Licence text and fabs
Posted Oct 5, 2006 8:42 UTC (Thu) by nim-nim
In reply to: Licence text and fabs
Parent article: Busy busy busybox
Oh, some people will think of it.
But you know what? I don't care. They'll be laughted out of court since judges have a very low tolerance for this kind of legal trick.
The judge's test will be the following: are the copyrighted/trademark/whatever parts functionnaly necessary? If the answer is no and they've been knowingly inserted only to make copyright/trademark/whatever law conflict with another legal requirement, game over. You're trying to game the law and wasting the judge's times. Too bad for you if you loose some IP property in the process, no one forced you to expose it.
Even if someone managed to construct some functionnal reason for the use of these parts, copyright/trademark/whatever law wouldn't win automatically -- the judge would balance one requirement against another, and the more artificial convoluted one would lose.
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