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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.

8 of 1,186 comments (clear)

  1. Re:Can you say, "Pump and Dump"? by EverDense · · Score: 0, Offtopic

    > It's a dark time for the little guy. :(

    Care to explain when it hasn't been?


    Napoleon was a short-arse.
    He seemed to do OK for himself.

    --
    http://jesus.everdense.com/
  2. Re:Obligatory - Tom's rules of aquisition by MerlynEmrys67 · · Score: 0, Offtopic

    #1 Aquire Hardware #2 Aquire Media #3 Install Linux #4 ??? #5 Profit >>> From a sign outside my door

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    I have mod points and I am not afraid to use them
  3. Re:Can you say, "Pump and Dump"? by bigberk · · Score: 0, Offtopic
    Moron. The UK has never had a slave culture like the US
    What are you, retarded? The "Americans" that built their country from slavery were British.
  4. Bad ju ju by Badanov · · Score: 0, Offtopic

    It is incredible to me the amount of Marxist invective posted to this forum which get rated insightful.

    --
    Dawn of the Dead
  5. Re:Here's what you were saying... by pyros · · Score: 0, Offtopic

    The problem is those weren't really communist societies, they just incorrectly labeled themselves as such. Kind of like Castro says Cuba is in a permanent state of revolution, and enemies of the state are counter-revolutionaries.

  6. Re:Here's what you were saying... by ItaloSuave · · Score: 0, Offtopic

    Oh God, we have not really tried "Communism" yet? How many intellectual, professorial fraudsters like Karl Marx and their spawn must we deal with? I am a Liberal, which is to say, I do not confuse the words "Community" and "Communism". Why is nobody mentioning the serial, governmental brutality of "Uncle Joe" Stalin here, or his Chinese cousin, "Chairman Mao" Tse Tung? Millions of lives were lost under each of these "comrades". Do you give any credence to the idea that these two governmental ideologues set back their countries, people and the world at large immeasurably in their few decades on this earth? I would think the Environmentalists, among others, would be livid at the thought of these two, shipwrecked, communist totalitarian regimes, and the industrial, political military and environmental slag they left behind for others to clean up. Although Uncle Joe was a tremendous party and bureaucratic organizer before he became a murderous head-of-state. He dragged Russia into the modern era, which might have happened anyway, and a lot faster, if men like Tesla and others had more freedoms. Mao was an astonishingly quick study, a very intelligent man, but also quite willing to engage the "cult of personality" during the Chinese Cultural Revolution and throughout his career. While both men are worthy subjects for historical and biographic studies, I think it would be to learn from the past, so as to avoid repeating it.

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  7. Re:Here's what you were saying... by rvega · · Score: 0, Offtopic

    The part of Germany where there are (or have ever been) US Army bases is the western part, formerly known as the Federal Republic of Germany, which has never been Communist -- even in name. So, it must not have been a problem with the political system, but a problem with lagging standards. Until recently, Europeans couldn't bring their mobile phones to the US and expect them to work anywhere. Are the Americans backwards barbarians? Is their capitalist system at fault?

    As for the "German telephone system", it had dual-channel 128k ISDN service rolled out widely for more than a decade while we in the US were languishing with 28.8k analog. A joke among telecom people in the US, when asked what ISDN was an acronym for, would reply: "I Still Don't Know."

    Finally, Deutsche Telekom's T-Mobile service has 9.9 million mobile subscribers in the US. Not too shabby.

    I think you may be confusing "regulation" with "communism". Ask anybody in the UK how they feel about their deregulated, market-driven rail system and then talk to some Germans about the Deutsche Bahn. I've spent time on both, and I'm here to tell you that competition does not always lead to better service.

    I think it should be clear to anyone who actually considers the reality of the situation that both Communism and Capitalism, as laboratory-sterile concepts, are both doomed to failure. We have seen neither pure communism or pure capitalism in practice. As a previous poster interestingly pointed out, unchecked capitalism might well lead to a situation where a few powerful corporations control every aspect of national life and are indistinguishable from government. In the long run, capitalism and communism may well turn out to be the same thing. There has to be a balance, then, something that is neither of the two.

    As for Microsoft's "supposed Monopoly", there are a lot of definitions for monopoly, too. Some of them fit well enough not to merit the "supposed" label, others don't.

    Words. Something cannot be something else ("Microsoft is a monopoly"), otherwise they wouldn't be two things. It would be better if we wrote in e-prime.

  8. Re:I took the time two months ago to contact the S by Cederic · · Score: 0, Offtopic


    >> PS - God loves you and longs for relationship with you.

    Yeah, but so does the girl on the street corner, and her rates are better.