Re: Who Owns the code

From: David Farrell-Garcia (davidf_at_orcasoftware.com)
Date: 11/08/04 

Date: 8 Nov 2004 07:40:12 -0700

Herbert Sitz wrote:
> I am a lawyer, and I'm sorry but the statement that there is no such
> thing as an "implied contract" is just plain false. See, e.g.,

I figured a lawyer would chime in. My use of the term "implied" was
legally incorrect in this context. I was speaking in layman s terms,
to a layman and clearly indicated that I was not an attorney. While I
can appreciate your legal expertise, you should have been able to
determine that I said exactly the same thing when I indicated that the
fact that the client had possession of the source code might imply a
claim of ownership (i.e, "implied contract", in your legal jargon).
Rather then pick at my post line by line, read it as it was intended:
As a layman's report to a layman, from someone who has been in a
similar situation in the courtroom, not in an academic exercise.

> The above statement is very misleading in this context and, I'm
> sorry, but it just goes again to show why people shouldn't trust any
> legal advice you get on the Internet.

If so, then I apologize to the audience, however, from experience I can
report that you cannot always trust legal advise from attorneys, via
internet or not. :-)

> Yes, consideration is
> technically required to create a valid contract. But all that means
> is that one of the parties has to have promised to give valid
> consideration.

Quoting from your own resource:
"There must be consideration given by all the parties".
I think that it is clear that I was saying that.

> To the original poster I would again reiterate my advice: consult a
> lawyer if this issue is of any importance to you.

You are either "implying" that I said otherwise, or did not read my
last line where I said it is "time to get Lawyered up". 

-- 
David Farrell-Garcia
Whidbey Island Software LLC
Posted with XanaNews 1.16.4.6

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