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Tuxedo.org: SCO Explains a Bit About the GPL Violation

Aug 19, 2003, 21:00 (33 Talkback[s])

[ Thanks to codez for this link. ]

"One thing is clear by todays article, SCO intends to argue the IP of Linux is invalid while SCO's IP is valid. SCO is portraying itself as some great savior of IP in the Internet age, but you intend to and are violating the IP of the Linux kernel (GPL). Do you have any explanation of this contradiction?

"Blake Stowell responds:
"Article I of the Constitution vests in Congress the right to regulate copyrights. When Congress enacted the current Copyright Act, it defined certain exclusive rights that copyright holders can rely upon to protect their copyrights. These include the rights to copy, authorize derivative works, modify, and distribute the copyrighted material. Further, under the Copyright Act an interest in copyrighted material cannot be transferred unless expressly authorized in writing by the party transferring that interest.

"The GPL tries to define the rights of copyright holders with respect to copying, distribution, and modification of copyrighted source code. These are the very activities covered by the Copyright Act. Because the GPL attempts to regulate the same rights of copyright holders that are already regulated by the Copyright Act, the GPL is 'pre-empted' by the Copyright Act. That is to say, the rights and remedies provided by the GPL should be deemed meaningless by a court to the extent the GPL addresses the same substantive rights regulated by the Copyright Act.

"I understand that you are upset that we have issues with the GPL, but we will be working these things out in court in the near future..."

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