From: Neon John <jgd_at_johngsbbq.com>
Date: Fri, 10 Mar 2006 00:49:32 -0500

On Thu, 09 Mar 2006 21:21:10 -0500, bk <mutualaid_at_gmail.com> wrote:

>On Fri, 2006-03-10 at 00:03 +0000, gl wrote:
>> Bjorn, what about the point that Rockbox is most likely 'real software,
>> written by real people with many fake names'? If you cannot enforce the
>> accuracy of a given name, then why try?
>
>It's a form of social trust (or "due diligence", if you like legal
>terms).

Wrong. Due diligence is a term of art that means doing everything a
"reasonable man", another term of art, would have done to have avoided
the problem. In this case, due diligence would mean that someone from
the team would have done everything a reasonable man would have done
to validate the name AND verify that no infringing code entered the
project. Since due diligence is defined as whatever a judge wants it
to be, most people who actually DO due diligence in the real world go
overboard. If someone can reasonably ask "why didn't you do this?"
then "this" usually gets done as part of due diligence.

The current policy is exactly the opposite of due diligence. Now it's
"Oh Hi, I'm Freddie Infringer. Here's some kewl new features for
RockBox". "Oh hey, thanks, Freddie. We like it and will include it."
As long as the email goes through the name is accepted as legit with
no investigation at all.

>Let's try another one: "If you can't guarantee that all contributed code
>is 100% patent-free and not plagiarized, why bother trying?" At some
>point you have to trust that contributors will not do things they
>shouldn't.

Well, it's for sure that any version of RockBox that uses a software
CODEC is infringing the MP3 patent but that's another thread. No one
can guarantee anything like that which is why the reasonable man
concept exists in law.

But I repeat, this is all an irrelevant tempest in a teapot since the
ONLY thing the maintainers will ever have to do in the even there is
infringement is remove the infringing code. Period.

I don't expect them to change their positions because now pride is
involved. What I do hope happens is that future contributors want to
remain anonymous will simply use fake names and be done with it.

John

---
John De Armond
See my website for my current email address
http://www.johngsbbq.com
Cleveland, Occupied TN
A foolish consistency is the hobgoblin of little minds.-Ralph Waldo Emerson

Received on 2006-03-10