Stewart Stremler wrote:
begin  quoting Paul G. Allen as of Wed, May 02, 2007 at 10:42:43AM -0700:
On Wed, 2007-05-02 at 09:27 -0700, Stewart Stremler wrote:
[snip]
It happens all the time in courts. Someone says, "I gave it to them as a
gift."

The judge says, "Then you gave up all your rights to it."
Yup. Which is why the lack of a consideration with GPL software might
well turn it into a gift.
It hasn't yet happened and I'd think that if a Microsoft thought it
could, they would have tried it in court by now.

Nah. _Evil_ does not imply _stupid_ as well.
Were I evil enough to work for M$, I'd recommend that we get "forced"
to make "gifts" to an/the open-source community, and then see if we
couldn't arrange a precedent *against* us where "gifts of software"
implied no legal right to control over the gifted work.

If they don't at least have multiple contingency plans in place,
I'd be disappointed.

Daniel Wallace already tried something like that in his antitrust suit - which was literally laughed out of court (and where he was told that if he pursued that course again, he and his lawyer (himself) would be sanctioned.

--
   Best Regards,
      ~DJA.


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