[ros-kernel] Windows source.

[Robert Köpferl]

At least I want this discussion or information.
Maybe ros-general would be a better place.

Skywing schrieb:

> Several people have already asked that these discussions be taken elsewhere.
> Could you please respect the wishes of the majority of the list?
> 
> In addition, this is definitely *NOT* the place to be slinging insults
> around ("It's clear that you're all too crippled ...").  If you have a
> problem with somebody, take it up with them somewhere other than our kernel
> list, please, thanks :)
> 
> -----Original Message-----
> From: ros-kernel-bounces at reactos.com [mailto:ros-kernel-bounces at reactos.com]
> On Behalf Of Daniel Benoy
> Sent: Friday, February 13, 2004 12:53 PM
> To: ReactOS Kernel List
> Subject: [ros-kernel] Windows source.
> 
> http://www.law.cornell.edu/treaties/berne/overview.html
> 
> Copyright holders have rights over reproduction, translation, broadcast, and
> 
> public recitation/performance.  They don't have rights to prevent you from 
> reading their copyrighted works. (i.e. It is legal to borrow a book from a 
> friend even without a licence.)
> 
> And it makes sense, how would you be able to find out if this really is
> source 
> code without looking at it?  Would that make Microsoft the only one allowed 
> to investigate the allegations of copyright infringment without fear of 
> procecution as an acomplice?
> 
> The act of actually downloading it may be considered reproduction, however 
> this has not been tested in court, and most likely (given past leanings of 
> the courts) the distributer would be the one infringeing, not the receiver.
> 
> But one thing is absolutely clear and certian, to quote the old law addage 
> "copyright protects expressions, not facts" you can NOT violate copyright by
> 
> learning Windows secrets and implementing them in ReactOS.
> 
> As for trade secrets, under certian jurisdictions, like California (home of 
> the infamous DeCSS lawsuits), there's laws against releasing trade secrets, 
> that is to say, comitting corporate espianage.  However, these laws only 
> punish the person who lets the cat out of the bag (Whoever leaked the 
> source), once it's out, it's out.
> 
> As for writing to have the laws change, I don't need to.  They already
> protect 
> anyone who would view this source, as long as they don't publically recite 
> the source, broadcast it, translate it into another language, or copy it
> into 
> ReactOS.  And it's a good thing too, because this source probably has very 
> valuable secrets to expose.
> 
> Although INAL, I just happen to know a lot about copyright law.  I'm sure
> you 
> could just go ask your attournies and they'll tell you the same thing I
> have.  
> 
> On a broader note, It's clear that you're all too crippled by the copyright 
> culture to even function as normal decent members of society.  It's your 
> civic duty to learn all of the Windows secrets and share them with your 
> friends and neighbours.  That's why copyright was invented in the first 
> place!  To encourage the free flow of ideas, not hamper them!  Besides, 
> Microsoft WILL pull an SCO on this project eventually, wether you benifit 
> from the leaked source or not.  Our one and only hope is to gain enough 
> strength by then to weather the storm (Like Linux did).
> 
> On Friday, February 13, 2004 00:46, Nate DeSimone wrote:
> 
>>Microsoft's Source Code is something called a trade secret, that source
>>code was not supposed to be released in the first place, it was leaked
>>illegally.  Obviously you don't know a whole lot about the way the
>>copyright system works, you can do 4 things with a piece of copyrighted
>>material, sell it, license it, release it to the public domain, or hang
>>on to it and not let anyone else have it.  Microsoft License's their IP,
>>and we do not have a valid license to that source code that allows us to
>>use it for derivative works (nor will Microsoft ever give us one), so
>>therefore even peaking at it will make us legally liable.  If you don't
>>like the way copyright works, then don't complain to us about it, all we
>>do is strictly follow it to the letter.  If you would like to contest
>>the current setup of the copyright system, write a letter to your
>>senator or start a petition, but this mailing list is not about
>>lawmaking, so therefore this discussion has ended, I will not discuss
>>this issue further, and I encourage everyone else to do the same.
> 
> 
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