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Re: Desert Island Test [Re: DRAFT: debian-legal summary of the QPL]



On Tuesday 13 July 2004 01:06 am, Jacobo Tarrio wrote:
> O Martes, 13 de Xullo de 2004 ás 00:56:39 -0700, Sean Kellogg escribía:
> > back to B due to lack of communication facilities.  The duty in question
> > will be discharged by the court under section 261 provided section 263 is
>
>  95% of the world population does not live in the US.

With great respect to the 95% of the world population that does not live 
within the US...  the great majority of the world does operate under laws 
derived from the common law system, which is embodied within the restatement 
of law (there is one for each area of law).  Even in the civil law societies 
(most of continental Europe and Japan) the law has been adopted from the 
United States post World War II, especially in the area of contract law where 
global economies have force a homogenization of the law.  So while your 
statement is certainly true and should always be remembered...  it doesn't 
make the fact that this is the law in most places any less true.

It does raise an interesting question though.  If Debian strives to be "legal" 
in every corner of the globe regardless of the laws there, how do we approach 
countries where copyright law prohibits the sharing of software?  Such a 
place doesn't exist, to my knowledge, but it would seem that if we must plan 
for every possible national twist on contract forbearance and the 
idiosyncrasies of "a license" that this is an issue.

Or maybe the argument has been taken too far...

-Sean


-- 
Sean Kellogg
2nd Year - UW Law School
c: 206.498.8207    e: skellogg@u.washington.edu
w: http://www.livejournal.com/users/economyguy/  <-- lazy mans blog

"When the only tool you have is a hammer, you tend to treat everything
as if it were a nail."
     -- Abraham Maslow



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