Adam McKenna writes: > On Fri, Sep 16, 2005 at 08:05:02AM -0400, Michael Poole wrote: >> Marco d'Itri writes: >> >> > [EMAIL PROTECTED] wrote: >> > >> >>Is a license that requires micropayments in exchange for distribution >> >>rights >> >>free? If not, why is a cost measured in terms of legal risk imposed by the >> >>license more free than one measured in hundredths of a cent? >> > Because it's not obviously a "cost". >> >> I have already explained why it *is* a cost. > > It's a potential cost, not an actual cost. I think the cost is much lower > than you are making it out to be. If the lawsuit is truly frivolous (meant > only for harassment), the only cost should be that of retaining a local > attorney in the chosen venue to represent you. Appearing personally > would probably not even be required.
"Pet a cat if you see one." "Ignore lawful orders from a superior officer if you are in the military." "Allow the copyright holder to audit all your computer files for license violation if he demands it." These are all potential costs, not actual costs. Are any of those something you would accept in a license for Debian? Whether the lawsuit is frivolous or not is totally irrelevant. What is relevant is that the user is required to give up a legal protection he normally has -- for no better reason than the convenience of the copyright holder to sue users. The cost is particularly aggravated by the fact that we have already seen frivolous claims on the part of copyright owners. One well-publicized pending software case has already stretched for more than two years and tens of millions in legal fees. I think most of us believe that case is meritless and was brought solely to harass the defendant, yet it is certainly not just a question of the defendant hiring a lawyer to appear in court and explain how frivolous the claims are. The absolute costs in that case are orders of magnitude higher than what an individual litigant would expect to face, but the relative costs are orders of magnitude *lower* (as a fraction of discretionary budget). A corporation may think little of paying a lawyer $50,000 to argue a case until the plaintiff settles, and that cost is reasonably likely to be covered by the company's insurance, but few individuals would be able to do the same. Michael Poole -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]
