Comments on: Is your web site owned by “some guy in Romania”?

By: Jeffrey A. Cohen

Jeffrey A. Cohen — Thu, 27 Sep 2007 18:08:16 +0000

Even “suits” will tell you that legal documents only go so far. Ultimately, whether it is suppliers, vendors, or service providers (or lawyers or accountants) the reputation of who you choose to deal with is still key to your business. I think what Gary is trying to say is that people can breach even the best written agreements so you still have to make sure that you are not betting solely upon their holding up their end of the bargain, particularly if you choose to deal with someone that is outside the US – and I agree. However, that doesn’t mean that you don’t have to have your legal house in order at the same time. Gary’s other point is one of Jurisdiction in legal disputes which I will cover in a future entry however suffice it to say for the time being that he is correct that if you don’t know who you are dealing with or where they are actually located, enforceability can be nearly impossible. An appropriate due diligence process should be conducted for any agreement or relationship of any significance.

By: Gary McGlinn

Gary McGlinn — Thu, 27 Sep 2007 04:16:39 +0000

Hi,

So its obvious that you’ve never done any software development. Otherwise you would know that the whole original vs. ??? is the crux of the biscuit. Vlad, only exist electronically. He can disappear. And, if he has been lying though his teeth, your recourse is exactly what?? How do you know that he isn’t stealing every credit card number entered at your site. He’ll sign anything, why should he care. As long as the check clears.

It’s amazing how many suits worry about this stuff and don’t understand their real exposure. There are very specific things that should be excluded/included to protect yourself. No one should directly contract with a 3rd party they haven’t met to code software of any significance to them or their company unless they are an expert on coding such software and can vet the product. The address for service shouldn’t be Romania.

I only use open source products, etc. The whole issue goes away. Everybody owns the code. It can’t be stolen, it can’t be owned. If Joe Blow thinks the code is his advantage, in most cases, he’s dreaming.

Take the easy way out.

By: Ludo B

Ludo B — Wed, 26 Sep 2007 18:06:11 +0000

I heartily agree that the availability of legal advice is one of the best investments we can choose to make for our companies. Even if the fees seem harsh to start, Mr. Cohen is right in saying the costs of getting into trouble with them later could be worse. Thanks for the great addition to the LP newsletter – truly appreciated.

By: Jeffrey A. Cohen

Jeffrey A. Cohen — Wed, 26 Sep 2007 17:58:40 +0000

Failing to ensure that your code is original or properly licensed is leaving yourself open to significant exposure. Licenses exist for a reason and failing to follow their terms is a short sighted mentality that will very likely result in consequences down the line, particularly if your business is successful. Stealing code is unlawful – end of story.
In many instances determining whether there is a violation in a particular use is not straightforward. The fact that there are professionals trained in the relevant legal requirements and familiar with the latest interpretations of the law is not a conspiracy by lawyers against their clients. Having a lawyer familiar with the Internet & Technology on your side (along with an accountant) is one of the best possible business investments you can make as an online service provider.
If you steal/misuse someone’s code regardless of how much of it you steal, you can count on the fact that there is someone out there that will eventually notice, particularly if your business is successful.

By: Nigel Woodger

Nigel Woodger — Wed, 26 Sep 2007 08:01:14 +0000

Code is not infinitesimal therefore if an effect in a program is needed it is quite easy for two or three or even hundreds of programmers to come up with the same bit of code to achieve that effect.

So the idea of claiming a bit of code to be copyright is completely against Common Sense. It would mean in a few years time that to write a program would need agreements being signed with dozens if not hundreds of thousands of people to include their bit of code to complete a program.

Ah I see what a brilliant plan by Lawyers to fill their pockets at everyone else’s expense.

By: Juan Ortiz

Juan Ortiz — Tue, 25 Sep 2007 16:55:56 +0000

In my case, I have several possible clients for this internet law matter, the basic and simple question is:

Is there an international law so powerful that can get local people to resolve by the lawforce an internet problem ? I live and work in Guatemala Central America and here we do NOT have internet laws.

It´s important to question this because otherwise the only people resolving something and getting money are the lawyers themselves.

We must be realistic and the best defense is prevention.

By: Skippy

Skippy — Tue, 25 Sep 2007 14:18:57 +0000

An excellent point and one that both customers and developers often overlook.

May I also add that, if the project involves modification of ready-made open source code, it may come with its own license, whose terms must be observed.

Regardless, a clear and explicit resolution is always good to have, for all those involved.

By: Mihai

Mihai — Tue, 25 Sep 2007 12:04:30 +0000

Vladimir is a russian name. If that guy wanted to pose as a Romanian he had to use Vlad ( like Vlad Dracula ).
A simple root trace and he will find out from were this guy writes his emails.

By: Maurice

Maurice — Tue, 25 Sep 2007 11:45:22 +0000

Content excellent but presentation makes it most difficult to read. Wider margins would help greatly.

By: Know this?

Know this? — Tue, 25 Sep 2007 11:36:26 +0000

So all is soved after all ………..

By: September.. - web-hosting-newsletter.com

September.. - web-hosting-newsletter.com — Tue, 25 Sep 2007 01:20:00 +0000

[...] Austin, Mitch Keeler and our newest writer Jeffrey Cohen! Be sure to check out his monthly “Lunar Legal” column created especially for our [...]