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Re: Binary Driver Issues

daemon@ATHENA.MIT.EDU (Mogens Melander)
Wed Jun 19 04:39:03 1996

Date: 	Wed, 19 Jun 1996 03:29:15 +0200
From: Mogens Melander <mogens@frontier.dk>
To: Pedro Roque Marques <roque@di.fc.ul.pt>
CC: Dennis <dennis@etinc.com>, linux-net@vger.rutgers.edu

Pedro Roque Marques wrote:
>=20
> >>>>> "Dennis" =3D=3D Dennis  <dennis@etinc.com> writes:
>=20
>     Dennis> The difference is you have to prove DAMAGES to sue at
>     Dennis> all. Since there is no financial stake with LINUX, you ca=
n
>     Dennis> never prove anything. If there is no loss by violating a
>     Dennis> license, then there can be no enforcement even if it is
>     Dennis> clearly violated. In the above case, microsoft tried to
>     Dennis> prove copyright violation, because Stacker made millions
>     Dennis> on the resulting product, which microsoft believed that
>     Dennis> their code was a part of. However, if stacker was free, o=
r
>     Dennis> MS-DOS was free, they could not have sued at all.
>=20
> That might be the case with US legal system which is IMHO very
> money-oriented but i believe that most european legal systems conside=
r
> the right of authorship by itself meaning that you can sue anybody
> that uses your work without permission.=20

This would be the case in denmark.

You dont have to express any kind of copyright, to a software product.=20
It is onough, that you are the author. Nobody can use your code, withou=
t
your expressed concent.

>=20
>     Dennis> No one is forcing you to use
>     Dennis> it. There is no legal or ethical issue here, except for
>                                      ^^^^^^^
> I don't agree with that statement. Ethics are by definition a
> convention of behaviour rules accepted by a community. A binary modul=
e
> can break the standard ethics of the Linux community (again i'm NOT
> stating this is the case with your product).

If sombody can say, it is ok to violate copyright/license, because=20
it is dificult to enforce, dont understand terms like ethics.

--=20
Later
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