Distributing a GPLd work incorporating the copyrighted works of others, while denying others the right to distribute the same work under claims of copyright infringement, spells "proprietizing a GPLd work" to me.

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It's also interesting to see how SCO's complaint has "evolved". Initial speculation was that it concerned patents. Don Marti destroyed that myth by showing SCO held no patents. [link|http://lwn.net/Articles/25149/|My own essay] and ESR's work largely destroy the trade secrets claims for the most part (ESR's history on AT&T Unix and the BSD wars is an interesting add). Now the claim is copyright...and in what seems like a classic chess endgame pincer move, it appears SCO's skewered on this as well.