From owner-freebsd-chat@FreeBSD.ORG Fri Sep 5 07:39:08 2003 Return-Path: Delivered-To: freebsd-chat@freebsd.org Received: from mx1.FreeBSD.org (mx1.freebsd.org [216.136.204.125]) by hub.freebsd.org (Postfix) with ESMTP id 25D3916A4BF for ; Fri, 5 Sep 2003 07:39:08 -0700 (PDT) Received: from storm.FreeBSD.org.uk (storm.FreeBSD.org.uk [194.242.157.42]) by mx1.FreeBSD.org (Postfix) with ESMTP id 474FC4400B for ; Fri, 5 Sep 2003 07:39:06 -0700 (PDT) (envelope-from mark@grondar.org) Received: from storm.FreeBSD.org.uk (Ugrondar@localhost [127.0.0.1]) by storm.FreeBSD.org.uk (8.12.9/8.12.9) with ESMTP id h85Ed4P2046721; Fri, 5 Sep 2003 15:39:04 +0100 (BST) (envelope-from mark@grondar.org) Received: (from Ugrondar@localhost)h85Ed4ZO046720; Fri, 5 Sep 2003 15:39:04 +0100 (BST) X-Authentication-Warning: storm.FreeBSD.org.uk: Ugrondar set sender to mark@grondar.org using -f Received: from grondar.org (localhost [127.0.0.1])h85EZ9qi038471; Fri, 5 Sep 2003 15:35:09 +0100 (BST) (envelope-from mark@grondar.org) From: Mark Murray Message-Id: <200309051435.h85EZ9qi038471@grimreaper.grondar.org> To: Bill Moran In-Reply-To: Your message of "Fri, 05 Sep 2003 09:58:09 EDT." <3F589671.1010404@potentialtech.com> Date: Fri, 05 Sep 2003 15:35:09 +0100 Sender: mark@grondar.org X-Spam-Status: No, hits=0.2 required=5.0 tests=EMAIL_ATTRIBUTION,FROM_NO_LOWER,IN_REP_TO, QUOTED_EMAIL_TEXT,REPLY_WITH_QUOTES version=2.55 X-Spam-Checker-Version: SpamAssassin 2.55 (1.174.2.19-2003-05-19-exp) cc: freebsd-chat@freebsd.org Subject: Re: Ugly Huge BSD Monster X-BeenThere: freebsd-chat@freebsd.org X-Mailman-Version: 2.1.1 Precedence: list List-Id: Non technical items related to the community List-Unsubscribe: , List-Archive: List-Post: List-Help: List-Subscribe: , X-List-Received-Date: Fri, 05 Sep 2003 14:39:08 -0000 Bill Moran writes: > > Lawsuits are how you _defend_, not how you _conduct_. > > The crux of the problem, however, is where the fine line between defend > and conduct lie. Sure :-). I am well prepared to concede that there is a rich field of Grey Area(tm) to play in. > If I write a program that does something totally unique (hard to imagine > in this day and age, but bear with me) and market it. Then somone else > makes a program that does the exact same thing (although, written from > scratch), have they violated my rights? Should I defend myself? Legally, if you have patented your idea/code, then the priveliges granted to you (others may call those "rights" ;-) ) would suggest you have a defendable case. > In my opinion, no. They're allowed to write competing software. In the absence of a patent, sure. > If I write this program, and someone reverse engineers part or all of > my code (or steals the source, etc) and markets that, should I defend? > In my opinion, yes. In that case, they are stealing my work, not my > ideas. DMCA. If I reverse engineer your work, and then write _completeley_new_ and better code to do the same thing, where are we? If I take apart your mousetrap to see what oil you use on the hinges, where are we? If I do chemical analysis of your mousetrap's spring to improve the spring in my gronkulators, where are we? > Altough other people would consider me wrong for my opinion on the second > circumstance. Right or wrong, these differences of opinion are the > basis for this whole argument and many others that are relevent to our > profession. Agreed. Where abominations like DMCA, and lesser abominations like software patents fail is where liars^Wlawyers make their livings, and where disreputable "inventors" grovel in their shite for easy money. M -- Mark Murray iumop ap!sdn w,I idlaH