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countercls
2004 Aug 27
2
Samba, the GPL and SCO
...from the case:
According to SCO, the GPL (and thus also the LGPL) "is unenforceable,
void and/or voidable" (Ex. 2 at 20 (Sixth Affirmative Defense));
"violates the U.S. Constitution, together with copyright, antitrust and
export control laws" (Ex. 25 (Amend. Ans. to Amend. Countercls.) at 16
(Eighth Affirmative Defense); Ex. 23 at 213:15-20); is unenforceable or
inapplicable in this litigation (Ex. 2 ?? 24, 28, 155, 157); and is
preempted by federal copyright law and unenforceable under state law.
(Ex. 22 (SCO's Resp. to IBM's Third Set of Interrogatories) at 38-39...