Date: Sat, 06 Apr 2002 15:47:49 -0800 From: Terry Lambert <tlambert2@mindspring.com> To: Benjamin Krueger <benjamin@macguire.net> Cc: Tony Finch <dot@dotat.at>, Rahul Siddharthan <rsidd@online.fr>, Greg Pavelcak <gpav@som.umass.edu>, freebsd-chat@FreeBSD.ORG Subject: Re: Use/Utilize Message-ID: <3CAF8925.588E0531@mindspring.com> References: <20020406171612.A17530@chiark.greenend.org.uk> <3CAF79CA.CB4D14B8@mindspring.com> <20020406150212.B1027@rain.macguire.net>
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Benjamin Krueger wrote: > > So now everyone who writes code is expected to be well read in > > copyright? Some of us are, but most of us aren't... > > This doesn't seem like an unreasonable burden to me. Anyone who drives > a car is expected to be well read (or at least reasonably familiar with) laws > governing vehicles and roads. Anyone who engages in investments is expected to > be well read (or again, at least reasonably familiar with) laws governing > investments. You'd probably be hard pressed to find a service provider, > creator, or manufacturer who was unaware or unfamiliar with of the legal > situation surrounding their activities. This is a barrier to entry for any business. It means that lobbying for additional regulations is a means of locking out potential future competition. Not that this doesn't happen (the Honda CRX-HF, which was 68 MPG on the EPA stickers, and the Yugo were both effectively barred entry into the U.S. by rules lobbying by the big 3 auto makers). People driving cars are not really that well informed about the law. The driver's license you get is actually a contract with implied provisions. You can decline these provisions, and thus nut be bound by them -- but your life will be a living hell, as the state attempts to coerce your compliance. I would not recommend citing the U.S.C. section that permits you to opt out from the contract provisions, next to your signature on the DMV form. For investments, there is certainly a much higher standard for investment practioners than for lay investors. Most services permitting lay investors to invest on their own recognizance are rife with disclaimers and other license-based hold harmless. For manufacturers... well, there is a barrier to entry, but it is unreasonable for society to expect every "Mom and Pop" operation to be as cognizant of the rules as GM or IBM. In fact, the law specifically excepts small businesses from a *lot* of legislation; for example, if you have under a certain number of employees, you are not required to provide medical benefits, etc.. > I've only heard of 1 case ever where someone was able to convince a judge > that they were innocent by way of not knowing the law. That was in response to > an obscure and undocumented statute, one even the court clerk could not locate > in the lawbooks, which said he couldn't park a motorcycle in between car > parking spots. =P If you can't point to the statute, it's not there. However, if you ever have a speeding ticket, and it's not on a federally funded road, ask a lawyer friend if your state has a "prima facia" law. You may be surprised... -- Terry To Unsubscribe: send mail to majordomo@FreeBSD.org with "unsubscribe freebsd-chat" in the body of the message
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