SCO re-affirms that Linux is unconstitutional

Last week SCO said that it was not going to continue the argument in its court case with IBM and pulled the statement out of its court documents.

However in an interview with EWeek, Blake Stowell, the SCO spin master insisted the company had not backed off its legal claims that the GNU General Public License (GPL) was unconstitutional.

Of course the explicit claim had been removed from SCO's legal filings, but Stowell rushed to point out that it was there in the small print of the "active defence" against IBM. Only no-one sees it any more.

He says the company writ still says that SCO thinks that "the GPL is unenforceable, void and/or voidable, and IBM's claims based thereon, or related thereto, are barred."

It also says that "the GPL is selectively enforced by the Free Software Foundation such that enforcement of the GPL by IBM or others is waived, stopped or otherwise barred as a matter of equity."

And finally, that "IBM's claims are barred or pre-empted, in whole or in part, by the laws of the United States."

He said if you add all these sentences up, you still get the subliminal message that SCO still claiming that the GPL is unconstitutional.

Unfortunately other briefs don't quite see this and see this as spin to cover-up a legal back down.

To see the dance of the spin master click here. µ