Re: Dell vs. GPL

From: jw schultz (
Date: Tue Jul 01 2003 - 01:56:52 EST

On Tue, Jul 01, 2003 at 06:53:45AM +0100, Anders Karlsson wrote:
> On Mon, 2003-06-30 at 21:48, Andre Hedrick wrote:
> > The best solution is to forget what you see and know, is how the game is
> > played. When things are sent to me outside of the scope of NDA's and they
> > effect my contributions is where I can free move.
> >
> > Anything under NDA stays there regardless.
> Andre,
> I can see where you are coming from on this, but nevertheless, the NDA
> is not enforcable if illegal activities are taking place. Ask your legal
> council and they should be able to confirm this. If what you are fearing
> is economical retaliation from the companies that made you sign an NDA
> to ensure your silence, the legal system of US should protect you from
> that.
> All I can say, if US law require you to cover up illegal/criminal
> activity because you signed an NDA, get the f*ck out of US jurisdiction
> as fast as you can.

What Andre has neglected to state outright is that violating
a licence AGREEMENT is not a crime. It does not fall under
the jurisdiction of criminal law. It is a matter of
contract law. If you contend copyright violation, then you
may have a claim although that is largely handled as a tort
under civil, not criminal, jurisprudence.

	J.W. Schultz            Pegasystems Technologies
	email address:

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