I am still to see a GNU project that is financed with public money. Unlike a lot of proprietary projects, public financing of free software is from rare to nonexistent.
Nowhere else in the world such deals are allowed and for a very good motive. In truth you are blackmailing the accused into giving up on his constitutional right to defend himself. This system combined with the ridiculous high prison sentences people can get are things designed to be abused.
That is mostly why US has the greatest number of incarcerated people in the world, and by far, and the greatest number of incarcerated people proven innocent afterwards too.
Personally I think that making deals illegal in criminal process would already go a long way to make things more fair. Currently only 3% of the cases go to trial, 97% take deals. From those 97% it is very likely that a considerable part is innocent but were bullied into accepting the deal at the threat of great legal costs and absurd potential penalties.
If deals became illegal prosecutors would have to work to condemn people and would end needing to prioritize serious crimes instead of having all time and resources in the world to persecute the few that do not take the deals.
That is not true. Trademark laws do not apply in this case. Once copyright ended anyone could make new stories of Mickey Mouse or Superman. It is a moot point anyways, because they will never let copyright expire...
Sure, and all trials end with the absolute truth, right? Nobody innocent has ever been found guilty, right? In the face of penalties of 50+ years (which are illegal in most civilized countries in the world) betting on the fairness of the system seems to be a very bad idea.
Even if he was considered not guilty he would still have spent every money he had just defending himself from false accusations. How is that fair and honest? How just is a justice system where any prosecutor can pretty much screw your life of innocent people without consequences for him?
Do you know that you need to prove you cannot afford a defense (any defense at all) to even use one? Did you read what the posters above you wrote about their lack of incentive to do their jobs well?
Lets not forget the damn settlements, which is criminal justice should be just illegal. Only 3% of the criminal cases in US go to trial. The rest of the accused are bullied into settlements with the offer of a few years against the threat of ridiculous sentences of 50+ years for relatively small crimes.
And lets not forget he didn't even distributed those documents. The potential victims did not press charge, arguably he didn't do anything illegal at all, and still was facing a possibility of 50 years in prison.
Consider that may be repercussions is one thing, but considering that he would have to spend everything he had and indebted himself to bankruptcy just to defend himself and still face a possibility of 50 years in prison for just downloading articles, access to which he legally had, and which he didn't even distribute is a bit too much don't you think?
It would be nice if anyone RTFA before posting. The project is explicitly registered as a public domain project under Apache license. The only thing that is registered in the name of VMWare is the trademark, the name Vert.x, and that is all this, and the domains associated to it are everything they were able to claim, which you would know had you read the article.
Actually they already decided to go and give the administrative control of the groups back to Tim Fox, but even after VMWare was forced to withdraw after stupidly trying to force their hand, it is not sure that the community will let them get away with it. The talk about forking is not over yet.
You fail to understand the situation. The contracts you mention gives right to the employer over anything that would otherwise be property of the employee while under its service. It can't possibly give to the employer property over something that is not owned by the employer, period. The employee having contributed with his time to a project does not give in anyway ownership of the project either to him or to his employer.
It is incredible how dense you can be. If you decide to build a house for me in my property, while employed in your current house building company the house is still mine in the end, unless I sign a contract with you or with your employer saying otherwise. He was never the owner of the project, never held the rights over the project, and so neither the company.
Sorry, but that is just false. Depending on the contract they have with the employee, they can claim ownership over anything he has ownership over. They can't claim ownership over something just because he sued his time on it. If I decide to wash your garden everyday for free, even with your consent or at your request, that does not give me claim over your house.
It is incredible how people like to talk about what they have absolutely no clue about. It is absurd to think that because my employee worked for someone else, I own this person's business of even part of it. Unless the person explicitly signed a contract giving me ownership in exchange of this work.
VMWare has no legal hold over the project. The project was founded as open source. They can even sue their employee for the time he used in a project whilst under their employment depending on the nature of their contract, but they hold absolutely no ownership or copyright on the project.
His employer can't have the ownership of the project because he never had any ownership over it. The project is licensed under Apache. They could only forcibly take the governance, but then again the project can be forked at will, and VMWare will end with just a name if they force the issue. There is nothing VMWare can do about it other than concede or hostilize the community and force a Branch. Either way VMWare loses.
Actually stating that America is not a continent, as if the only continent model that exists is yours is what can be classified as ignorance. America is a continent in the continent model used by both the UN and the Olympic Committee.
No, my friend. You are the one who is unable to grasp the concept of existence and the necessity of a subject in the act of being anything. If someone ends his existence, the person in question simply won't be anymore, and it is silly to argue about the freedom or lack thereof of something that doesn't exist anymore.
What you are saying makes no sense and make even less sense as you keep going about it. Give up, admit you are wrong and learn from that.
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He can also have a very promising career as federal prosecutor.
I am still to see a GNU project that is financed with public money. Unlike a lot of proprietary projects, public financing of free software is from rare to nonexistent.
Maybe so, and even that is a stretch, but any slightly modified image should serve to replace it, if that were the case.
Nowhere else in the world such deals are allowed and for a very good motive. In truth you are blackmailing the accused into giving up on his constitutional right to defend himself. This system combined with the ridiculous high prison sentences people can get are things designed to be abused.
That is mostly why US has the greatest number of incarcerated people in the world, and by far, and the greatest number of incarcerated people proven innocent afterwards too.
Personally I think that making deals illegal in criminal process would already go a long way to make things more fair. Currently only 3% of the cases go to trial, 97% take deals. From those 97% it is very likely that a considerable part is innocent but were bullied into accepting the deal at the threat of great legal costs and absurd potential penalties.
If deals became illegal prosecutors would have to work to condemn people and would end needing to prioritize serious crimes instead of having all time and resources in the world to persecute the few that do not take the deals.
That is not true. Trademark laws do not apply in this case. Once copyright ended anyone could make new stories of Mickey Mouse or Superman. It is a moot point anyways, because they will never let copyright expire...
Sure, and all trials end with the absolute truth, right? Nobody innocent has ever been found guilty, right? In the face of penalties of 50+ years (which are illegal in most civilized countries in the world) betting on the fairness of the system seems to be a very bad idea.
Even if he was considered not guilty he would still have spent every money he had just defending himself from false accusations. How is that fair and honest? How just is a justice system where any prosecutor can pretty much screw your life of innocent people without consequences for him?
And I wouldn't blame anyone who decided to do what you suggest.
Do you know that you need to prove you cannot afford a defense (any defense at all) to even use one? Did you read what the posters above you wrote about their lack of incentive to do their jobs well?
Lets not forget the damn settlements, which is criminal justice should be just illegal. Only 3% of the criminal cases in US go to trial. The rest of the accused are bullied into settlements with the offer of a few years against the threat of ridiculous sentences of 50+ years for relatively small crimes.
And lets not forget he didn't even distributed those documents. The potential victims did not press charge, arguably he didn't do anything illegal at all, and still was facing a possibility of 50 years in prison.
Consider that may be repercussions is one thing, but considering that he would have to spend everything he had and indebted himself to bankruptcy just to defend himself and still face a possibility of 50 years in prison for just downloading articles, access to which he legally had, and which he didn't even distribute is a bit too much don't you think?
RTFA.
It would be nice if anyone RTFA before posting. The project is explicitly registered as a public domain project under Apache license. The only thing that is registered in the name of VMWare is the trademark, the name Vert.x, and that is all this, and the domains associated to it are everything they were able to claim, which you would know had you read the article.
Actually they already decided to go and give the administrative control of the groups back to Tim Fox, but even after VMWare was forced to withdraw after stupidly trying to force their hand, it is not sure that the community will let them get away with it. The talk about forking is not over yet.
You fail to understand the situation. The contracts you mention gives right to the employer over anything that would otherwise be property of the employee while under its service. It can't possibly give to the employer property over something that is not owned by the employer, period. The employee having contributed with his time to a project does not give in anyway ownership of the project either to him or to his employer.
It is incredible how dense you can be. If you decide to build a house for me in my property, while employed in your current house building company the house is still mine in the end, unless I sign a contract with you or with your employer saying otherwise. He was never the owner of the project, never held the rights over the project, and so neither the company.
Sorry, but that is just false. Depending on the contract they have with the employee, they can claim ownership over anything he has ownership over. They can't claim ownership over something just because he sued his time on it. If I decide to wash your garden everyday for free, even with your consent or at your request, that does not give me claim over your house.
It is incredible how people like to talk about what they have absolutely no clue about. It is absurd to think that because my employee worked for someone else, I own this person's business of even part of it. Unless the person explicitly signed a contract giving me ownership in exchange of this work.
VMWare has no legal hold over the project. The project was founded as open source. They can even sue their employee for the time he used in a project whilst under their employment depending on the nature of their contract, but they hold absolutely no ownership or copyright on the project.
His employer can't have the ownership of the project because he never had any ownership over it. The project is licensed under Apache. They could only forcibly take the governance, but then again the project can be forked at will, and VMWare will end with just a name if they force the issue. There is nothing VMWare can do about it other than concede or hostilize the community and force a Branch. Either way VMWare loses.
Either way, if VMWare press the issue they will simply fork and go away, and VMWare will end as the leader of a deceased project.
Apparently you are under the false impression that there are different parties.
Actually stating that America is not a continent, as if the only continent model that exists is yours is what can be classified as ignorance. America is a continent in the continent model used by both the UN and the Olympic Committee.
No, my friend. You are the one who is unable to grasp the concept of existence and the necessity of a subject in the act of being anything. If someone ends his existence, the person in question simply won't be anymore, and it is silly to argue about the freedom or lack thereof of something that doesn't exist anymore.
What you are saying makes no sense and make even less sense as you keep going about it. Give up, admit you are wrong and learn from that.
Sure it is. Unless you are a silly US citizen that (un)learned distorted Geography is US.
There isn't a 'he' to be free or not anymore. That is the point.