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- From: h198@hosp.med.umich.edu (Gene Mangum)
- Newsgroups: comp.os.os2.programmer
- Subject: Re: Why you should get everything in writing (long)
- Date: Fri, 08 Jan 1993 14:44 EDT
- Organization: Univ of Michigan Hospitals
- Lines: 33
- Distribution: world
- Message-ID: <19930108144414.h198@hosp.med.umich.edu>
- References: <1993Jan8.160909.16042@sjsumcs.sjsu.edu> <1ii7alINNon4@controversy.math.lsa.umich.edu> <1993Jan7.220154.446@fcom.cc.utah.edu> <1993Jan8.002640.5554@gandalf.UMCS.Maine.EDU> <1993Jan8.031151.9438@cs.brown.edu>
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- In Article <1993Jan8.160909.16042@sjsumcs.sjsu.edu> "rick@sjsumcs.sjsu.edu (Richard Warner)" says:
- > wcn@cs.brown.edu (Wen-Chun Ni) writes:
- > >In article <1993Jan8.002640.5554@gandalf.UMCS.Maine.EDU> jurlwin@gandalf.UMCS.Maine.EDU (Jeff Urlwin) writes:
- > > <stuffs from Robert and Brian deleted>
-
- [Stuff Deleted]
-
- > In this case he was more than a developer, he was an independent
- > businessperson. One of the first things taught in business schools is
- > that everything should be put in writing. This was HIS failure, not
- > IBM's. Without a written agreement, he has no leg to stand on.
-
- I think with the loss of $100K and an OS/2 developer, there's plenty
- of blame to go around. On Bob's part, that's a huge risk. Before
- I gave up my day job (hey, it ain't much, but it pays the bills :-)
- I think I would have hired a lawyer to form a contract. But, unless
- IBM is restricted by M$ on providing the driver, they should come
- across with the code. And if they are restricted by an M$ copyright,
- they should say so.
-
- From what little I remember from my Business law class, if there are
- other "uninterested" parties who can corroborate the existence of the
- verbal contract, Bob may have a good chance in court. If not, and IBM
- denies the existence of a contract, Bob's lost. If an employee of IBM,
- acting on IBM's behalf, commits to providing something, I *believe*
- that they could be required to provide it (he acted as an agent of IBM).
-
- At any rate, IBM should provide the code to Bob in order to avoid the
- ill will which will result from this, and to help make a nice new
- function available to users.
-
- Gene Mangum
- Univ of Michigan Hospitals
-