So this is why we need lawyers

Ok, I work in the Information Technology business. My blog isn’t about that as I think there are a lot better technical bloggers out there. But when I come across something that I think teaches me something about life in general I have to write about it.

For instance, there are these two IT companies engaged in a court battle. This happens to be about the transaction of selling an operating system from Novel to SCO. You would think that the transfer of an asset like this would be straight forward. Well… you would be wrong in thinking that. Novell claims they only sold a license to SCO to use UNIX, but not the intellectual property rights that go along with that sale. From reading the oh exciting trade rags on the subject the court case comes down to “Amendment 2” in which…

So it was that the key paragraph in the Amendment reads: “All copyrights and trademarks, except for the copyrights and trademarks owned by Novell as of the date of the Agreement required for SCO to exercise its rights with respect to the acquisition of UNIX and UnixWare technologies.”

Novell’s senior VP and general counsel, Joseph A. LaSala Jr. argues today that SCO only got the “copyrights … required for [Santa Cruz Operation] to exercise its rights with respect to the acquisition of UNIX and UnixWare technologies.” And, since SCO didn’t ask for any specific required copyrights, it never got them.

Good gracious! Now you know why we have lawyers. They create contracts that are vague in the first place so that ten years down the road another set of lawyers are needed to litigate the meaning of the first contract.

This sounds like what’s going on with our elected representatives. Most of them are lawyers, who in turn write laws that are vague, which in turn needs judges (lawyers) to interpret the meaning of the law that was written by a lawyer.

It is a vicious circle. Vicious that is unless you are a lawyer. Do you have your secret lawyer society membership?

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Filed under All Posts, Business, Law and Order

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