[Foundation-l] 09-f9-...

Ray Saintonge saintonge at telus.net
Thu May 10 10:13:53 UTC 2007

Jesse Martin (Pathoschild) wrote:

>What does it matter whether or not we're likely to be sued? if it is
>illegal, it's not free content; users can't reuse it under the GFDL
>without violating the law. Get the law changed if you think it absurd,
>then we can distribute the key all we want.
The law is not simply reading a bit of statute and believing that it is 
all black and white.  It may seem clear in your interpretation of the 
law, but to someone else the opposite is equally clear.  Getting sued is 
not just about being wrong and being penalized for it; it is just as 
much about establishing what the law means.  One's policies about 
exactly what is accepted as legal are just as much policies about risk 
management.  The more self-righteous one's comments are about doing the 
"right thing", the more likely it is that one's interpretation of the 
law is damaging to one's own interests.  Risk management attempts to 
balance the costs of protecting oneself against the costs of failure and 
the probability of that failure.  It's a kind of poker game.


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