Date: 13 Dec 2001 11:57:44 -0800 From: swear@blarg.net (Gary W. Swearingen) To: Terry Lambert <tlambert2@mindspring.com> Cc: chat@FreeBSD.ORG Subject: Re: IBM suing (was: RMS Suing was [SUGGESTION] - JFS for FreeBSD) Message-ID: <quhequdhaf.equ@localhost.localdomain> In-Reply-To: <3C187D1F.24D8E4D2@mindspring.com> References: <20011213093555.76629.qmail@web21107.mail.yahoo.com> <3C187D1F.24D8E4D2@mindspring.com>
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Terry Lambert <tlambert2@mindspring.com> writes: > someone create FS images for you to test with, all without > looking at a line of code that would render you "contaminated". I wonder about that after having seen it said several times. I'm quite sure (without explict evidence) that if this was taken to court that an accused infringer would be determined to be contaminated by any open source code, upon the presumption that he had looked at the code, there being no practical means to discover the truth and the ease of hiding it. It might sound like a violation of the "presumption of innocence" theory, but I think it goes on in civil law all the time, which aims more at maximizing justice, rather than minimizing injustice. Can anyone reference any actual law on "contamination" by code which is just available to the infringer, rather than being known to be in his hands? To Unsubscribe: send mail to majordomo@FreeBSD.org with "unsubscribe freebsd-chat" in the body of the message
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