Re: BK kernel workflow

From: Kevin P. Fleming
Date: Thu Oct 28 2004 - 14:42:35 EST


David Schwartz wrote:

As I understand the law, at least in the United States, you have the exact
same rights whether you buy the product or get it for free, so long as you
acquire it legally.

But there's the rub: acquiring it legally (for free) requires acceptance of the license terms. If you do not accept the terms, or accept them but later take actions which violate the terms you accepted, you can no longer say that you "acquired it legally". You have violated the terms of the agreement between the two parties, and the party that owns the copyright to the product in question has every right to take action against you, if warranted.

You are correct in saying that the mere act of money changing hands does _not_ give you any rights that you wouldn't have gotten for free, presuming that the license being offered in both cases gives you the same rights. In the case of BitKeeper, it does not. The free and for-pay licenses give the licensee different rights.
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