On Tue, Mar 29, 2005 at 07:15:01AM -0500, linux-os wrote [snip] > > In the United States there is something called "restraint of trade". > Suppose there was a long-time facility or API that got replaced > with one that was highly restrictive. To use the new facility, one > would have to buy a license or kiss somebody or something that > was not previously required. If an action was brought against the > person(s) who replaced the old facility with the new one, it > is likely that the plaintiff would prevail. > [snip]
The key phrase here is 'restraint of /trade/'. Noone has been selling these drivers, and nonone's been dealing in the right to use or write them. Without being a lawyer (US or otherwise), I'd suggest that it's highly unlikely any such legislation would apply. E.g.: suppose there are 2 snack bars within 100 yards of a school; one is out of sight, across an intersection and down a side street, and one is clearly visible across an empty lot. For years the lot has been unfenced and, human nature being what it is, kids just walk across the open lot. The owner of the lot then decides to put up a high fence around it with a combination lock on the gate (now he's raising chinchillas, or peaches; he won't say) so all the kids start going to the other snackbar, except for a few that he trusts with the combination. It seems to me you're suggesting that the snackbar owner who's lost out would have an action for restraint of trade; I can't see it myself. John. [snip] > > Cheers, > Dick Johnson > Penguin : Linux version 2.6.11 on an i686 machine (5537.79 BogoMips). > Notice : All mail here is now cached for review by Dictator Bush. > 98.36% of all statistics are fiction. > - > To unsubscribe from this list: send the line "unsubscribe linux-kernel" in > the body of a message to [EMAIL PROTECTED] > More majordomo info at http://vger.kernel.org/majordomo-info.html > Please read the FAQ at http://www.tux.org/lkml/ > > > > ------------------------------ -- Voice: +61 8 8202 9040 Email: [EMAIL PROTECTED] Oasis Systems Pty Ltd 288 Glen Osmond Road Fullarton, South Australia 5063 Ph: + 61 8 82029000 Fax: +61 8 82029001 CAUTION: This email and any attachments may contain information that is confidential and subject to copyright. If you are not the intended recipient, you must not read, use, disseminate, distribute or copy this email or any attachments. If you have received this email in error, please notify the sender immediately by reply email and erase this email and any attachments. DISCLAIMER: OASIS Systems uses virus-scanning technology but accepts no responsibility for loss or damage arising from the use of the information transmitted by this email including damage from virus. - To unsubscribe from this list: send the line "unsubscribe linux-kernel" in the body of a message to [EMAIL PROTECTED] More majordomo info at http://vger.kernel.org/majordomo-info.html Please read the FAQ at http://www.tux.org/lkml/
