Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: version B 2.10 5/3/83; site utcsrgv.UUCP Path: utzoo!utcsrgv!info-mac From: info-mac@utcsrgv.UUCP (info-mac) Newsgroups: ont.micro.mac Subject: legal matters Message-ID: <4685@utcsrgv.UUCP> Date: Sun, 1-Jul-84 00:39:11 EDT Article-I.D.: utcsrgv.4685 Posted: Sun Jul 1 00:39:11 1984 Date-Received: Sun, 1-Jul-84 03:12:38 EDT Sender: peterr@utcsrgv.UUCP Organization: CSRI, University of Toronto Lines: 43 Date: Sat, 30 Jun 84 10:03:04 PDT From: "Theodore N. Vail" To: info-mac@sumex-aim.arpa Subject: legal matters Recently a note was sent over this list advising readers that a major corporation might consider a program and data which were distributed over this list as licensed, and the note went on to give legal advice concerning the use of this material. It should be noted that in the state of California, where the message originated, as well as in the other 49 states, giving legal advice without being a member of the bar is illegal. In any case, it is doubtful that the advice given was correct -- more than likely the case proposed by the author of the note would be laughed out of court, though the judge might enjoy playing the game involved. As those of us who have to deal with legal matters in a serious fashion have learned, the law is not simple, does not follow the paradigms that computer programmers are accustomed to, and, especially in the case of computer software and trade secrets, is not well-defined nor well-understood. In particular, we have learned (in my own case to my great benefit) that statements made by large corporations (in particular in "contracts" that they write and give to their customers) claiming that they have certain rights, restricting their own liability, and restricting the use or sale of products, etc., are often worthless. Indeed, there are recent (so called "bad faith") cases where corpo- rations have lost multi-million dollar suits in an attempt to enforce these claims when they were contrary to law. I would recommend that any reader who is concerned about his legal rights or liabilities contact his local lawyer. I would also hope that no further "legal" advice will distributed over lists such as this. vail