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Date: Mon, 8 Apr 2013 23:42:06 -0700
Subject: Re: im.py: a python communications tool
From: Demian Brecht <demianbrecht@gmail.com>
To: Mark Janssen <dreamingforward@gmail.com>
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We're /definitely/ on topic for this list.

Just saying.

On Mon, Apr 8, 2013 at 11:20 PM, Mark Janssen <dreamingforward@gmail.com> wrote:
>> I'm not a lawyer, and I suspect you're not either.  If a burglar climbs up
>> my trellis to try to attain a second floor window, and comes crashing to the
>> ground, he may very well successfully sue me for not having a warning sign.
>
> No, I understand these cases are common lore, but it's this bullshit
> which is ruining everything that was balanced by the Constitution.  By
> propagating such ideas, it continues the idea that we're all victims
> to our own system of law, but we are the tacit *creators* of it by our
> own negligence, and frankly, pessimism.
>
> This is a system of, by and for the People -- those are the words of
> the Constitution of the United States which is the highest law of the
> land.  People need to fight this "enabler" creep, that allows it to
> continually be co-opted by fear-story, like the one that was being
> propagated earlier.  We're not victims here.  The story of a burglar
> suing a homeowner is either urban myth and a hoax, or a gross default
> somewhere in the judicial system.  It should not be considered case
> history or "de facto" law and left at that.
>
>>>   If a hospital takes your open source code and someone
>>> dies, the hospital must be
>>
>> No, *should* *be*
>>
>>> held responsible, because the open source
>>> developer is not posing as an expert of anything, nor has she made it
>>> for some explicit purpose for you like in a commercial agreement.
>
> (re: must vs. should) Legally, you are right, but I was speaking from
> the point of view of a judge, rather than a lawyer.  Like the sheriff
> says:  "I make the law around here!"  lol.
>
> Mark
> --
> http://mail.python.org/mailman/listinfo/python-list



-- 
Demian Brecht
http://demianbrecht.github.com