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Groklaw: The GPL, Stage Front and Center--IBM Answers SCO's Attack

Nov 27, 2006, 16:45 (0 Talkback[s])
(Other stories by Pamela Jones)

"Believe it or not, SCO is asking the court to kill IBM's copyright infringement counterclaims, the ones based on the GPL violations, on the grounds that SCO pretends it never violated the GPL.

"Here is its position, as stated in the Memorandum in Support of its motion for summary judgment:

"I. SCO DID NOT BREACH THE GPL

"IBM's Sixth and Seventh Counterclaims fail as a matter of law because SCO did not breach the GPL. First, where SCO has copied and re-distributed Linux, it has done so in compliance with the requirements of the GPL. Second, nothing in the GPL--which by its very terms is limited to 'copying, distribution and modification' of Linux--precludes SCO from issuing licenses to its UNIX software..."

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