Re: New BK License Problem?

From: Rob Landley (landley@trommello.org)
Date: Fri Oct 04 2002 - 19:50:06 EST


On Friday 04 October 2002 05:33 pm, tom_gall@mac.com wrote:

> Yeah I understand what your intent is and I'm not flaming you. I have a
> problem with the wording in that claus. Unfortunately you're not a
> lawyer so your stated intent means little, it's the language in the
> license that has meaning.

Actually, his stated intent means an awful lot, if you can get it in writing.
 Which, thanks to the archived nature of this list, you have. (Remember, the
legal basis for contract law is just informed consent and the recording
thereof. The license itself is merely a formal and carefully worded version
of "what he said".)

A verbal contract may only be worth the paper it's printed on, but it IS
legally binding if you can prove it. And even relatively casual statements,
if recorded, can show up to haunt you in court later on.

Larry said who he wouldn't sue. If he then goes and sues them, these old
emails show in court and undercut his case in a big way. That's not a
guarantee in any judicial system that could let OJ off and give a million
dollars to a woman who spills McDonalds coffee on herself, but it's probably
about as good as you're going to get.

> Regards,
>
> Tom

Rob

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