Re: Binary Drivers

From: Horst H. von Brand
Date: Tue Dec 26 2006 - 18:38:28 EST

David Schwartz <davids@xxxxxxxxxxxxx> wrote:

> The point is that any rights the manufacturer may have had to the car should
> have been sold along with the car, otherwise it's not a normal free and
> clear sale. A normal free and clear sale includes all rights to the item
> sold, except those specific laws allows the manufacturer to retain.

This is complete nonsense. The car manufacturer can very well agree with
you to sell you the right to only drive the car on weekdays, and rent it
off on weekends. Nothing forces them to sell "all rights they have on the


> I simply do not accept the argument that it is lawful for a manufacturer to
> sell a physical object in a normal free and clear sale and then refuse to
> disclose the knowledge necessary to use it.

Ask a lawyer about this, don't impose your wacky legal theories on us.

> (And by that I mean necessary to
> use it any reasonable way, not just the way the manufacturer intended it to
> be used.)

Define "reasonable way". The manufacturer could very well define it as "use
the XYZ graphics card on Windows XP service pack 2", as it was designed
specifically for that environment. Everything else (use on Linux, for
example) is then "unreasonable use", and need not be supported at all.

> This same issue has been pressed in other areas


> and I think it's time it be
> pressed with graphics cards.
Dr. Horst H. von Brand User #22616
Departamento de Informatica Fono: +56 32 2654431
Universidad Tecnica Federico Santa Maria +56 32 2654239
Casilla 110-V, Valparaiso, Chile Fax: +56 32 2797513
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