Adam McKenna writes: > > > > 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?
Those protections are only available sometimes. The wrongful death civil suit against OJ Simpson (after his criminal trial) was a notable case: Simpson could not claim Fifth Amendment privilege since he had been acquitted in the criminal case, and his testimony could not be used to convict him. In contrast, Det. Mark Furhman refused to answer questions (as a witness, not a party to the suit) on Fifth Amendment grounds because the state of California was actively investigating his actions. > > 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. 17 USC 117 talks about computer programs, not documentation. > b) In the case of GFDL documents, there are no monetary damages that could > be sued for in civil court Injunctions, award of costs, and punitive damages are possible even if there are no specific economic damages. Michael Poole -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]
