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SCO Calls GPL Unenforceable, Void
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.
It just wouldn't feel like the start of the week without some new mind-numbingly idiot drivel from the SCO.
7th Affirmative Defense: The GPL is selectively enforced.
8th Affirmative Defense: The GPL is Unconstitutional and invalid.
9th Affirmative Defense: ???
10th Affirmative Defense: Profit!
Whatever it is I'm complaining about, I'm sure the Republicans did it. This is
"Comments are pouring in ... not all of them complimentary to SCO or its legal strategy"
/. article will help at least
This
At least he proves that people can run around beeing flaming idiots, thus upholding the bill of rights.
"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.
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.
They forgot to mention that the GPL makes the Baby Jesus cry.
Why yes, I AM a rocket scientist!
American weapons inspectors working throughout the Iraqi country side are claiming that the GPL is seriously hindering their efforts to find Saddam's cache of WMD. When asked how exactly it is hindering the effort an inspector replied, "It's just un-American and that's bad mmmkay."
Futhermore, high ranking army officers are also said to be frustrated by the GPL. "It is quite simply conter-productive in our efforts to find Saddam and to bring law and order to Iraq", said an officer, speaking under anonymity.
And finally, graffiti was seen on Redmond, WA train claiming, "GPL = French". Underneath was written, "it's '==' you insensitive clod".
"She's a West Texas girl, just like me" - G.W Bush Iraqis
see the body of my original reply :D
"vis a vis the GPL"
Considering the GPL is credited to GNU/Stallman, wouldn't that line therefore be transformed into:
"emacss a emacss the GPL?"
Come on people, we all knew from the beginning that this open source thing wasn't going to fly.
-credits to the Simpsons on that one
They're called "trials".
Job Responsibilities:
* Administrative needs of CFO and other executives
Buys Crack.
* Quarterly budget reports
Balances crack budget.
* Travel Arrangements
What contries do not have extradition treaties with the US.
* Organizing meetings and phone conferences
Supervisor of SCO koolaid distribution.
* Supply inventory
Do not run out of crack.
* General office responsibilities
There is no code but SCO's, and Darl is our prophet.
* Records minutes of various meetings
Must be willing to break federal wiretap laws
* Partner Program database coordination
Who can we steal from today?
* Answer investor questions regarding Stock performance
Answers questions like: why are SCO execs selling all there stock?
* Packaging of financial corporate communications with the investment community
Bill, It's SCO, Send more money.
* Helps prepare written investor communications and plan investor/analyst small-group private and large-group meetings
Look at the monkey.
* Handles telephone inquiries from analysts and investors
Yes, We invented Linux.
* Oversees scheduling and coverage of front desk
Must qualify as expert with no less than 3 separate small arms, riot control experience preferred.
Sco's case is factually untrue it doesn't require a great deal of legal understanding to address SCO's claims. If you knew that SCO was suing IBM in a wrongful death suit for Britany Spears:
a) Britany ain't dead
b) IBM didn't kill her
c) SCO ain't intitled to collect even if a and b weren't the case
You don't need to be a lawyer. There is no "worst case" because SCO has no case.
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.
And how nice that SCO is being an obvious pack of assholes about the whole thing. This puts the defenders of the GPL in a much better situation than if they had been reasonable.
You'll recall how, when the Forces of Law'nOrder try to set a precedent confirming the enforcability of some new law (especially if it's constitutionality is questionable), they'll go after the worst scumbag they can find first. (Like going after child pornographers when trying out the latest restriction on the free press.) Once they get the precedent set, they can then use it to club anybody else who publishes something they don't like.
SCO, by taking on the entire world and insulting the intelligence of the judges who will be handling the case with a stack of obviously bogus claims, has voluntarily put itself in a position with respect to the GPL of the child pornographer picked by a prosecutor to try out a new censorship law. VERY convenient for the GPL side.
This reminds me of a saying from the heyday of usenet news political discussion/debate groups. Often there would be a regular poster on one side who would trot out every tired, repeatedly disproved, position of that side of the argument. He could never be convinced to change his position. But he'd make a DANDY foil for presenting the counter-arguments, for the edification of thousands of neo-lurkers who hadn't yet heard them. Then, a few weeks later, once a new crop of newbies had gathered and/or another news item made the subject front-page once more, he'd rehash them AGAIN. How convenient!
After a few iterations some of the posters would get bored or annoyed with him and start asking how he could be discouraged (or kicked off, if the group was moderated). Then the old hands would point out how CONVENIENT it was to have someone from the "other side" to periodically hoist the strawmen and give the rest of us an opportunity for a bonfire.
SO convenient, that it would often be said that "If [whomever] didn't exist we'd have to invent him.", i.e. we'd have to plant a shill in the crowd to do the same function (but less believably, because someone who actually believes the opposite position won't get the rhetoric quite right.)
Of course you'd never know if [whomever] actually WAS a shill - a particularly convincing one. (And that uncertainty also helped. It implied that if he WAS a shill, he'd only be raising arguments that were defective. So simply by raising one of "his side's" arguments he discredited it. B-)
SCO has been so PERFECT in this role that the old saw applies.
If the GPL can't handle a legal challenge, it's better to find that out sooner rather than later.
SCo has been so perfect for our side that it's almost enough to make you wonder if SCO *IS* a shill.
Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
Captialism: Man exploits his fellow man.
Communism: The other way around.
It's not offtopic, dumbass. It's orthogonal.