Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S263573AbUJ2VRW (ORCPT ); Fri, 29 Oct 2004 17:17:22 -0400 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S263576AbUJ2VN1 (ORCPT ); Fri, 29 Oct 2004 17:13:27 -0400 Received: from mailout.stusta.mhn.de ([141.84.69.5]:37896 "HELO mailout.stusta.mhn.de") by vger.kernel.org with SMTP id S263592AbUJ2VMZ (ORCPT ); Fri, 29 Oct 2004 17:12:25 -0400 Date: Fri, 29 Oct 2004 23:11:49 +0200 From: Adrian Bunk To: Larry McVoy , Ram?n Rey Vicente , Scott Lockwood , Xavier Bestel , James Bruce , Linus Torvalds , Roman Zippel , Andrea Arcangeli , Linux Kernel Subject: Re: BK kernel workflow Message-ID: <20041029211149.GT6677@stusta.de> References: <4180B9E9.3070801@andrew.cmu.edu> <20041028135348.GA18099@work.bitmover.com> <1098972379.3109.24.camel@gonzales> <20041028151004.GA3934@work.bitmover.com> <41827B89.4070809@hispalinux.es> <20041029173642.GA5318@work.bitmover.com> <41828707.3050803@hispalinux.es> <57875.65.208.227.246.1099074830.squirrel@www.lrsehosting.com> <4182923D.5040500@hispalinux.es> <20041029193924.GA10216@work.bitmover.com> Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Disposition: inline In-Reply-To: <20041029193924.GA10216@work.bitmover.com> User-Agent: Mutt/1.5.6+20040907i Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org On Fri, Oct 29, 2004 at 12:39:24PM -0700, Larry McVoy wrote: > On Fri, Oct 29, 2004 at 08:55:57PM +0200, Ram?n Rey Vicente wrote: > > Scott Lockwood wrote: > > | In what way is that improper? Just because you think so, or do you have > > | something you can cite in the spanish legal system that forbids this sort > > | of exchange of rights for a licsense? > > > > Improper in the way of misusing the legal system. > > 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. >... Case law as you know it is not present in continental Europe, it's only present in some countries overseas. In continental Europe, we have laws that cover every detail [1]. Therefore, in continental Europe, we don't cite some court cases ruled two centuries ago - we cite the paragraphs of the corresponding laws. If the copyright law (like the German copyright law) says something, the only way to change it is a change of the law [2]. Larry, if you don't believe me, please ask any lawyer who roughly knows both your and our law systems about this. > Larry McVoy lm at bitmover.com http://www.bitkeeper.com cu Adrian [1] e.g. in Germany our "Buergerliches Gesetzbuch" (our main book of civil law) contains four paragraphs covering swarms of bees - what happens if two swarms of different owners unite, you are allowed to enter foreign estates to capture your swarm of bees etc. - it's all explicitely covered by the law [2] the exception is that our highest court may say a law or a paragraph of a law is void because it violates our constitution -- "Is there not promise of rain?" Ling Tan asked suddenly out of the darkness. There had been need of rain for many days. "Only a promise," Lao Er said. Pearl S. Buck - Dragon Seed - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to majordomo@vger.kernel.org More majordomo info at http://vger.kernel.org/majordomo-info.html Please read the FAQ at http://www.tux.org/lkml/