Re: unisys and licensing

In the US, "reasonable doubt" applies to CRIMINAL cases.  In civil cases
(which is what patent/copyright infringement is), the test is
"preponderance of the evidence." 

In other words, it's somewhat the reverse of criminal law. I'm not
disagreeing with the rest of your post, but this is an important
distinction for anyone running a business ro know.

See for example:
http://aj.encyclopedia.com/articles/04306.html
http://www.auburn.edu./~suttoda/propev.htm

Just as importantly, many small businesses have been astonished to find
judges issuing injunctions which prevented them from using the items in
dispute until the case was settled--even when they substantially impacted
daily operations.

American television and fiction tends to dramatize criminal cases, which
leads many small business owners to think they understand how the law
works--only to discover that it's very different when it's day to day civil
matters. I took a short course on business law offered by a local Chamber
of Commerce and was quite amazed the differences between civil law and what
I thought I knew.

Regards,
Duif



At 07:45 AM 9/6/99 -0400, The Web Center wrote:
>Let's simplify.
>
>First, I do not stand in the way of anyone legally collecting their just due
>for their work.  If these people have created something, then they should be
>able to capitalize on it.  If the users don't like the price, don't use the
>product.
>
>That having been said, I own a licensed copy of Macromedia Fireworks that I
>use extensively, as well other popular graphics programs.  If I get a note
>in the mails saying something like "we think you are using unlicensed GIFs",
>my return note will say "I made them all in Fireworks".
>
>Case closed.
>
>As a defendant, I need only (in the US) establish reasonable doubt...not
>retrace my every step since opening by business doors.  In the case below,
>which is the most tangled issue of the entire mess, I can see problems with
>verifying the history of the entire mess.  I can't see liability, though,
>because the only proof legally required right now (that I am aware of) is
>the owner's or previous webmaster's statement that they made them all with a
>licensed application.
>
>There is no way I know of to prove the origin of a GIF built into the file's
>code.  Therefore, there is no reasonable way to prove non-compliance.
>Therefore, there is going to be one unhappy judge who has to preside over a
>trial in which a 100k/year freelancer has to play 20 questions that will
>obviously end up going nowhere.
>
>So, I don't worry.  I paid good money for my software, and I am in
>compliance to the best of my knowledge.  Beyond that, if this company wants
>to avoid a counter-suite (this *is* the US, after all...), then they will
>think twice about taking me or any other small business to court.
>
>How could they prove it?
>
>D
>
>----- Original Message ----- >
>> It was last revised on July 1999.
>>
>> Hmm, makes me wonder. If we inherit a large site to maintain with lot's
>> GIF's, are we liable for those GIF's?
>>
>> [[[[shudder]]]]
>> --
>>
>>
>> Jim Tom Polk -:- jtpolk(at)texas.net -:- http://camalott.com/~jtpolk/
>
>
>
>
jaderiver(at)jaderiver.com                    770-989-7407
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