[Am-info] remedies, enforcement, etc.

Hans Reiser reiser@idiom.com
Fri, 07 Jan 2000 22:31:42 +0300


Eric Lee Green wrote:

>
> Finally, for those who questioned why I mentioned licensing Microsoft's code
> rather than outright selling or giving it away -- we have a thing called a
> "Constitution" in this country that prohibits simply taking somebody's property
> without compensation.

Unless they break the law.  Read section 6 of sherman about forfeiture of goods
owned pursuant to a conspiracy to restrain trade.  They owe us compensation, and
forfeiture of everything they made to the United States only begins to repair the
harm....

> We also have a little thing called "copyright law" that
> says that if you own a copyrighted piece of software, nobody's allowed to copy
> it or make derivative works based on it, and if people do make derivative works
> based on your work, those derivative works are your property too -- unless
> other contractural (licensing) agreements have been made to say otherwise.

Read Paramount Pictures vs. US and Loew's vs. US.

Leveraging of some software components into a monopoly on other software
components should be considered illegal.

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