7 Aug
2009
7 Aug
'09
12:28 p.m.
Fons Adriaensen wrote:
On Fri, Aug 07, 2009 at 09:14:23AM -0400, Raymond
Martin wrote:
The cases you mention such as border crossings are
all related to security and not to civil justice.
There are other special cases, if you drive drunk and
kill someone the car you used will be seized as well,
even if it's not your property. But even this requires
a court order, which can be retroactive.
Regardless of all this: a private person or group
can't ever do this. Only law enforcement or the
justice system can, and in the case of the first
it is temporary (for securtiy or investigation),
and if not it needs confirmation by a court.
Ciao,
IANAL, you might be right with he words of the GPL Raymond, e.g. in
Germany the courts needed to interpret the GPL to fit it to the German
law, they were willing it to do and they did. The GPL is capable in
Germany, but not word by word. The western civilization's courts say
that you are wrong, he GPL might say that you are right. Outlaws, so
called terrorists in history often were right, but wrong by the law, but
I guess that the western civilisation's courts are more on the side of
FLOSS than on the proprietary side today. When someone came and argued
that gratis software under the GPL is a forbidden
price-fixing-agreement, forbidden monopoly and what ever they tried to
blame FLOSS, the courts always were on the side of FLOSS.
On Friday 07 August 2009 08:56:30 Fons Adriaensen
wrote:
Which
makes perfect sense. In a civilised society even
a convicted thief retains all the rights to his legally
acquired property. If any of it has to be seized, for
example to compensate his victims, that action can be
taken only by a court. Not by his victims or some self-
appointed vigilante.
Wow, do you live in some sort of utopia?
Law enforcement in numbers of countries routinely seize peoples property when
they are involved in or allegedly involved in crimes when there are no real
victims involved. People's cars and other belonging are routinely seized at
border crossings if someone is attempting to enter a country illegally. They
never get their things back. No courts involved. So much for legal property
rights.