On Wednesday 15 January 2003 12:52, Robert Eanes wrote:
> I like it ... I don't like it. Yes, MS has put it's
> neck on the block, sort of, by opeing source code.
> And, they probably will pursue any and all legal means
> to ( and illegal means ) discourge anyone from
> "copying" that source or developing direvative works.
> But, at least in this country, a MS would have to get
> my the "burden of proof" issue. ie. if I looks at 100
> pieces of source code and develop a piece of software
> based on industry norms it would be extremely
> difficult to say that I copied MS source code. Then
> again Gates has what, at least 45 billion to hire
> lawyers ... oops.
This also assumes that a jury of your peers will *understand* how code can be
the same yet totally different. I think you will probably find that "burden
of proof" about such software issues will confuse folks who haven't a clue as
do how a computer works. All it takes is a good lawyer.
OpenSource folks are well advised to consider non-disclosure agreements as
well as licensing of any commercial software they use on a daily basis. The
legality of clicking "I agree" to a software EULA has yet to be really
challenged in court yet AFAIK.
I do think there is some value in having someone police the Microsoft
shared-source for possible GPL violations. Anyone who does so is setting
themselves up for quite a liability should the courts get involved.
The other danger is from those who would patent any innovative ideas from the
OpenSource community. How can a public commons protect itself legally from
those who claim IP rights for the "ideas" contained therein? This is why the
EFF and GNU ideals attempt to offer to fight for these ideals. I'm not very
keen on signing over my rights to the GNU foundation - who is to say their
cause will *always* be righteous? (however fanatical RMS may be) Depending on
private institutions to protect the electronic commons and freedoms our
global community thrives on just doesn't seem wise.
Society needs to grasp the idea of electronic civil rights globally if the
freedoms we cling to so dearly are to endure.
-- - Ian C. Blenke <icblenke@nks.net>(This message bound by the following: http://www.nks.net/email_disclaimer.html)
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