Re: BK kernel workflow

[Stephen Frost]

* Larry McVoy (lm@xxxxxxxxxxxx) wrote:
> This is not getting us anywhere.  You're not citing case law, you're
> citing vague statements that don't apply here.  And even if they do
> apply, the law is a moving target, new case law changes the rules all
> the time.  Who's to say that we don't have a lawsuit in Spain and 
> and get new case law put in place that says you don't have such and
> such a right unless you pay for the product?  Who's to say someone 
> else doesn't do that?  It's a moving target.  

Just to put it out there- there are places in the world where the legal
system isn't based on case law.  Don't know if Spain is that way or not.

> On the other hand, if you have a program that does not lock up the data,
> does not impede your ability to get your work done, is it reasonable for
> you to go digging around in that product for the purposes of creating
> a clone?  Maybe, if the license doesn't prohibit that.  Is it reasonable
> for a license to prohibit that?  I think so and so does BitMover's
> legal counsel and so does outside counsel who are experts in contract
> and copyright law.  Are we right?  Dunno.  Maybe we go to court and
> find out.  Maybe we go to court and make new case law.

An interesting parallel are 'no-compete' clauses which employers use to
try and keep employees from being able to move from one company to a
competeing one.  These clauses are actually not enforcable in some
jurisdictions because the lawmakers there felt it was unreasonable.
This, really, is the light under which I'd think the BK license would be
seen.  Of course, IANAL, nor do I actually use (or have ever used) BK 
anyway.

> The side that will win will be the side which is both reasonable and
> has enough money to present that case.  We think that's us.

That's an unfortunate reality (the money bit).

[...]
> is I wouldn't do that if I were you.  It doesn't look reasonable to me
> and I'll bet you long odds that it won't look reasonable to a jury.

It's unlikely that a jury would be involved in such a case since it's
unlikely the facts themselves would be in dispute.

	Stephen
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