On Sun, May 11, 2014 at 10:18 AM, Michal Wallace
<[email protected]> wrote:
> I agree, I definitely have better things to do with my time that deal with
> licensing issues, but it still needs to get done. :)

Maybe it does. The legal reasoning behind copyrights is a bit dubious,
but most legal reasoning is a bit dubious. Law seems to be based on
the idea that judges never make mistakes and that it's worth paying
people a lot of money to deal with the arguments which result trying
to make sense of their decisions. (That's oversimplified, of course -
it's really that they never make mistakes based on the facts presented
to them, and I could probably spend a few years qualifying any such
statement with additional caveats. And the fact is: most of them do a
fairly credible job, but that's no guarantee of anything.)

I suppose that's better than relying on feeding lots of people with
axes as a method of resolving disputes, but it's probably better to
leave law to people that get paid for it and then only if it's your
money that they are taking.

> And actually, since I want to spend as little time as possible dealing with
> legal issues, I think it's better to just not use software where my rights
> and obligations aren't clearly spelled out.  (Or at least, not use it for
> anything I plan to share with other people.)

That's your right, of course.

My impression is that anyone can be sued for anything, and that
licenses mean different things to different judges.

> For all I know, JDB could have been written by evil patent trolls. There's
> no author information, no copyright notice... Even
> http://www.jsoftware.com/jwiki/JDB/Announcement was posted by "anonymous".

That said, note that a copyright license is not a patent license.

Copyright is protection for "art" (which is to say: glitches and
defects that have no useful purpose -- there's an explicit prohibition
against copyrighting functional content (but of course different
judges will have different ideas of what anything will mean and most
cases are resolved on technicalities)), and is based on the concept of
irrepairable harm (to the author of the flaws) and the author is
protected from such harm for approximately 70 years after having died
(longer if the author is declared to be acting on behalf of a
fictitious entity who was never alive).

Patent is different kind of protection for a form of "science fiction
without any plot", and is not covered by copyright license. Also, in
general, (a) patents are not known to the authors of software, and (b)
patent trolls rely on people not being willing to go to a library to
find prior art (which is almost always findable for any patent claim
broad enough to matter).

The difference is that patent protection is for ideas, and not their
expression. Or... something like that. You'd have to spend a lot of
time and money to get an opinion from an almost infallible judge to
find out what that particular judge would actually decide in any
particular case.

> (The main page does mention ChrisBurke and OlegKobchenko... But are they
> the authors of JDB, or just of that page?)

That matches my memory of the authors of the package.

I haven't heard from Oleg for years. I wonder where he has gotten to?

Thanks,

-- 
Raul
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