Re: Novell Attacks Linux

["Paul G. Allen" <pgallen@randomlogic.com>]

"Henning P. Schmiedehausen" wrote:
> 
> "Jeff V. Merkey" <jmerkey@vger.timpanogas.org> writes:
> 
> >People have downloaded NWFS from LKML.  If Novell is making claims
> >it's stolen, in the US I have an obligation to inform these people.
> >You live in Germany, so I don't expect you to understand our laws.
> >Under our law, Novell can go after any of these people, so they
> >need to be warned.
> 
> According to my law understanding, people downloaded source code from
> a public ftp server on the Internet according to a distribution and
> licensing agreement ("GPL") that was issued by the "vendor" (distributor)
> called TRG.
> 
> If you released code that was "stolen" to the public under a license
> that you could not (or were not allowed to) issue, they will go after
> you. Not after your customers.
> 
> In Germany, there is something called "nach bestem Wissen und
> Gewissen" (roughly translated "in best intention"). This would apply
> here (under german law of course).
> 

We have the same sort of thing here. Technically, anyone who D/L the software believing that it was perfectly legal to do so and having no intent to harm Novell
or steal their proprietary information, could not be prosecuted. They could be ordered to stop using it and get rid of (destroy) all copies, and thereafter if
they were caught with it they could be prosecuted. But, in actuality - and this stands for any country with any laws - Novell can do what ever they want to
those who have the software unless the courts decide not to let them.

> 
> But I know, you're in the country where people marry with 14, may
> drive cars with 16, carry guns with 19 but have to wait for being 21
> to drink alcohol.
> 

As an American, I have to say "Stupid isn't it!"

I think people shouldn't marry until 40! (J/K, I have two young daughters ;)

PGA

-- 
Paul G. Allen
UNIX Admin II/Programmer
Akamai Technologies, Inc.
www.akamai.com
Work: (858)909-3630
Cell: (858)395-5043