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Article #3377Re: Why you should get everything in writing (long)
From: Gene Mangum
Date: Fri, 08 Jan 1993 18:44
Date: Fri, 08 Jan 1993 18:44
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2463 bytes
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
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Path: arc1-ca.pugleaf.net!sparky!uunet!zaphod.mps.ohio-state.edu!darwin.sura.net!gatech!destroyer!news.itd.umich.edu!hosp.med.umich.edu 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> NNTP-Posting-Host: condor.hosp.med.umich.edu X-Newsreader: FTPNuz (DOS) v1.0