Replies in-line

> Message: 6
> Date: Mon, 30 Jun 2008 05:27:54 +0000 (UTC)
> From: PJ <[EMAIL PROTECTED]>
> Subject: Re: [ilugd] Bill Gates got Windows 1.0 source-code from
>        trash-bin
> To: [email protected]
> Message-ID: <[EMAIL PROTECTED]>
> Content-Type: text/plain; charset=us-ascii
>
> shirish <[EMAIL PROTECTED]> writes:
>
>
>>  First of all sorry for cross-posting the same query on so many lists.
>
> So don't do that then. It irritates people and gets you bad karma.
>
>>  I read somewhere couple of days ago that Bill Gates actually got his
>> source-code from some trash-bin
>
> It's distorted in the telling.
>
>> I don't remember the website [snip excuses]
>
> I posted about it on this mailing list too a while ago, I think.
>
> "I'd skip out on athletics and go down to this computer center. We were moving
> ahead very rapidly: Basic, FORTRAN, LISP, PDP-10 machine language, digging out
> the operating system listings from the trash and studying those."
>
>  - http://www.theregister.co.uk/2000/06/29/bill_gates_roots/

I posted couple of more links after I got feedback. This was the
original post which I had read and then forgotten

http://www.dhanapalan.com/blog/2008/06/22/bill-gates-and-the-importance-of-source-code/

and another one which I got from here

http://www.vanwensveen.nl/rants/microsoft/IhateMS_1.html

I thank you for the additional link.
> PJ
>
>
>
>
>
> ------------------------------
>
> Message: 7
> Date: Mon, 30 Jun 2008 14:16:52 +0530
> From: ???? ????? Ashish Shukla  <[EMAIL PROTECTED]>
> Subject: Re: [ilugd] [OT] Difference between cross-post and multi-post
> To: The Linux-Delhi mailing list <[email protected]>
> Message-ID: <[EMAIL PROTECTED]>
> Content-Type: text/plain; charset=utf-8; x-action=pgp-signed
>
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> ,--[ On Mon, Jun 30, 2008 at 09:58:31AM +0530, shirish wrote:
> | Hi all,
> |  Another thing I know both the articles are written from usenet
> | perspectives. From what little I know usenet are the forefathers of
> | modern mailing lists, so the above should apply to mailing lists as
> | well I guess.
>
> Cross-posting and multi-posting make difference in newsgroup posting. I
> don't know how they're relevant in terms of mailing list.
>
> If you post a message to multiple newsgroups, by mentioning multiple 
> newsgroups
> separated by commas, in 'Newsgroups' header, this is cross-posting.
> There is a 'Followup-To' header, where you specify, on which newsgroup,
> you want follow-ups to the posting.
>
> If you post a single message to multiple newsgroups, by creating separate 
> postings,
> this is multi-posting.
>
> In case of cross-posting, only single message is submitted, which will
> show up in all posted newsgroups. If you've already read that message in one
> newsgroup, it'll be marked as _read_ for you by your NUA (news user agent),
> so if you came across that message in other newsgroups also, that message
> will already marked as _read_ .
>
> The cross-posting won't have desired effect (similar to newsgroups) in case of
> mailing lists, as these mailing lists operate in a different way from
> newsgroups. Although the only benefit with cross-posting in terms of mailing 
> lists is
> that you get messages from different lists with same 'Message-ID' header. It 
> depends
> on your MUA to figure out that whether these messages are cross-postings
> or not.
>
> HTH
> - --
> ?-- ?- ???? ?--- ?- ???- ?- ?--?-? --? -- ?- ?? ?-?? ?-?-?- -?-? --- --
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>
> ------------------------------
>
> Message: 8
> Date: Mon, 30 Jun 2008 14:11:17 +0530
> From: Kenneth Gonsalves <[EMAIL PROTECTED]>
> Subject: Re: [ilugd] FOSS: VAT or service tax [was] Bill Gates got
>        Windows 1.0 source-code from trash-bin
> To: [EMAIL PROTECTED],       The Linux-Delhi mailing list
>        <[email protected]>
> Message-ID: <[EMAIL PROTECTED]>
> Content-Type: text/plain; charset=US-ASCII; delsp=yes; format=flowed
>
>
> On 29-Jun-08, at 7:44 AM, Raj Mathur wrote:
>
>>> and when you finally find a buyer for that bridge across the Yamuna
>>> don't forget to add octroi and VAT
>>
>> If you don't believe me, I'd suggest you get some competent lawyer to
>> read the various licences at opensource.org and explain to you how
>> none
>> of them prevents you from selling the software.
>
> if you are talking law, you would know that interpretation of
> statutes (and licenses, contracts etc) does not depend on the mere
> letter of the law. So by just examining the licenses, no lawyer,
> competent or not can give an opinion on this.
>
> there are two types of competent lawyers:
>
> 1. Those who look at the laws and court rulings and tell you what can
> be done within the confines of these laws
>
> 2. Those who look beyond what is written and work to create/develop
> the law on the relevant subject
>
> ultimately law is made by the supreme court. There is no such thing
> as 'settled law', laws are always subject to change - just needs a
> larger bench of the supreme court to do so. And when the court looks
> at any law, they look at the written law as well as such things as
> natural justice, equity, interests of the state, interests of the
> public in general and then they pronounce on the law.
>
> In the case of software in general and FOSS in particular, there is a
> school of thought that software is knowledge which belongs to mankind
> and can neither be bought nor sold. I happen to subscribe to that
> school of thought. And I know competent lawyers who also belong to
> that school of thought, who are working to get rulings from courts in
> these areas. So the question is: which type of competent lawyer
> should I approach?
>
> Further, there are two more problems here:
>
> 1. No two lawyers agree on anything. So how many opinions do I get?
>
> 2. A legal opinion is only worth anything if a fee is paid and the
> opinion is given on the firm letterhead and signed on every page. For
> an opinion on a matter so fraught with controversy and with huge
> financial implications, the fee would run to several lakhs - I cannot
> afford that.
>
> Anyway, the practical problem before us is that purveyors of FOSS
> have to charge service tax as they have been advised that FOSS
> software is not a commodity that can be bought or sold. Proprietary
> software vendors get away with VAT - as the rate of ST is 12% and VAT
> much lower, this puts FOSS vendors at a disadvantage. If we can get a
> strong enough legal opinion on this subject, then we too could charge
> VAT and become more competitive.
>
> Maybe we could get an opinion from Eben Moglen (only lawyer that I
> know of who is competent in this field).
>
>>
>> Some licences like the GPL force you to provide source code for a
>> nominal fee along with binaries at the user's request;
>
> I thought all OSI licenses force you to do this
>
>> however, that
>> nominal fee applies to the source code, not to the binaries --
>> there is
>> no limit on how much you can charge for the binaries.
>>
>> In short, not being able to sell FOSS is a limitation of the market
>> (no
>> one wants to buy it), rather than some intrinsic limitation in FOSS
>> itself.
>
> I would tend to the opinion that sale of any software, let alone FOSS
> is illegal, immoral and an act of cheating - the only point is, that
> the courts have to recognise this.
>
>
> --
> regards
>
> Kenneth Gonsalves
> Associate, NRC-FOSS
> [EMAIL PROTECTED]
> http://nrcfosshelpline.in/code/
>
>
>
>
>
>
>
> ------------------------------
>
> Message: 9
> Date: Mon, 30 Jun 2008 15:39:02 +0530
> From: Raj Mathur <[EMAIL PROTECTED]>
> Subject: Re: [ilugd] FOSS: VAT or service tax [was] Bill Gates got
>        Windows 1.0 source-code from trash-bin
> To: [email protected]
> Message-ID: <[EMAIL PROTECTED]>
> Content-Type: text/plain;  charset="iso-8859-1"
>
> On Monday 30 Jun 2008, Kenneth Gonsalves wrote:
>> On 29-Jun-08, at 7:44 AM, Raj Mathur wrote:
>> [snip]
>> > Some licences like the GPL force you to provide source code for a
>> > nominal fee along with binaries at the user's request;
>>
>> I thought all OSI licenses force you to do this
>
> Once again, you need a competent lawyer to show you how various FOSS
> licences differ from each other.  Some, like the GPL, force
> distribution of source when you distribute binaries.  Others like BSD
> permit you to give and/or sell binaries made from FOSS source without
> any obligation to provide the source.
>
>> > however, that
>> > nominal fee applies to the source code, not to the binaries --
>> > there is
>> > no limit on how much you can charge for the binaries.
>> >
>> > In short, not being able to sell FOSS is a limitation of the market
>> > (no
>> > one wants to buy it), rather than some intrinsic limitation in FOSS
>> > itself.
>>
>> I would tend to the opinion that sale of any software, let alone FOSS
>> is illegal, immoral and an act of cheating - the only point is, that
>> the courts have to recognise this.
>
> So are you OK with giving proprietary software away for free?  Should we
> be commending MS for making IE available for download for free?
>
> If someone wants to buy a FOSS package it is perfectly legal and, IMO,
> moral to sell it to her.  After all, the package remains doesn't become
> proprietary by the mere fact of sale -- it remains FOSS.
>
> I believe that proprietary (close source) software it unethical and
> immoral.  Not being a communist, I don't believe that just selling
> software is immoral or unethical.  As long as the software remains open
> you are welcome to make money from in in any way you desire short of
> making it proprietary.  You can give away free copies of proprietary
> software
>
> As for legality, I would only like to quote some statements from the GNU
> General Public Licence v2.0:
>
> <quote>
> When we speak of free software, we are referring to freedom, not price.
> </quote>
>
> <quote>
> ...if you distribute copies of such a program, whether gratis or for a
> fee...
> </quote>
>
> <quote>
> You may charge a fee for the physical act of transferring a copy, and
> you may at your option offer warranty protection in exchange for a fee.
> </quote>
>
> If RMS and all of FSF is satisfied with expressly permitting charging
> money to distribute FOSS, I'm satisfied that it's legal and ethical.
>
> In short: Proprietary software is not the same as commercial software.
>
> Regards,
>
> -- Raju
> --
> Raj Mathur                [EMAIL PROTECTED]      http://kandalaya.org/
>       GPG: 78D4 FC67 367F 40E2 0DD5  0FEF C968 D0EF CC68 D17F
> PsyTrance & Chill: http://schizoid.in/   ||   It is the mind that moves
>
>
>
> ------------------------------
>
> _______________________________________________
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>
> End of ilugd Digest, Vol 63, Issue 58
> *************************************
>



-- 
 Regards,
 Shirish Agarwal
 This email is licensed under http://creativecommons.org/licenses/by-nc/3.0/

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