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	<title>Comments on: BeOS for sale</title>
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		<title>By: Stephen B.</title>
		<link>http://www.beosnews.com/2007/12/13/beos-for-sale/comment-page-1/#comment-742</link>
		<dc:creator>Stephen B.</dc:creator>
		<pubDate>Mon, 17 Dec 2007 21:45:31 +0000</pubDate>
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		<description>&lt;blockquote&gt;&lt;i&gt;No ending beeing the target of legal actions doesn’t makes a wrong action any better.&lt;/i&gt;&lt;/blockquote&gt;

Not that I&#039;m advocating breaking the law, but I&#039;m certainly sympathetic to the position that Dane has been put in WRT TuneTracker. With the exception of the handful of places that still offer copies of R5 Pro, there&#039;s not any entirely legal way to run TuneTracker: ZETA is questionable for obvious reasons, Haiku isn&#039;t complete/stable enough at this point, and the PE license prohibits use for commercial purposes (which would rule out most installations of TuneTracker, I imagine).

Also, I&#039;m not sure if it applies to IP law, but in criminal law there&#039;s a concept known as &quot;de minimis&quot; - basically, the idea is that some crimes, while still technically illegal, are so trivial as to not be worth the effort to punish. At this point, I think there is every indication that Access simply doesn&#039;t care.</description>
		<content:encoded><![CDATA[<blockquote><p><i>No ending beeing the target of legal actions doesn’t makes a wrong action any better.</i></p></blockquote>
<p>Not that I&#8217;m advocating breaking the law, but I&#8217;m certainly sympathetic to the position that Dane has been put in WRT TuneTracker. With the exception of the handful of places that still offer copies of R5 Pro, there&#8217;s not any entirely legal way to run TuneTracker: ZETA is questionable for obvious reasons, Haiku isn&#8217;t complete/stable enough at this point, and the PE license prohibits use for commercial purposes (which would rule out most installations of TuneTracker, I imagine).</p>
<p>Also, I&#8217;m not sure if it applies to IP law, but in criminal law there&#8217;s a concept known as &#8220;de minimis&#8221; &#8211; basically, the idea is that some crimes, while still technically illegal, are so trivial as to not be worth the effort to punish. At this point, I think there is every indication that Access simply doesn&#8217;t care.</p>
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		<title>By: BiPolar</title>
		<link>http://www.beosnews.com/2007/12/13/beos-for-sale/comment-page-1/#comment-726</link>
		<dc:creator>BiPolar</dc:creator>
		<pubDate>Fri, 14 Dec 2007 13:51:55 +0000</pubDate>
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		<description>No ending beeing the target of legal actions doesn&#039;t makes a wrong action any better.

Don&#039;t do what you&#039;re not entitled to do.

I believe this sends the wrong message to people, specially to &quot;outsiders&quot;.</description>
		<content:encoded><![CDATA[<p>No ending beeing the target of legal actions doesn&#8217;t makes a wrong action any better.</p>
<p>Don&#8217;t do what you&#8217;re not entitled to do.</p>
<p>I believe this sends the wrong message to people, specially to &#8220;outsiders&#8221;.</p>
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		<title>By: Stephen B.</title>
		<link>http://www.beosnews.com/2007/12/13/beos-for-sale/comment-page-1/#comment-722</link>
		<dc:creator>Stephen B.</dc:creator>
		<pubDate>Fri, 14 Dec 2007 01:05:12 +0000</pubDate>
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		<description>&lt;blockquote&gt;&lt;em&gt;There’s already discussions going on at the Haiku mailing lists whether or not this is legal.&lt;/em&gt;&lt;/blockquote&gt;

I would guess &quot;probably not&quot; - but the more relevant detail (IMHO at least) is whether or not there is any likelihood of Access doing anything about it. I would guess that &quot;probably not&quot; is the answer to that question as well, at least based on the semi-official stance Access has taken regarding BeOSMax.

And these days, after Palm/Access has had ownership of the Be IP for the better part of a decade (and have made absolutely no use of it in released products), I suspect we&#039;ve long passed the point at which taking legal action regarding BeOS IP would cost more than it would be worth.</description>
		<content:encoded><![CDATA[<blockquote><p><em>There’s already discussions going on at the Haiku mailing lists whether or not this is legal.</em></p></blockquote>
<p>I would guess &#8220;probably not&#8221; &#8211; but the more relevant detail (IMHO at least) is whether or not there is any likelihood of Access doing anything about it. I would guess that &#8220;probably not&#8221; is the answer to that question as well, at least based on the semi-official stance Access has taken regarding BeOSMax.</p>
<p>And these days, after Palm/Access has had ownership of the Be IP for the better part of a decade (and have made absolutely no use of it in released products), I suspect we&#8217;ve long passed the point at which taking legal action regarding BeOS IP would cost more than it would be worth.</p>
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