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.

Comments

Re:EFF

[dbarclay10]

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.