS (0)

Anonymous Coward | more than 10 years ago | (#7324634)

You mean DoS, right?

No wait... I see now, since DOS is dead, so will SCO soon. Ok. I get it now.

Re:SCO and DOS (0)

Anonymous Coward | more than 10 years ago | (#7324663)

No, I can see SCO being DRDOS'ed out of existance soon.

Re:SCO and DOS (0)

Anonymous Coward | more than 10 years ago | (#7324705)

Newsflash buddy, having your website off the internet doesn't mean you cease existance. Step out your front door for a second and you'll see what I mean.

Comments (4, Funny)

r_glen (679664) | more than 10 years ago | (#7324551)

"Comments are pouring in ... not all of them complimentary to SCO or its legal strategy"

This /. article will help at least

Pretty strong claims.. (1)

the uNF cola (657200) | more than 10 years ago | (#7324557)

This hasn't gone to trial, and you have thousands and THOUSANDS of developers who agree, "You can't do this or that unless you follow the following."

Pretty big words for a company who has no berring over how the law is interpreted. Take it to court first.. we'll get the official word and the plausable reasons first.

Proving freedom of speech (5, Funny)

HeX86 (536126) | more than 10 years ago | (#7324558)

At least he proves that people can run around beeing flaming idiots, thus upholding the bill of rights.

SHUT THE FUCK UP (-1, Flamebait)

Anonymous Coward | more than 10 years ago | (#7324633)

see subject, you fucking asshole.

I agree! (5, Funny)

Guppy06 (410832) | more than 10 years ago | (#7324564)

"The GPL violates the U.S. Constitution, together with copyright (laws),"

Yes! I, too, feel that current copyright laws violate the U. S. Constitution! I'm glad somebody has finally come on-board with this, even if it is SCO. :)

they admited to releasing the kernel under GPL (0)

Anonymous Coward | more than 10 years ago | (#7324573)

damn, they just majorly shot themselves in the foot and blew their own case. I mean, that's like taking a rocket launcher to kill a tiny ant crawling across your new shoes. It's jus too funny. That's going to come back and haunt them in court.

Re:they admited to releasing the kernel under GPL (1)

Chris_Mir (679740) | more than 10 years ago | (#7324701)

No, it just means they go all the way, all or nothing. As they have stated, the GPL doesn't mean anything, so releasing the kernel under GPL means void to them.

EFF (5, Insightful)

erikharrison (633719) | more than 10 years ago | (#7324576)

It doesn't matter how the EFF handles GPL violations since they are not the licensor. If they were, then unequal application of the GPL would only invalidate (if it did invalidate) the licence of the GPL software owned by the EFF.

If Linus is unequal in his pursuit of his intellectual property rights vis a vis the GPL that only renders Linus property rights at issue, not the GPL. The GPL is a licence (like the Microsoft Shared Source Licence, or even EULA) and not an institution. Since the GPL is one of the more innovative licences we often lose sight of that fact.

(IANAL, of course)

Re:EFF (1)

Feyr (449684) | more than 10 years ago | (#7324643)

i was under the impression that you didn't lose your rights to enforce a copyright by selectively enforcing it. only trademarks.

that's kind of a weird position for sco to take anyway, considering that "their" source has been available for 30 years

Re:EFF (2, Redundant)

dbarclay10 (70443) | more than 10 years ago | (#7324682)

As another poster has said, "selective enforcement" is irrelevant as far as copyright is concerned. You're free to license your copyright to somebody and then let them do whatever the hell they want - regardless of the terms of the license, you don't lose copyright.

Now, if you fail to enforce *trademarks*, you can lose them.

Re:EFF (4, Informative)

squiggleslash (241428) | more than 10 years ago | (#7324696)

The EFF certainly aren't the licensor. In fact, I don't personally know of any software where the copyright is owned by the EFF, the Electronic Frontier Foundation.

Now the FSF on the other hand, the Free Software Foundation... that's a different kettle of fish. They own the copyrights on a large suite of applications. As you say, they only enforce the GPL for the software they own the copyrights to, though in the past I believe they've helped with things like Linux (the kernel).

EFF, FSF. I guess it's almost as bad as that RIAA/MPAA thing that Slashdotters keep getting confused about...

Re:EFF (1)

mkettler (6309) | more than 10 years ago | (#7324700)

Well, it's the FSF they mentioned, not EFF, but close enough.

Regardless, it shouldn't matter who is doing selective enforcement. If I recall correctly, only trademarks and the like are subject to loss of rights due to lack of enforcement. However copyrights are subject to no such restrictions, and the GPL is a contractual license, offering broader rights than base copyright.

I don't think there's any restrictions on enforcements of contracts either, unless they can prove that said enforcement is only done in violation of some other laws (ie: discriminatory based on race).

But I'm also not a lawyer.. I merely pontificate about the topic on slashdot like all the other unqualified people :)

Re:EFF (0)

Anonymous Coward | more than 10 years ago | (#7324706)

i cannot beleive some lame-ass moderator modded this up. The EFF has nothing to do with this case. The FSF, OTOH.......

First Post! (1, Redundant)

obeythefist (719316) | more than 10 years ago | (#7324584)

For me I never posted on Slashdot before. I do like the GPL though! It's agonising to see the GPL is still untested after all this time. Do you think it will be SCO that sets some legal precedents for the GPL?

Linux is an unauthorized version of UNIX? (5, Interesting)

pstreck (558593) | more than 10 years ago | (#7324585)

Denies the allegations of paragraph 16 and alleges that Linux is, in actuality, an unauthorized version of UNIX that is structured, assembled and designed to be technologically indistinguishable from UNIX, and practically is distinguishable only in that Linux is a 'free' version of UNIX designed to destroy proprietary operating system software.
How can Linux, which is merely a kernel, be called a version of UNIX? In theory it is possible to build a completely non-unix like operating system that runs on the linux kernel. Shouldn't they claim that GNU is the unauthorized UNIX derivitive?

Re:Linux is an unauthorized version of UNIX? (-1, Flamebait)

Anonymous Coward | more than 10 years ago | (#7324657)

Oh, man, you're right Stallman!

Re:Linux is an unauthorized version of UNIX? (2)

gnuber (605327) | more than 10 years ago | (#7324712)

Shouldn't they claim that GNU is the unauthorized UNIX derivitive?

But "GNU's Not Unix".

Re:Linux is an unauthorized version of UNIX? (4, Interesting)

joto (134244) | more than 10 years ago | (#7324717)

In theory it is possible to build a completely non-unix like operating system that runs on the linux kernel.

In practice too [pliant.cx]

OB Chewbacca Defense quote (4, Funny)

gaj (1933) | more than 10 years ago | (#7324587)

Ladies and gentlemen of the supposed jury, I have one final thing I want you to consider: this is Chewbacca. Chewbacca is a Wookiee from the planet Kashyyyk, but Chewbacca lives on the planet Endor. Now, think about that. That does not make sense!

Why would a Wookiee -- an eight foot tall Wookiee -- want to live on Endor with a bunch of two foot tall Ewoks? That does not make sense!

But more importantly, you have to ask yourself: what does that have to do with this case?

Nothing. Ladies and gentlemen, it has nothing to do with this case! It does not make sense!

Look at me, I'm a lawyer defending a major record company, and I'm talkin' about Chewbacca. Does that make sense? Ladies and gentlemen, I am not making any sense. None of this makes sense.

And so you have to remember, when you're in that jury room deliberating and conjugating the Emancipation Proclamation... does it make sense? No! Ladies and gentlemen of this supposed jury, it does not make sense.

If Chewbacca lives on Endor, you must acquit! The defense rests.

Re:OB Chewbacca Defense quote (1)

obeythefist (719316) | more than 10 years ago | (#7324611)

But.... Chewbacca doesn't live on Endor, he lives with Han Solo on the Millenium Falcon.

Re:OB Chewbacca Defense quote (0)

Anonymous Coward | more than 10 years ago | (#7324691)

Exactly! It does not make sense.

Re:OB Chewbacca Defense quote (0)

Anonymous Coward | more than 10 years ago | (#7324661)

aaah: yeay for the obligatory futurama quote... of DOOM!

Re:OB Chewbacca Defense quote (0)

Anonymous Coward | more than 10 years ago | (#7324683)

aaah: yeay for the obligatory futurama quote... of DOOM!

South Park quote, but whatever...

Re:OB Chewbacca Defense quote (1)

HaloZero (610207) | more than 10 years ago | (#7324719)

Look at the monkey! Look at the pretty monkey!

[Juror's head explodes...]

The message is clear. (0)

Anonymous Coward | more than 10 years ago | (#7324590)

SCO has failed!

Maybe it would be a good thing (0)

Anonymous Coward | more than 10 years ago | (#7324591)

I don't like the GPL anyway. If the GPL turns out to be void, people would have to use other, better licences like the BSD or MIT licenses.

What would happen to all that GPL code? Would it become public domain?

In Other News... (0)

Anonymous Coward | more than 10 years ago | (#7324593)

Anonymous Coward calls WinXP EULA Unenforcable and Void. This gives me a right to make as many copies as I want, as there's nothing governing it.

Seriously, the GPL only grants rights that copyright would normally restrict. What freedom are they trying to gain by declaring the GPL unenforcable?

I think I speak for all of us when I say... (1)

Magic Thread (692357) | more than 10 years ago | (#7324596)

Is that so? Well, FUCK SCO.

unenforcable = void? (3, Interesting)

eagl (86459) | more than 10 years ago | (#7324598)

You mean I can break any license I want if it's unenforcable? I can just say "they can't catch me" and that's a valid legal reason to declare a license void?

Schweet! I have an unlimited number of win9x copies now, because all those licences are VOID BABY! Music copyright? Unenforcable, therefore VOID BABY!

SCO allegations unenforcable? I have an unspecified copies of unspecified versions of unspecified distributions of Linux... SCO can't enforce anything on me, so their claims are VOID BABY, YEA!

"Your Honor, I'd like to cite precident, SCO vs. everyone, in which it was ruled that any unenforcable license is void. Since I'm only being tried for stealing a tenth of the stuff I stole, but you can't prove I stole the other stuff, the licenses covering all of it is void. I move for dismissal of all charges plus I claim ownership of every physical object my stolen stuff touched, because their ownership rights is unenforcable and therefore void."

Strung up by their own rope (4, Insightful)

BlackSabbath (118110) | more than 10 years ago | (#7324599)

If the GPL is unenforceable, then unless SCO got written permission to distribute the code by all the myriad other kernel contributors (and in fact the developers of every other bit of GPL'ed software that they are distributing in their own distr - still available via FTP) then they themselves are in breach of all those people's copyright over code they wrote.

Please, I beg ANY developers of GPL'ed code that is in SCOs distro on their FTP site. Please sue these bastards for breach of copyright. I am willing to pony up $100 to anybody about to do this.

This madness has just got to end.

Re:Strung up by their own rope (0)

Anonymous Coward | more than 10 years ago | (#7324641)

isn't that suppose to be "petard".. as in "strung by his own.." ?

Consitutional Copyright Protection (4, Interesting)

SupeRobot Ninja (719240) | more than 10 years ago | (#7324600)

What on earth? IANAL, but isn't the whole basis of copyright law that the copyright holder can do whatever the hell he wants to with his material? It may be the case that the GPL is selectively enforced--possible if highly doubtful--but to call it unconstitutional is like saying that laws protecting churches from arson (like all buildings are protected from arson) are unconstitutional because they represent an establishment of religion.

in other news... (3, Funny)

painehope (580569) | more than 10 years ago | (#7324603)

SCO's research team announces break-through partnership with CIA, distributing their newly-announced SuperCrack(tm).
"Our field testing has proven very effective," says Ralph Synles, head of SCO R&D, "Subjects spend almost every waking moment in a projected fantasyland, and the way their hearts are racing, I would say they are high as fucking hell."
"Pink fuzzy secret code wonderful property tastes like intellectual NDA violations. Call my stock broker!" SCO's CEO, Daryl McBride, was quoted as saying, before giggling and waving around several blank sheets of printer paper.

Beliefs. (1)

mindstrm (20013) | more than 10 years ago | (#7324605)

You know, this sounded rediculous to me.. and it still does of course.. but in discussing this with other people, who perhaps are victims of anti-OSS fud...

There are a great many people out there who believe things like:

You can't write commercial software for linux; if you use GCC to build something, it's GPL also. and so on.

The GPL is only enforced by the FSF. All GPL code belongs to the FSF.

They do NOT see it as just like any other operating system.. they think you are bound to keep everything you do with it open and free.

That makes it for SCO (1)

Pope Raymond Lama (57277) | more than 10 years ago | (#7324606)

Until now, one PHB or other could be tempted to think that there was somre reasoning to them.

But that is it. With these claims, in any country were law and rights could be barely understood as such, it would be a matter of FSF stepping in and getting SCO shut down forever.

In USA lets see how much time does it take to happen.

What? (5, Interesting)

TheSpoom (715771) | more than 10 years ago | (#7324609)

IANAL.

This is how I understand it:

Copyright law says that I, as creator of my work, can control how it is used and by whom.

Licences give me the power to selectively allow freedoms to be given out.

The Microsoft EULA is an example of such a licence, in which paying the licence fee for a Microsoft product allows limited usage of the product as per the terms of the licence. That's what one pays for when they get the product, the right to use it under the terms of the accompanying licence.

The General Public Licence allows one as a Copyright owner to selectively give rights to users to use the product as long as they accept the licence. Said licence tells them that any derivative works must also be licenced under the GPL.

So what am I missing here? Is SCO saying that licences shouldn't exist? Are they saying that Copyright law is wrong? Have they just simply gone out of their minds? Because the licensing business model has existed in the software industry for ages.

The idea behind the GPL is nothing new, it's just intended to guarantee freedom rather than restrict it. It's another type of licence, and it's certainly as valid as something any other software vendor would choose to put on their products.

Yeah, right. This'll never make it to trial... (1)

stienman (51024) | more than 10 years ago | (#7324614)

I'm not even getting my popcorn out.

Seriously. There've been so many times when nerds have asserted that, "This'll be the case to prove the GPL! Yeah!" and they never come to fruition.

So no, I'm not sitting eagerly in my chair waiting for the trail to start. This is a non-story that reporters are following because nothing better is worth writing about right now.

Oh well.

-Adam

Not a GPL fan, but... (2, Interesting)

Brandybuck (704397) | more than 10 years ago | (#7324620)

I'm not the world's biggest GPL fan. But reading it rightside up, upside down, and backwards held to a mirror, it's seems to me to be a valid license in every way. There may be some very minor issues regarding definitions, but there's nothing there that SCO can use to wiggle out of their current predicament.

The US courts have upheld the much more lenient BSD license, and many much more restrictive EULAs, so the GPL seems quite court-safe where it is in the middle.

All your UNIX... (0)

Anonymous Coward | more than 10 years ago | (#7324624)

SCO: All your UNIX belong to us!

Wow. (1)

Tsali (594389) | more than 10 years ago | (#7324626)

I'm convinced. I better get my license fee in before it's too late...

NOT!

What planet did their lawyers come from (5, Interesting)

taustin (171655) | more than 10 years ago | (#7324629)

7th Affirmative Defense - The GPL is selectively enforced by the Free Software Foundation such that enforcement of the GPL by IBM or others is waived, estopped or otherwise barred as a matter of equity

I guess they don't know the difference between copyright and trademark. Selective enforcement has zero effect on enforcebility of copyright. Black letter law.

8th Affirmative Defense - The GPL violates the U.S. Constitution, together with copyright, antitrust and export control laws, and IBM's claims based theron, or related thereto, are barred.'

Export control laws? I see, now. Their defense is "We're to fucking retarded that we need a keeper. Please give us money."

Selective enforcement of copyright violation (2, Insightful)

nuggz (69912) | more than 10 years ago | (#7324703)

Doesn't matter.
If the FSF decides to selectively enforce the GPL and in some way that manages to release their copyright (stay with me).

How exactly does this action relate to IBM?

Even if the FSF was selectively enforcing trademarks, how does that relate to IBMs rights?

They forgot one... (4, Funny)

Moofie (22272) | more than 10 years ago | (#7324637)

They forgot to mention that the GPL makes the Baby Jesus cry.

If anyone cares... (2, Interesting)

oGMo (379) | more than 10 years ago | (#7324644)

I dunno if anyone saw this or cares, but I used my (lack of) GIMP skills to make some borg/SCO icons at the request of KilobyteKnight [slashdot.org] ... it just got posted late so I don't know if anyone saw it.

As I said previously, these just differ by filter; I couldn't decide which I liked. Feel free to use them however.

Re:If anyone cares... (1)

Tsali (594389) | more than 10 years ago | (#7324690)

I pick #3 or #4.

Re:If anyone cares... (1)

Tyrdium (670229) | more than 10 years ago | (#7324709)

Numbers 3 and 4 are definitely the best, with #4 coming out slightly on top. #2 is pretty crummy, and #1 isn't the best. I like numbers 3 and 4 a lot, though...

Blah blah blah SCO (0)

tofubar (631690) | more than 10 years ago | (#7324646)

Have you read ESR's letter to SCO? These are not the people we should have representing us.

well duh... (0)

Anonymous Coward | more than 10 years ago | (#7324647)


SCO Calls GPL Unenforceable, Void

I could've told ya that.

Sometimes the solution is outside the realm of law (0)

Anonymous Coward | more than 10 years ago | (#7324650)

There are many industries where a few jerks with fat legal budgets and little to no conscience have made enormous amounts of money by screwing over the American people. Some would say the most integral part of any free market is the possibility of consumers doing violence to producers, not just by boycotting and shunning their product but actually by burning their offices to the ground, you know, as with many logging, chemical, animal experimentation companies. As long as there are angry people with matches and gasoline, a broken legal system (as any legal system cannot help but be) can coexist with a happy populace.

I'd hate to see (2, Insightful)

SwansonMarpalum (521840) | more than 10 years ago | (#7324660)

SCOX after everyone gets wind of this nonsense tomorrow.

They quite knowingly accepted the terms and conditions of the GPL, long before they ever acquired the rights to UNIX or worked on Project Monterey. Even if by some crazy ludicrous miracle of stupidity they actually managed to get anywhere with their lawsuit regarding Unix rights, I'd be incredulous to see them get anywhere with attempts to prosecute users of Linux, commercial or otherwise.

Despite verbosity, IANAL

During these hostile and trying times... (1)

MrPoopyPants (146504) | more than 10 years ago | (#7324665)

I think we can all agree that SCO can cram it with walnuts.

(... and OpenBSD may be your family's only line of defense.)

This is a good thing. (5, Insightful)

Jaywalk (94910) | more than 10 years ago | (#7324669)

It sounds like the GPL is going to get an airing in court. IBM and most of the other big firms with a stake in Linux probably want that because the GPL is the cornerstone on which Linux was built. If the GPL can't handle a legal challenge, it's better to find that out sooner rather than later. This makes it pretty much guaranteed that IBM won't buy out SCO; they'd rather see the legal test through to the end and make sure their reliance on Linux being owned openly (leaving them free to sell hardware and services) stands up in court.

If the GPL stands up in court, it's SCO's case that is going to be crippled.

it's a shame.. (2, Funny)

Suppafly (179830) | more than 10 years ago | (#7324678)

It's a shame that IBM can't buy out SCO without a bunch of assholes making a lot of money. IBM should do some crazy hostile takeover of SCO.

Reminds me of (1)

Geekbot (641878) | more than 10 years ago | (#7324679)

In South Park voice...
SCO killed GPL!!
You bastards!

SCO's strategy reminds me (0)

Anonymous Coward | more than 10 years ago | (#7324681)

of Monty Pythons Holy Grail.
Daryl - Maybe if we built a large wooden badger.

Is that all? (1)

Chordonblue (585047) | more than 10 years ago | (#7324685)

Wow. And to think that they had STFU for almost 2 weeks. Did the stock drop a bit? Hmmmm. Yup, they were well overdue for more outrageous statements.

copyright licence clue for McBride (1)

linuxislandsucks (461335) | more than 10 years ago | (#7324687)

any lciense that relies on US and or Geneva copyright laws and statues is enforceable including GPL, LGPl and SCO's onw copyrightlicense..

if GPL i s not enforceable ie US and or geneva copyright law is somewho overturn in courts than SCO's own copyright license is also not enforceable!

it. (1)

pizza_milkshake (580452) | more than 10 years ago | (#7324689)

it. just. gets. better.

I don't believe it (1)

jsse (254124) | more than 10 years ago | (#7324694)

This is such a stupid move. If they want to claim that GPL is unenforceable, then SCO cannot enjoy the 'right to distribute' granted by GPL in their Linux products, effective IMMEDIATELY. That's to say, every GPL software authors can now request billions dollars for each copy of every GPL software distributed. KA-CHING!!!!!!

And since this is a self-proclaimed revocation of right on their side, thus a purely case of refusial of license agreement in the deal, i.e. no need to root-up the entire industry by applying this unique license-violation case to all other GPL users.

When I thought hiring monkeys as programmers is bad enough....lawyers...

equity? (1)

autopr0n (534291) | more than 10 years ago | (#7324697)

Since when do you need to be 'equitable' with enforcement of copyrights (which is all the GPL is)? Never!

A copyright is just like a patent, you can let it lapse as long as you want and enforce it the last year if you so please, and against whoever you want. That's what lets you keep profiles of 'defensive patents', that's what let Unisys try to collect on it's GIF patent 2 years before it was going to expire. That's what let some company claim copyright on the movie "it's a wonderful life" after everyone thought it was in the public domain for decades.

Excuse me. (1)

Sj0 (472011) | more than 10 years ago | (#7324699)

Excuse me, SCO, but it seems that now, instead of a couple hundred lines of unsubstantiated code, we now have YOU in massive, willful, and continual violation of the FSFs copyright(The gpl assigns a copyright to the fsf, if I'm not mistaken, probably to assist in attacking offenders). Because of this, you LOSE the court case with IBM by default, you FORFEIT any claim to the Linux Operating System, or the many GPL licensed software packages the platform is built upon, as well as any revenue you have earned through the unlawful sale of Linux, and SCO Group will now be branded as hypocrites forevermore, so the company will be destroyed, and you, Mr. Mcbride, will be held responsible for it's extremely humiliating public defeat.

Have a nice day.

what? (0)

Anonymous Coward | more than 10 years ago | (#7324708)

No 10th affirmative Defense of Heresy, or Blasephemy? I should probably be quiet they may append this to thier suit.

Truly amazing, no? (1)

Chordonblue (585047) | more than 10 years ago | (#7324714)

How is it that the press (once again) fails to run with the fact that SCO signed onto and continues to use GPL software IN THEIR OWN PRODUCT! SAMBA, GCC, and more are contained within UnixWare and yet this seemingly important and obvious fact doesn't seem to escape the tech circles.

"SCO? Strong buy, strong, strong BUY!"

"Comments are pouring in ... " (0)

Anonymous Coward | more than 10 years ago | (#7324725)

"...not all of them complimentary to SCO or its legal strategy."

Ya think?
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