Re: Can't use SYSFS for "Proprietry" driver modules !!!.

[John Pearson <jpearson@oasissystems.com.au>]

On Tue, Mar 29, 2005 at 07:15:01AM -0500, linux-os wrote
[snip]
> 
> In the United States there is something called "restraint of trade".
> Suppose there was a long-time facility or API that got replaced
> with one that was highly restrictive. To use the new facility, one
> would have to buy a license or kiss somebody or something that
> was not previously required. If an action was brought against the
> person(s) who replaced the old facility with the new one, it
> is likely that the plaintiff would prevail.
> 
[snip]

The key phrase here is 'restraint of /trade/'.  
Noone has been selling these drivers, and nonone's been dealing in
the right to use or write them. Without being a lawyer (US or otherwise),
I'd suggest that it's highly unlikely any such legislation would apply.

E.g.: suppose there are 2 snack bars within 100 yards of a school; one 
is out of sight, across an intersection and down a side street, and one
is clearly visible across an empty lot.  For years the lot has been
unfenced and, human nature being what it is, kids just walk across the
open lot.  The owner of the lot then decides to put up a high fence
around it with a combination lock on the gate (now he's raising chinchillas,
or peaches; he won't say) so all the kids start going to the other snackbar,
except for a few that he trusts with the combination.  It seems to me
you're suggesting that the snackbar owner who's lost out would have
an action for restraint of trade; I can't see it myself.


John.


[snip]
> 
> Cheers,
> Dick Johnson
> Penguin : Linux version 2.6.11 on an i686 machine (5537.79 BogoMips).
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