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Re: derivatives in English law, was: nmap license



On Tue, Aug 10, 2004 at 09:14:31PM +0100, MJ Ray wrote:
> On 2004-08-10 21:05:32 +0100 Andrew Suffield <asuffield@debian.org> 
> wrote:
> 
> >There's a parallel, synonymous term in UK law. Any reasonable court
> >should accept it as a synonym.
> 
> Relying on a reasonable court unless it's really certain might be seen 
> as a lawyerbomb. What is the synonymous term?

Ask me again next week (when I'm not stuck behind a modem and can
afford to spend half an hour trawling the bloody copyright acts).

Ultimately you're always screwed in an unreasonable court, so it's not
worth worrying about that case. UK law is sufficiently snarly that you
can twist it to mean almost anything if you're really trying; we rely
on judges to keep it under control.

> Given that, I wonder why 
> we get so many English law (I don't know about Scottish or any others) 
> licences using the sublicensing concept instead. Tradition?

Probably. If there are people more conservative than lawyers, I
haven't heard of them. They don't aim for "best", they aim for
"reasonably able to blame somebody else". It helps to ensure the
continued employment of lawyers.

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