'But others questioned the argument's merits and legal analysts insisted that the likelihood of SCO making such a case before a judge is slim. "It appears to be a totally bizarre argument," said James Boyle, a professor at Duke University's law school (Durham, N.C.). "It's hard to imagine what they're thinking." '

'Success for SCO could damage the open-source movement, which depends on the GPL. It could also raise serious legal questions for OEMs with Linux-based products. "If SCO is correct, it means that their alleged infringers could not rely on the GPL as a defense," said Brian Ferguson, an intellectual-property (IP) attorney with McDermott, Will & Emery in Washington...

'Still, legal experts last week said SCO's new legal tack may not stand up. "It's true that pre-emption is a valid defense," Ferguson said. "Whether or not that will carry any weight in court is somewhat suspect." '