[linux-elitists] SCO claims the GPL is invalid...?

Karsten M. Self kmself@ix.netcom.com
Fri Aug 15 03:17:49 PDT 2003


on Thu, Aug 14, 2003 at 07:44:43AM -0600, Jonathan Corbet (corbet-elite@lwn.net) wrote:
> It's in the Inquirer, so it must be true:
> 
> 	http://www.theinquirer.net/?article=11031
> 
> 	SCO WILL attempt to win its $3 billion case against IBM by arguing
> 	that the General Public Licence (GPL) is invalid.
> 
> 	That's what a pleader at legal practice Boies Schiller and Flexner is
> 	telling the Wall Street Journal today.
> 
> 	The GPL licence allows software and work derived from it to be
> 	copied by anyone at no charge.
> 
> 	But according to today's WSJ, quoting lawyer Mark Heise, the GPL is
> 	pre-empted by US federal copyright law.
> 
> 	How does that work then? According to Heise, federal law only lets
> 	people make a single backup copy of software, and that makes the
> 	GPL void under US law.
> 
> (What is it about web writing that decrees that paragraphs shall be one
> sentence long?)

Don't complain.  They could be Germans.

I think it's an AP / newspaper style thing.  Note how long paragraphs
are in a standard bit of newspaper copy sometime.


WRT the issue of GPL validity in light of 17 USC 117:

    http://z.iwethey.org/forums/render/content/show?contentid=113860

Though I don't particularly care to comment on German language reporting
of legal arguments I've not seen.

Peace.

-- 
Karsten M. Self <kmself@ix.netcom.com>        http://kmself.home.netcom.com/
 What Part of "Gestalt" don't you understand?
    Scandinavian Designs:  Cool furniture, affordable prices, great service,
    satisfied customer.                  http://www.scandinaviandesigns.com/
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