Lessig Blog: More SCO FUD, This Time Insulting the Constitution

“I apologize for the silence, but we’ve been in Japan this week
announcing iCommons in Japan. (More on that soon). But after
reading this extraordinary document by Darl McBride of SCO infamy,
I could resist canceling this morning meetings to respond.

“From the start of this pathetic lawsuit, Eben Moglen of the
Free Software Foundation has argued that there was nothing behind
the SCO claims. His arguments are persuasive. But if you want a
clue of just how clueless this case is, consider the constitutional
arguments made by SCO.

“McBride’s argument is grounded in the Constitution. (Well,
close to the constitution. He quotes the text of the constitution
to be:

“Congress shall have Power [t]o promote the Progress of Science
and useful Arts, open-source advocates argue against copyright and
patent laws, and whatever measures they take to by securing for
limited Times to Authors and Inventors the exclusive Right to their
respective Writings and Discoveries.

“Actually, the framers didn’t say anything about ‘open source
advocates’)…”

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