Messages in this thread | | | Date | Fri, 29 Oct 2004 23:11:49 +0200 | From | Adrian Bunk <> | Subject | Re: BK kernel workflow |
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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
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