[d@DCC] The SCO case...

[Russell McOrmond]

On Wed, 21 May 2003, Krishna E. Bera wrote:

> do US lawsuits have any legal value in Canada?

  It entirely depends on what the lawsuit is about.

  In this case we have claims of rights infringement where Canada
recognizes the same rights.  Canadian courts also accept US precedent in
cases where the laws are 'compatible'.  Obvious examples of
non-compatibility would be our Private Copying regime and their extremist
Legal protectionism for monopoly-media ...err... TPM.

  The SCO case, whatever merits it has, applies to Canada as much as it
does other countries.

  Because of the nature of the GPL there would need to be changes to the 
kernel if there were problems in the USA.  The GPL doesn't easily allow 
country-specific exceptions to the use of the software, although given the 
complexities of international laws on intangibles I wouldn't want to be 
quoted on that.

---
 Russell McOrmond, Internet Consultant: <http://www.flora.ca/> 
 Governance software that controls ICT, automates government policy, or
 electronically counts votes, shouldn't be bought any more than 
 politicians should be bought.  -- http://www.flora.ca/russell/

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