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2004 Aug 27
2
Samba, the GPL and SCO
...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.)
SCO also claims all rights to enforce the GPL (and thus also the LGPL)
are waived and all are estopped from enforcing the GPL. (Ex. 2 at 20
(Seventh Affirmative Defense); Ex. 23 at 213:14-215:7.)
As a result, SCO cannot here rely on the GPL or the LGPL (which is
identical to the GPL insofar as relevant here) as a grant of license or
permission to copy and distribute the IBM Copyrighted Works.