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



On Mon, Jul 12, 2004 at 11:39:45PM -0700, Don Armstrong wrote:
> On Mon, 12 Jul 2004, Sean Kellogg wrote:
> > On Monday 12 July 2004 11:45 am, Don Armstrong wrote:
> > > While the imagery of a computer programmer sitting on a lonely
> > > desert isle hacking away with their solar powered computer,
> > > drinking coconuts, and recieving messages in bottles might be
> > > silly, the rights that such a gedanken is protecting are anything
> > > but.
> > 
> > Not to argue against the intent of the Desert Island Test, but at
> > least in the United States, such a freedom is provided by the
> > law/courts, not the license.
> 
> I'm not familiar with the logic behind this.[1] Could you perhaps
> elucidate and provide references to case law?

You weren't and I wasn't, either.  Is it reasonable to expect most
licensors to be?

This sounds to me like a good reason for keeping the Desert Island test, and
buttressing it with real legal principle.

"Passing the Desert Island test: It's not just a good idea, it's the Law."

-- 
G. Branden Robinson                |    When we call others dogmatic, what
Debian GNU/Linux                   |    we really object to is their
branden@debian.org                 |    holding dogmas that are different
http://people.debian.org/~branden/ |    from our own.     -- Charles Issawi

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