"But even if SCO can prove that its intellectual property was
added to the Linux kernel, its case is moot, according to Columbia
Law School Professor Evan Moglen, pro bono publico general counsel
for the Free Software Foundation. The Free Software Foundation
maintains the GNU General Public License, under which Linux is
"'There is absolute difficulty with this line of argument which
ought to make everybody in the world aware that the letters that
SCO has put out can be safely put in the wastebasket,' Moglen told
internetnews.com, noting that SCO distributed its own version of
Linux with a kernel that allegedly contains Unix-derived code.
"'From the moment that SCO distributed that code under the GNU
General Public License, they would have given everybody in the
world the right to copy, modify and distribute that code freely,'
he said. 'From the moment SCO distributed the Linux kernel under
GPL, they licensed the use. Always. That's what our license
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