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Re: Legal Status of VCG



On Thu, Mar 03, 2005 at 03:41:49PM +0000, Brian M. Carlson wrote:
> Also, using the term "pirated code" is not likely to win you many
> friends here. A pirate is defined as the following:
> 
>      1. A robber on the high seas; one who by open violence takes
>         the property of another on the high seas; especially, one
>         who makes it his business to cruise for robbery or
>         plunder; a freebooter on the seas; also, one who steals in
>         a harbor.
> 
> If you are insinuating that any person committed "open violence" to
> obtain or distribute this code, you must show evidence to that effect.
> Otherwise, if that is not the case, you should use more accurate terms,
> such as "illegally distributed code" or "illegally acquired code", as
> the case may be.

"Improperly licensed code" would be more accurate (or perhaps
"unlicensed"). It's not even intrinsically illegal. Probably
"sufficient possibility of losing a lawsuit", which is all we normally
need for this sort of thing, but that's much weaker.

[I would not consider this a clear win for the relevant university;
they'd have a fair amount of work to do to prove that they own it and
have not implicitly licensed it, and that neither the statue of
limitations nor doctrine of laches applies; they have been grossly
negligent in letting it go this long].

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
 `. `'                          |
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