Re: On licensing discussions

"Jeffrey R. Broido" <[email protected]>
Newsgroups gmane.comp.emulators.hercules390.advocacy
Message-ID <[email protected]>
Mike,

Well, I guess this comes down to two venerable principles of 
jurisprudence, neither of which applies, mind you, outside of our 
legal systems:

        1) The principle of free speech and
        2) The principle of presumption of innocence.

My claim is that these two principles, voluntarily adhered to in 
these semi-private forums, can happily co-exist.  For when someone 
is asked about his or her license status, there is no presumption of 
guilt; it is not an accusation if simply asked.  And I submit again 
that there are good reasons to ask.  For one thing, the person 
asking the question might, indeed, have an answer but might be 
unwilling to aid and abet someone using software in violation of 
their license terms, if any.  For another, simply asking, I 
maintain, adds weight to the argument that Hercules-390 does not 
exist for the purpose of abetting piracy.

In any case, adherence to principle 2), for me and quite a number of 
others, apparently, is overshadowed by our repugnace over the issue 
of censorship.  And while I believe that certain rules of common 
decency should be adhered to when posting, I do not believe that we 
should be told what we can and cannot say in these semi-public, semi-
private forums.

But, as I say, Hercules-390 is not a court of law and I will 
respectfully abide by Jay's ruling even if I don't care for it any 
more than I cared for Phil Payne's banning, this despite the fact 
that Payne and I had locked horns with gusto on many an occasion 
here, in Hercules-390 and IBM-MAIN.  I certainly don't miss what I 
think of as Phil Payne's FUD-spreading in Hercules-390, his tone nor 
his apparent motives.  I do miss his presence, again due to 
principle 1).

Regards,
Bomber


--- In hercules-advocacy Mike wrote:

> I'm well aware of that... [the difference between Phil Payne 
> and Volker Bandke].  I *did* put a ;-) on the end of message 
> because it was in jest. It was Volkers 'In other words - people 
> breaking licence agreements may freely post this, while I may not 
> respond' line that I found faintly reminiscent of the umissed
> Payne.


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