Re: New BK License Problem?

Murray J. Root
2002-10-05T22:47:28Z

On Sat, Oct 05, 2002 at 05:10:33PM +0400, Hans Reiser wrote:
> tom_gall@mac.com wrote:
>
> >Greetings all,
> >
> >I noticed Larry recently changed the license on bk. Once clause in
> >particular struck me and I thought I'd better point it out for your
> >reactions...
> >
> >Specifically from Section 3:
> >
> > (d) Notwithstanding any other terms in this License, this
> > License is not available to You if You and/or your
> > employer develop, produce, sell, and/or resell a
> > product which contains substantially similar capabil-
> > ities of the BitKeeper Software, or, in the reason-
> > able opinion of BitMover, competes with the BitKeeper
> > Software.
> >
> Seems like a pretty straightforward violation of the anti-trust laws,
> and a conspiracy to restrain trade. Hope Larry votes for Bush's
> reelection, cause Bush judges will keep Larry safe from the law on this
> for sure.
>
Yup - a blatant and outright violation.
Worse - it's also illegal to refuse to do business with someone
based on who their employer is, in most states.
Also - it's an attempt to restrict first-purchase rights. Most courts
have found such clauses to be unenforcable in standard contracts - I doubt
a shrink-wrap license is gonna fare any better.

--
Murray J. Root
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