SCO Backs Off Claim That GPL Is Unconstitutional

by , 10:00 AM EDT, April 30th, 2004

Those following the legal goings on of Utah-based SCO might say they saw this one coming: eWeek and other news sources around the Web are reporting that SCO has backed off of its assertion that the General Public License (GPL) is unconstitutional and violates antitrust and export-control laws. The GPL is used by supporters of Linux and other Open Source software to regulate and enforce the idea that Open Source software remain open for others to use. eWeek is reporting that SCO has specifically dropped the portion of its suit against IBM in which it claimed that the GPL is unconstitutional:

In The SCO Group Inc.'s latest US District Court filing as it battles IBM over Linux, the company is no longer using the affirmative defense that the GNU General Public License (GPL) is unconstitutional.

In the filing, called SCO's Answer to IBM's Second Amended Counterclaims, here in PDF form, it appears that Lindon, Utah-based SCO is no longer stating in court that one reason why it should win is that "the GPL violates the US Constitution, together with copyright, antitrust and export-control laws, and IBM's claims based thereon, or related thereto, are barred."

SCO's earlier contention that the GPL, the open-source license used in Linux, is unconstitutional sparked controversy and brought cries of outrage from Linux and open-source supporters.

Stop By eWeek News for the full story.

The Mac Observer Spin:

Can you imagine the leaders of SCO sitting before a Senate hearing being asked to make a statement about the General Public License? It might sound like this:

Darl McBride: "GPL IS BAD FOR BUSINESS AND IS UNCONSTITUTIONAL!"

(Someone leans over and whispers into SCO CEO Darl McBride's ear.)

Darl McBride: "What?"

(more whispering)

Darl McBride: "Um, let me rephrase that; GPL IS BAD FOR BUSINESS!"

(still more whispering)

Darl McBride: "You're kidding?"

(yet more whispering)

Darl McBride, looking somewhat distressed: "Er, GPL is, um, well, we don't like the GPL very much."

It didn't take a legal eagle to see this one coming.

SCO Backs Off GPL Claims