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The law is/is not code

The law is/is not code

Posted Jun 30, 2009 14:37 UTC (Tue) by davecb (subscriber, #1574)
In reply to: VFAT patent avoidance and patent workarounds by drag
Parent article: VFAT patent avoidance and patent workarounds

The law is not code, it just uses some few of the same terms in ambiguous ways, such as "code". It's the black art of coding for autonomous processes (humans) using only global variables and universal statements like

for all X, if X is blue, do not do X

Arguing about whether X is in fact blue, having publiclly said we're doing X, is evidence that there is doubt about whether X is blue.

In doubtful cases, a company can ask a court to rule on whether X is blue, and if so, whether we've roken the rule.

--dave


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