Re: Dell vs. GPL

[jw schultz <jw@pegasys.ws>]

On Tue, Jul 01, 2003 at 06:53:45AM +0100, Anders Karlsson wrote:
> On Mon, 2003-06-30 at 21:48, Andre Hedrick wrote:
> > The best solution is to forget what you see and know, is how the game is
> > played.  When things are sent to me outside of the scope of NDA's and they
> > effect my contributions is where I can free move.
> > 
> > Anything under NDA stays there regardless.
> 
> Andre,
> 
> I can see where you are coming from on this, but nevertheless, the NDA
> is not enforcable if illegal activities are taking place. Ask your legal
> council and they should be able to confirm this. If what you are fearing
> is economical retaliation from the companies that made you sign an NDA
> to ensure your silence, the legal system of US should protect you from
> that.
> 
> All I can say, if US law require you to cover up illegal/criminal
> activity because you signed an NDA, get the f*ck out of US jurisdiction
> as fast as you can.

What Andre has neglected to state outright is that violating
a licence AGREEMENT is not a crime.  It does not fall under
the jurisdiction of criminal law.  It is a matter of
contract law.  If you contend copyright violation, then you
may have a claim although that is largely handled as a tort
under civil, not criminal, jurisprudence.


-- 
________________________________________________________________
	J.W. Schultz            Pegasystems Technologies
	email address:		jw@pegasys.ws

		Remember Cernan and Schmitt