Re: Re: Test suite? WAS Open source niceties

Link provided by Elmer FUD:
http://www.fas.org/irp/congress/1989_cr/h890712-japan.htm

Very interesting reading, perhaps you and Elmo should read or re-read it. While 
it made your point on IBM persuing people who steal from them, it also provides 
execellent  information on the U.S. legal system and how it works. In 
paticular, the burden of proof is on the prosecution. There is a good reason 
for this. Anyone can make accusations against someone that may or may not be 
true, and it is very hard, usually impossible, to prove that you did not do 
something or do not possess something. 

So while you and Elmo want the developers to disclose their sources of 
information, you aren't entitled to the answers. Why don't they answer you? 
Because the non-response irritates you (and they derive a perverse pleasure 
from this like I do), and/or once you had that answer you would just try to 
invalidate it or go on to someother line of attack.

Elmer challenged:
b) Name just _ONE_ legal commercial licensee of a current IBM operating system 
under Hercules.

What makes you think they have access to that information? They don't market 
Hercules, I doubt if they know who has copies of Hercules. Only IBM (and the 
customer) would know who has a legal commerical license for Hercules. So take 
that up with IBM. But as I pointed out in an earlier post, IBM may not be 
legally able to provide you that information, because of the customer 
confidentiality, or does not want that information to be available publiclly 
for their own reasons.

Finally, since you and Elmo are _SO_ concerned about legal issues like patents, 
Intellectual Property, licenses etc., why don't the two of you look into the 
legal definition of libel, and how it might be applied to you and your 
implications that the Hercules developers have "stolen" proprietary information 
from IBM. You may luck out on this since I don't think anyone on these groups 
take either of you seriously.



[Non-text portions of this message have been removed]


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