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Date:      Sat, 19 Aug 2000 00:39:12 -0400
From:      "Thomas M. Sommers" <tms2@mail.ptd.net>
To:        Terry Lambert <tlambert@primenet.com>
Cc:        Brett Glass <brett@lariat.org>, Rahul Siddharthan <rsidd@physics.iisc.ernet.in>, freebsd-chat@FreeBSD.ORG
Subject:   Re: Sun's web site
Message-ID:  <399E0F70.ACD130B0@mail.ptd.net>
References:  <200008190131.SAA00239@usr08.primenet.com>

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Terry Lambert wrote:
> 
> > Management has a fiduciary duty to the shareholders.  If they give
> > away their source, and some other company makes a killing with it,
> > management has breached that duty.
> 
> Through malfeasance, by ignoring the market for the code themselves.

Not necessarily malfeasance.  They could simply be in error about the
potential profit to be had from the source.

> > But if they use the GPL, it is very unlikely that any other
> > company will make that killing, and management will be in the clear.
> 
> No.  They will still be guilty of malfeasance.  But they will also
> be guilty of criminal fraud, in that they covered up their malfeasance.

Fraud means obtaining title to property by false pretences; it has
nothing to do with the hypothetical under discussion.  Cover up implies
something done after an act to hide it; that also has nothing to do with
the hypothetical.



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