[Date Prev][Date Next] [Thread Prev][Thread Next] [Date Index] [Thread Index]

Re: Bug#164874: mobilemesh: recommends non-free package

On Tue, Oct 15, 2002 at 08:51:10PM -0500, Branden Robinson wrote:
> It sounds like some amateur who doesn't understand copyright law wrote
> this license, or MITRE should get their money back from whatever lawyer
> wrote this.

Not necessarily.  I've noticed that many contracts have unenforcible
clauses in them.  This seems to stem from four reasons:
  - The law may change in the future, thus activating the clauses.
  - The person signing the contract may not understand that the clauses
    are unenforcible, and might thus abide by them anyway.
  - Consistently claiming more rights than the law really gives can (in
    the long run) change the public perception of what the law says --
    so they won't be much alarmed when the law is changed to match this
    perception.  I'm fairly sure that at least the copyright industry
    and shampoo manufacturers are doing this deliberately.
  - Consistently adding clauses can mess with the legal system's
    "reasonable man" standard.  Example: Today it would be very hard to
    claim that you didn't expect a shrinkwrap license to be lurking in
    the box.  Similar bad things have happened to "reasonable expectation
    of privacy".

Richard Braakman
(always trying to out-cynic Branden)

Reply to: