[News] Serious allegations about H&P | ANN.lu |
Posted on 08-Nov-2001 14:17 GMT by Christian Kemp | 164 comments View flat View list |
Amigo follows up on serious allegations about H&P and says: "I also just asked Unisys as it says here, and am waiting for a reply. If true, H&P could probably be forced to close."
[ If H&P indeed didn't pay royalties for Unisys' GIF algorithm, they might not be forced to close per se, but if this is indeed true, and Unisys decides to sue, they might have to pay some serious fines. Also note that while this is not in unmoderated, it's highly speculative, unconfirmed and generally should be taken with the usual grain of salt - CK ]
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Serious allegations about H&P : Comment 84 of 164 | ANN.lu |
Posted by Johan Rönnblom on 09-Nov-2001 16:35 GMT | I think it's clear that Wiles' did NOT have the rights to sell an
unlimited license to H&P.
I have no information that suggests he tried to. All information
suggests that H&P didn't bother to check that they could sell AmiTCP
along with Genesis and when they found out they didn't care.
Now, the only possibility if H&P want to get away is that they acted
in "Good faith". However, this is quite hard to do in a case like
this. I know it is here in Sweden, but I'm quite sure it is in
Germany, Britain and other countries as well.
Why? Well consider I want to rip-off H&P. I decide that I want to sell
OS3.9 cheaply, just duplicating it and not paying any license to H&P.
And of course, I want to do it without being stopped by the police.
How do I do? Well, first I find an accomplice. Then my accomplice
finds some drug-addict or somesuch. This person gets dressed up and
approaches me offering to sell me the rights to OS3.9. We agree on a
(low) price and I pay.
Later, it is found out that the seller didn't have the rights to
sell 3.9 to me. So now H&P can sue him. But they won't, since he
already spent the money anyway and they won't get any. And if they do,
he won't care since he's probably already indebted. And if they get
him in jail for fraud, too bad, guess my accomplice didn't tell him
all the risks involved..
And since I acted in "Good faith", I can continue to sell 3.9 unless
someone manages to prove I set the whole thing up.
With large values involved, and something that is notoriously easy to
sell without having the actual rights to do that, such as software,
the only way to get around this is to force buyers to make a thorough
check that the seller actually has the right to what's being sold.
Thus, I highly doubt H&P could get away with this even legally.
And I'm moderately impressed by mr Hermans irrelevant latin law terms.. |
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