> Message: 2
> Date: Tue, 11 Jun 2013 20:54:51 -0400
> From: Matt Shaver <[email protected]>
> Subject: Re: [Emc-developers] Radical Ideas
> To: [email protected]
> Message-ID: <20130611205451.3081519e@Matt>
> Content-Type: text/plain; charset=US-ASCII
>
> On Tue, 11 Jun 2013 18:45:23 +0800
> "Paul Kelly" <[email protected]> wrote:
>
> > 2.A Could you not just make (and document) every effort to contact the
> > existing authors with an "If you object to this new licensing
> > arrangement (which is fundamentally a holier than thou, close to
> > public domain approach) then contact us within 6 months." Type
> > approach, then release a set of sources under the new license... If
> > anyone decides they object at a later date then 2.B applies to them
> > and there will be no real consequences.
>
> No. Here is my reasoning:
>
Administrative procedure disagrees with you.


>
> A. Let's assume that we know the name and address of every contributor.
> There are no unknown contributors. We hire a private process server to
> hand deliver a written notice of your proposal to all of the
> contributors. Then what?
>
Proper service is key.
Unanswered proper service is agreement to the claims in the served papers.


>
> B. Nothing obligates the recipients to open or read your message.
>
True
See A. above - to show disagreement you MUST answer.


>
> C. Even if the recipients read your message, this places no
> obligation on them to respond whether they agree or disagree with your
> proposal.
>
see A and B above


>
> D. Their non-response does not affect their ability to defend their
> copyright later on if desired.
>
Uh - their non-response obligates them as their non-response is agreement
in fact.
All of the points in the served papers become prima facie evidence
http://en.wikipedia.org/wiki/Prima_facie

This is the heart of administrative procedure.
All of our courts live in this world. All of our statutes live in this
world.


> I'm not saying that polling the folks around here to ascertain what the
> majority wants is a useless idea though.
>
> In a voluntary society the majority opinion is not important.
The polling is not useless because if someone wants to volunteer to work on
a popular project we need to know what the project would be.


> Thanks,
> Matt
>
>
>
>
Stuart
-- 
dos centavos
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