> Also, in any sane legal
> system, it should only affect those users who willingly violate the licence,
> even after a cease-and-desist letter, and i would say they deserve what they
In any sane legal system, the judge is going to find out what's going
on from both sides before he even considers dismissing the case. That
means that the user has to hire a French lawyer to write a response to
the statement of cause. Unless the judges are omniscient, that's what
has to happen.
And let's be honest; a court case may look obvious to us, but few
judges have ever had a case where an open-sourceish license is
involved, and not many more are familiar with programming and the
free software community. The judge may need some time to get up
> In the ocaml case, the upstream authors being a small team of 6-10 people
> from the academic world, and wanting to be as unbothered as possible in
> all these issues, also may fear the violation of the ocaml licence by
> entities such as sun or microsoft, which would gain from the ocaml
> technology in both java and C#,
I understand they fear the use of OCaml code in any non-functional
programming system, Free or not. In any case, neither Sun or Microsoft
is probably going to want to copy code from OCaml; they want to copy
ideas. And that is not protected by copyright law.
> fear that a court of venue in the US may render any chance of getting
> justice void, given the money governed US legal system.
Somehow, I am left unconcerned by the irrational fears of bigots. I'm
sure Americans could equally rational worry that a court of venue in
France may render any chance of getting justice void, giving the fact
they are Americans.
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