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From: Rob Landley <landley@trommello.org>
To: tom_gall@mac.com, Larry McVoy <lm@bitmover.com>
Subject: Re: New BK License Problem?
Date: Fri, 4 Oct 2002 20:50:06 -0400
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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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