RE: [BK] upgrade will be needed

Martin Fouts
2005-02-14T21:08:51Z

In the United States, Ford isn't legally allowed to do that. What you
are asking for in your license, it seems to me, is what is already
provided for in the DMCA: you wish that users not reverse engineer your
product. You do not need a license clause for this, as the DMCA already
covers it; and if you did, the clause would read 'thou shalt not reverse
engineer this product or allow your copy to be used to reverse engineer
this product' rather than 'thou shalt not compete with this product.'

A clause requiring that a user not compete is probably going to look
like an attempt at restraint of trade to a judge, and even for
employees, the limits you can put on their re-employability are
restricted by anti-monopoly law.

-----Original Message-----
From: linux-kernel-owner@vger.kernel.org
[mailto:linux-kernel-owner@vger.kernel.org] On Behalf Of Larry McVoy
Sent: Monday, February 14, 2005 8:00 AM
To: Steven Rostedt
Cc: Mws; LKML
Subject: Re: [BK] upgrade will be needed

On Mon, Feb 14, 2005 at 10:03:45AM -0500, Steven Rostedt wrote:
> Can you see Ford Motors telling
> someone that you can't go work for GM if you drive a Ford?

You paid for the Ford. Suppose Ford offered to give you the car but
said if you take it then you can't go work at GM because this car is
ahead of their technology.

See the difference? It's one thing if you plunked your money down and
took the standard license or a negotiated license. You are getting an
expensive product and not paying any money for it. The payment is the
terms you agree to in the license and the obligations of those terms.
That payment may be unacceptable to you, which is your choice.
--
---
Larry McVoy lm at bitmover.com
http://www.bitkeeper.com
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