Re: Novell Attacks Linux

["Henning P. Schmiedehausen" <mailgate@hometree.net>]

"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).

Novell can (in best) demand that everyone who downloaded that code
"cease and desist" to use it. They can hold _you_ as the distributor
responsible for the damage to their business. And that's the reason
why you make politics here. You want to turn "Novell attacks TRG" into
"Novell attacks Linux" because you hope of a possible "fallout" on
Novell. That's what I call "make politics on LKM".

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. 

	Regards
		Henning

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