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Re: Keyspan Firmware fun

This is the kind of notice that gets deep-pocket distributors in knots. Pedigree is a major concern. Where did this code from? Is it authorized for distribution? Did some insider take this (perhaps confidential) source and add it to the distribution?
The deep-pocket distributor could be sued by the owner of this code for reproduction/distribution infringement and it will be of little help to say that it got it from Debian, FSF, Red Hat, etc. For one, the limitation of liability clauses in the various "open source" agreements. Further, even if there was a valid claim against someone downstream, that person(s)/corporation(s)/etc. may be judgment proof. In the end, it will likely be a cost (perhaps a huge cost) of doing business that needs to be seriously considered in the distribution decision by deep-pocket distributors (or any distributor for that matter). 

Just some thoughts when I saw the FORE notice jump out....



From: David Starner <dstarner98@aasaa.ofe.org>
To: Greg KH <greg@kroah.com>, debian-legal@lists.debian.org, hugh@misc.nu
Subject: Re: Keyspan Firmware fun
Date: Thu, 26 Apr 2001 02:55:29 -0500

On Thu, Apr 26, 2001 at 12:33:09AM -0700, Aaron Lehmann wrote:
> Copyright (c) 1995-2000 FORE Systems, Inc., as an unpublished work. This 

This is what gets me. It's being distributed, in some cases by
permanant media, to millions of random people, and it's unpublished?

--
David Starner - dstarner98@aasaa.ofe.org
Pointless website: http://dvdeug.dhis.org
"I don't care if Bill personally has my name and reads my email and
laughs at me. In fact, I'd be rather honored." - Joseph_Greg


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