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The legal battle over alleged unauthorized incorporation of Unix source code into Linux is leading to scrutiny of the GNU General Public License that covers the use and distribution of open-source software. In its $3 billion lawsuit against IBM, SCO has claimed commercial users of Linux are benefiting from SCO Unix V source code used by IBM in its AIX system and in Linux. SCO has made copyright claims that it says preempt the stipulations of the GPL, which IBM has invoked in its countersuit claims.
Let me see, SCO is suing IBM for putting IBM copyrighted code into Linux. SCO sells said code under the GPL and claims to be one of the open source guys. Now SCO wants to shake down the Linux marketplace for protection money (against lawsuits by them) and runs into the little problem that they can't because of the GPL. So now which of IBM's copyrights exactly does SCO think disqualifies the GPL? In any case it really doesn't matter. The GPL violation claim in IBM's counter suit is the least of SCO's problems. The remaining arguments put forth by IBM and RedHat don't rely on the GPL and, unlike SCO's claims, have solid basis in facts which the courts will support.