Re: BK kernel workflow

[Adrian Bunk <bunk@stusta.de>]

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