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The issue isn't as clear-cut as either SCO or its opponents would have it, said John Ferrell, an intellectual-property attorney with Carr and Ferrell. 'If anybody tells you they have the definitive answer, they're crazy,' he said. But he'd give the edge to SCO in the situation, not because of its interpretation of the GPL, but because of a legal principle stemming from the 1887 sale of a pregnant cow in Michigan. That case established the so-called doctrine of mutual mistake, under which a contract can be nullified if two parties--in this case SCO and a company using Linux--misapprehended the true nature of what was in the contract.
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As evidence that putting software under the GPL must be a deliberate act, Sontag points to section zero of the GPL, which states, "this license applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License."