Re: BK kernel workflow

Adrian Bunk
2004-10-29T21:17:22Z

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