Messages in this thread | | | Date | Sat, 5 Oct 2002 18:53:10 -0400 | From | "Murray J. Root" <> | Subject | Re: New BK License Problem? |
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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 ------------------------------------------------ DISCLAIMER: http://www.goldmark.org/jeff/stupid-disclaimers/ ------------------------------------------------ Mandrake on irc.freenode.net: #mandrake & #mandrake-linux = help for newbies #mdk-cooker = Mandrake Cooker
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