If someone is interested in the drivel that Darl McBride is spouting, here's a link to an open letter from SCO. Absurd to the point of ridiculousness, the way he spins things together. In any case, the GPL in this case isn't about some derived higher rights, but about explicit licenses that the authors of software willfully define for their own works. I hardly believe that the US Constitution can be used to interpret an author's copyright in such a way that the author themselves can't decide on the license under which they release their work. That would be too absurd even by American standards, I think.
Quite apart from the fact that SCO itself explicitly used the GPL — they never said that the GPL was illegal and invalid. Because if it really were, under what right would SCO have been allowed to distribute Linux at all?
What's really shocking about this is that this edifice of lies is actually succeeding on the stock market and the SCO stock — which has absolutely no backing in any form in its core business or products — is being kept high. I'm hoping that the stock market will eventually realize what garbage this is and hopefully the stock value will plummet into the abyss before (or even better in the middle of) the proceedings. I'd like to see the faces of the lawyers who at the moment probably still have millions in their eyes, and then suddenly only see blanks.

At XMLMania.com - Google News Search: SCO I found the original article.