Ok, .uk says it all...  Sorry, but here in the US a hot cup of coffee
gets you in court.  An employee who works for you parttime gets involved
in a traffic accident, and you go to work.

Maybe it's a case that won't win, so what?  It costs a lot of money to
defend yourself against a frivolous lawsuit.

BTW, I don't like your attitude, so I'm suing you.  Better go find you
an attorney, cause I have ten or so bored to tears.  Yeah, that's the
attitude in the US these days.


Lacy Moore, Project Administrator
Moore & Moore General Contractors, Inc.


-----Original Message-----
From: Adam Williamson [mailto:[EMAIL PROTECTED]] 
Posted At: Thursday, November 28, 2002 11:37 AM
Posted To: Cooker
Conversation: [Cooker] Microsoft True Type Fonts for Contrib...
Subject: Re: [Cooker] Microsoft True Type Fonts for Contrib...

On Thu, 2002-11-28 at 16:23, David Walser wrote:
> C'mon people, give it up.  The difference between some
> script that DLs them at install time and an RPM that
> ships them directly is not immediately obvious to a
> non-techie.  What that means is, it's close enough for
> Microsoft to sue, and MandrakeSoft to not be able to
> get the case dismissed in a summary judgement.  It
> would have to go to full trial so you could explain to
> the judge the difference between an RPM and an SRPM. 
> Full trial == $$$, money MandrakeSoft doesn't have. 
> Furthermore, you all are pressuring them to do
> something unsafe, something which could cause them
> they're livelihood, so understand their attitude.

I just don't think this is either accurate or true, and I worry about
the quality of Mandrake's legal advice. I thnik Mandrake is being way,
way too timid in this case. It's a nice popular myth that big companies
can force small ones into ruinous trials at the drop of a hat, and it's
certainly true in some contexts, but I don't think it's true in this
context at all. Whether the difference is immediately obvious or not is
simply not an issue, because it can easily be explained. The legal
system is sophisticated enough to draw a distinction between supplying
the source code for a patent-infringing application (not illegal) and
supplying a compiled binary of that source code (illegal), it's
certainly sophisticated enough to draw a distinction between a package
which includes some material and one which doesn't. I can't see any
competent lawyer seeing a snowball's chance in hell of a positive
outcome in an action against such a script, because such a script has
absolutely rock-solid foundations. I really can't see such a case being
pursued under the circumstances, because Microsoft would have absolutely
nothing to gain. Let's not flatter ourselves here, Microsoft couldn't
really give a damn about Mandrake - it wouldn't even care too much about
putting Mandrake out of business, because it doesn't see Mandrake as a
competitor. Microsoft is too short-sighted to consider a relatively
small, desktop-directed (this is the perception of Mandrake) distro as a
threat. Microsoft's perceived threats in the Linux arena are IBM, Red
Hat and to a lesser extent UnitedLinux. Given that an action against
Mandrake would be utterly unlikely to succeed, would generate an
avalanche of bad press for Microsoft, and would give them absolutely no
positive benefit, I can't see it happening. Hell, I wouldn't even bet
against the possibility that, if someone actually *ASKED* Microsoft,
they'd expressly say it was OK to include a download script for their
web fonts. As someone pointed out, Microsoft WANTED those fonts
distributed across the web, it wasn't trying to restrain their
distribution at all. I'm sure Mandrakesoft have made their decision, I
simply believe they're making a mistake and it's legitimate to continue
to point out that mistake in the hope this will be considered more
rationally and not in such a climate of fear at a later date.
-- 
adamw



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