Message-ID: <41814ACF.5000705@backtobasicsmgmt.com>
Date: Thu, 28 Oct 2004 12:38:55 -0700
From: "Kevin P. Fleming" <kpfleming@backtobasicsmgmt.com>
Organization: Back To Basics Network Management
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To: davids@webmaster.com
CC: Xavier Bestel <xavier.bestel@free.fr>,
       Linux Kernel <linux-kernel@vger.kernel.org>
Subject: Re: BK kernel workflow
References: <MDEHLPKNGKAHNMBLJOLKKEPBPFAA.davids@webmaster.com>
In-Reply-To: <MDEHLPKNGKAHNMBLJOLKKEPBPFAA.davids@webmaster.com>
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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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