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From: curtis@cs.berkeley.edu (Curtis Yarvin)
Newsgroups: comp.sys.ibm.pc.hardware,comp.unix.bsd,comp.org.eff.talk,misc.legal
Subject: Re: Question on Diamond Clock Synthesizer
Date: 13 Oct 1992 22:05:51 GMT
Organization: CS Dept. Snakepit - Do Not Feed.
Lines: 24
Distribution: inet
Message-ID: <1bfh7vINNjte@agate.berkeley.edu>
References: <1992Oct12.044838.15514@fcom.cc.utah.edu> <1bf4heINNh62@agate.berkeley.edu> <1992Oct13.194725.21766@fcom.cc.utah.edu>
NNTP-Posting-Host: viper.cs.berkeley.edu

In article <1992Oct13.194725.21766@fcom.cc.utah.edu> terry@cs.weber.edu (A Wizard of Earth C) writes:
|In article <1bf4heINNh62@agate.berkeley.edu> curtis@cs.berkeley.edu (Curtis Yarvin) writes:
|>In article <1992Oct12.044838.15514@fcom.cc.utah.edu> terry@icarus.weber.edu writes:
|>>
|>>	Sorry, reverse engineering may not be illegal, bit it can still be
|>>litigated (and won) by the "damaged" party
|>
|>Oh.  Right.  Now I remember.  This is Amerika - where the two are not
|>synonymous.
|
|The problem appears to be a misconception that there is a "guilty" party in
|civil law in the US, just as there is in criminal law.  This isn't the case.
|
|Criminal law requires proof "beyond a reasonable doubt"; civil law requires
|on "a preponderance of evidence".  Civil law is much closer to the classical
|concept of "the scales of justice" than criminal law.

Right; however, one would presumably prefer that both contained a clear
definition of wrongdoing, and the penalties such could incur.

At least, I would.  I assume there are some people who profit from the
converse, and would like it to continue as such.

c