Date: Thu, 6 Jan 2005 12:37:25 -0600
From: root <root@mail.gadugi.org>
To: Valdis.Kletnieks@vt.edu
Cc: linux-kernel@vger.kernel.org
Subject: Re: Cherokee Nation Posts Open Source Legisation - Invites comments from Community Members
Message-ID: <20050106183725.GA12028@mail.gadugi.org>
References: <20050106180414.GA11597@mail.gadugi.org> <200501061836.j06IakHo030551@turing-police.cc.vt.edu>
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On Thu, Jan 06, 2005 at 01:36:46PM -0500, Valdis.Kletnieks@vt.edu wrote:
> On Thu, 06 Jan 2005 12:04:14 CST, root said:
> 
> > This legislation Will be voted on in the Rules Committee Jan 17 and will be presented for 
> > ratification to the Full Tribal Council on February 14, 2005. This legislation is designed 
> > to protect trade secrets for both open source development and general public licensing 
> > schemes as well as proprietary technology developed in the commerical sector.
> 
> I fail to see how you can *possibly* have "trade secret" rights in open source
> software.  At least not in any way interoperable with any other country's usage
> of the term "trade secret".
> 
> It's one thing to be smoking a peace pipe. Totally another to be smoking a
> crack pipe.
> 
> 


It's based on the design of the license.  Under Cherokee Nation Law, you
can have and claim trade secrets in public code released under a public
license.  This makes it very easy for individual contributors to 
enforce their rights in the US.  We spent months researching this, and yes,
it holds up under our laws.  


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