From mboxrd@z Thu Jan 1 00:00:00 1970 Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S265148AbTLMR17 (ORCPT ); Sat, 13 Dec 2003 12:27:59 -0500 Received: (majordomo@vger.kernel.org) by vger.kernel.org id S265169AbTLMR17 (ORCPT ); Sat, 13 Dec 2003 12:27:59 -0500 Received: from out004pub.verizon.net ([206.46.170.142]:51088 "EHLO out004.verizon.net") by vger.kernel.org with ESMTP id S265148AbTLMR16 (ORCPT ); Sat, 13 Dec 2003 12:27:58 -0500 From: Gene Heskett Reply-To: gene.heskett@verizon.net To: David Woodhouse , Brian Beattie Subject: Re: Linux GPL and binary module exception clause? Date: Sat, 13 Dec 2003 12:27:54 -0500 User-Agent: KMail/1.5.1 Cc: Andre Hedrick , Linus Torvalds , Larry McVoy , Erik Andersen , Zwane Mwaikambo , Paul Adams , linux-kernel@vger.kernel.org References: <1071260775.817.5.camel@kokopelli> <1071317003.14663.4.camel@imladris.demon.co.uk> In-Reply-To: <1071317003.14663.4.camel@imladris.demon.co.uk> Organization: None that appears to be detectable by casual observers MIME-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Content-Transfer-Encoding: 7bit Content-Disposition: inline Message-Id: <200312131227.54808.gene.heskett@verizon.net> X-Authentication-Info: Submitted using SMTP AUTH at out004.verizon.net from [151.205.60.44] at Sat, 13 Dec 2003 11:27:56 -0600 Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org On Saturday 13 December 2003 07:03, David Woodhouse wrote: >On Fri, 2003-12-12 at 15:26 -0500, Brian Beattie wrote: >> I'd be willing to bet, that since bathing in creosote is extremely >> unhealthy, the courts might well find that that restriction was >> nonsense. This being the case they might decide that taken as a >> whole the license was a fraud and grant the public the right to >> unrestricted use of the product in question. Especially if the >> defendants lawyer was particularly good. > >The misuse of copyright defence is _very_ limited, and it's not > about being reasonable or healthy. > >If I charged money for my licence _and_ made the creosote > requirement, perhaps the court would be able to find a legal > loophole which hasn't yet been mentioned. > >The court is much less likely to attempt this if the creosote is the >_only_ thing I'm asking for, and if that's the whole raison d'etre > of my licence, and the only reason I'm letting you use my work in > the first place. > >Otherwise where does it end? I tell you that you can use my software >'when Hell freezes over' and since that's also unreasonable you get > to use it without restriction? :) Chuckle... Hell quite often freezes over, or up as they say. Hell, Michigan that is. :-) -- Cheers, Gene AMD K6-III@500mhz 320M Athlon1600XP@1400mhz 512M 99.22% setiathome rank, not too shabby for a WV hillbilly Yahoo.com attornies please note, additions to this message by Gene Heskett are: Copyright 2003 by Maurice Eugene Heskett, all rights reserved.