From owner-freebsd-chat Thu Dec 13 11:58:49 2001 Delivered-To: freebsd-chat@freebsd.org Received: from lists.blarg.net (lists.blarg.net [206.124.128.17]) by hub.freebsd.org (Postfix) with ESMTP id 6F0F237B417 for ; Thu, 13 Dec 2001 11:58:44 -0800 (PST) Received: from thig.blarg.net (thig.blarg.net [206.124.128.18]) by lists.blarg.net (Postfix) with ESMTP id E753BC273; Thu, 13 Dec 2001 11:58:43 -0800 (PST) Received: from localhost.localdomain ([206.124.139.115]) by thig.blarg.net (8.9.3/8.9.3) with ESMTP id LAA27581; Thu, 13 Dec 2001 11:58:43 -0800 Received: (from jojo@localhost) by localhost.localdomain (8.11.6/8.11.3) id fBDJvjm33769; Thu, 13 Dec 2001 11:57:45 -0800 (PST) (envelope-from swear@blarg.net) To: Terry Lambert Cc: chat@FreeBSD.ORG Subject: Re: IBM suing (was: RMS Suing was [SUGGESTION] - JFS for FreeBSD) References: <20011213093555.76629.qmail@web21107.mail.yahoo.com> <3C187D1F.24D8E4D2@mindspring.com> From: swear@blarg.net (Gary W. Swearingen) Date: 13 Dec 2001 11:57:44 -0800 In-Reply-To: <3C187D1F.24D8E4D2@mindspring.com> Message-ID: Lines: 21 User-Agent: Gnus/5.0808 (Gnus v5.8.8) XEmacs/21.1 (Cuyahoga Valley) MIME-Version: 1.0 Content-Type: text/plain; charset=us-ascii Sender: owner-freebsd-chat@FreeBSD.ORG Precedence: bulk List-ID: List-Archive: (Web Archive) List-Help: (List Instructions) List-Subscribe: List-Unsubscribe: X-Loop: FreeBSD.org Terry Lambert 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