On Tue, Mar 21, 2006 at 08:19:30AM -0500, Michael Poole wrote: > Maybe a disgruntled friend/family member/employee tells him. Perhaps > some software vendor installed spyware or other monitoring software. > Who knows? That's not the kind of question we generally consider when > deciding whether a license is free.
We are not talking about the general case here, we are talking specifically about verbatim copies of GFDL documents. > > > And since you're stating "yeah, I used them" you've said they're not for > > > archival purposes only ??? they're for use as well. > > > > And in a court where I am not required to incriminate myself, how would he > > prove it? > > The Fifth Amendment's privilege against self-incrimination applies > specifically to criminal charges. Copyright infringement cases are > more often civil suits. Civil suits also use a preponderance of > evidence rule to decide who wins; if the defendant does not testify, > whatever is on his computer will speak pretty loudly. Post-DMCA, copyright infringement is a criminal offense. Are you asserting that Fifth Amendment protections do not extend to witnesses testifying in civil cases? > Are you seriously suggesting that something is fit for Debian if > exercising certain DFSG freedoms violates the license, but a violator > is unlikely to be caught doing it? No, in fact I've gone out of my way to make sure that I didn't suggest that. What I've suggested (maybe not clearly) is that IMO: a) A person could reasonably argue that multiple verbatim copies of a GFDL document are backup copies as defined by 17 USC 117. b) In the case of GFDL documents, there are no monetary damages that could be sued for in civil court c) a, and b, together, make the restriction you are claiming exists, with regard to verbatim copies of GFDL documents, both unenforcable and unlikely to be brought to court. (Additionally, I personally don't agree that the restriction exists at all). --Adam -- Adam McKenna <[EMAIL PROTECTED]> <[EMAIL PROTECTED]> -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]
