On Thu, 2002-08-08 at 16:45, Terry Lambert wrote:
> Julian Elischer wrote:
> > On Thu, 8 Aug 2002, Katsushi Kobayashi wrote:
> > > Did you suggest the same API should be used on both Darwin and FreeBSD ?
> > > Or, should we share the same code on the device driver level ?
> > >
> > > Although I have not read the terms and condition carefully, I am afraid
> > > if once
> > > read the source code, I cannot write any firewire kernel code.
> > 
> > There is no problem with that..
> > The courts have said that what you know in your head can not be
> > withheld from your use.
> > You may not be able to DIRECTLY COPY it but you can use it as a source
> > of information.
> > (depending on the coppyright you may even be able to copy it of course :-)
> He is in Japan.
> Japan is one of the few places, besides the U.S., which permits
> software patents.  In additioan, they have a number of draconian
> laws about reverse engineering, and so on, similar to the laws
> that have been recently passed or are in the process of being
> passed in the U.S..  You can not sell or rent a game cartridge
> for a console game there, for example.
> He may need someone else to agree to the license for him, and
> then document the API without coping the information directly.

I'm not sure why Apple would bite the hand that feeds it.  BSD is not
powerless against them, I see no reason to be afraid.  My argument is
that Apple has made claims that they will be contributing back to BSD. 
So, if Katsushi can't go check out their code and make FreeBSD's
compatible, then they will be going against their word, and that will
not look good to very many of us.  Apple is in plenty of hot water
already, they don't need a bunch of pissed off BSD users too.

In light of the recent and long overdue questioning of business ethics,
I think it's our duty to challenge Apple.  Apple could have taken the
code and walked away, but since they want to be a part of the process
they're going to have to deal with us.  Of course, it's not my neck on
the line, so I totally respect Katsushi's hesitance.

If the decision is made to go ahead and Apple follows up with legal
action, I can guarantee you that the very next day I will be on the
phone with as many senators as I can.  Not only that but I would not
stop until all parties names are clear and they are free to go ahead
with writing the code.  I don't think my opinion is out of line, and I
have confidence that many of you support this attitude.


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