On Tue, 2009-07-07 at 21:11 +0100, Rui Miguel Silva Seabra wrote: > On Tue, Jul 07, 2009 at 04:06:02PM +0200, drago01 wrote: > > On Tue, Jul 7, 2009 at 12:02 PM, Rui Miguel Silva Seabra wrote: > > > On Tue, Jul 07, 2009 at 11:07:52AM +0200, drago01 wrote: > > >> > The promise makes quite sure to tell you you have no right[1], but you can > > >> > infringe that they won't sue *you*[2]. > > >> > > > >> > [1] => means you can't do it with GPL > > >> > > >> It explicitly grant this right. > > > > > > What you're explicitly told s that you won't be sued if you do so without the right. > > > > > > And you have no right! > > > > If I told you "you can do whatever you want with this and I won't sue > > you" or "you have the right to implement this" > > > > Where exactly is the difference? > > In one you can be sued (because it's not only Microsoft who can do that in some > jurisdictions) and you're doing something which is illegal. At the risk of getting bogged down in details: My understanding is that, in such countries, in order to have any standing in such a case, the third party bringing the suit against you would have to have some claim to a grievance against you as a result of your illegal action against Microsoft. I would be delighted to hear a scenario in which you think this could arise. Also, please do remember that it is _not_ in itself illegal to distribute software that embodies someone else's patent. It's only illegal to do so without the owner's consent. If this is _not_ the case in some country, then everyone in that country needs to stop using the Linux kernel right now, because - to pick a trivial example - RCU is definitely patented. I mean, basically you're asserting that - for whatever bizarro country you're talking about - not only can you not waive your own property rights, but other people can be sued for accepting your waiver at face value. Now, there do exist a handful of countries that haven't accepted the Berne Convention, but they tend to be countries with an even weaker notion of copyright... - ajax
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