Major premise: I am not the lawyer of any individual or this group, as I am
not licensed to practice law.
I have to remind you of that because in this posting I am going to be
discussing possible relations/liability issues between MC, Scott Raney, and
the persons discussing establishing an 'openKard' partnership.
Scott raises his concern that liability could be imputed (= legally assigned)
to the MetaCard corporation. In practice he does not want to be a partner for
this reason. This is perfectly understandable.
On the up side: no risk of liability to Scott or MC.
On the down side: the only duty between Scott and the partnership is
'ordinary'. The reduced fiduciary duty can be corrected with a properly
drafted contract - i.e. the eventual license we would ask from MC or Scott.
I'm sorry to have to be objective, but Scott is right. There is a (miniscule)
potential liability, and given the 'deep pockets' mentality of lawyers
(starting to understand why I don't want to practice?) he's right: a shark
(read parasitical unproductive shyster) would see MC as a target.
Oh, did you know a lawyer cannot disparage the legal profession? It's true,
you cannot both be a lawyer and say that the legal system is twisted,
perverse, and injust. Plus you have to swear to uphold and defend the U.S.
constitution. Suffice it to say, i just want to teach and if possible
contribute something useful.
So, like i said, everything i say is true, but given that there will be no
fiduciary duty between Scott or MC and the partnership be aware that in doubt
you should ask for qualified legal counsel (yes, i am unqualified, six years
of law school, and i'm unqualified...because i do not want any part of it)
Personally I would appreciate _any help from Scott or MC and would be willing
to draft whatever would be useful to help this project. On that point your
'lite' license appears to be the same as your 'heavy' license. If you wish I
can draw up a license for the 'lite' version that would limit its use. Also
the 'splash dialogue' could be (slightly) improved. Helvetica doesn't bother
me, and the dialogue's are ok. I shall start on standard icons of 16x16,
32x3�, and 64x64 using a macintosh and storing them both as resources and as
bitmaps (pict format).
I would also like to thank MC for making their software available, as the
colorization routines are superior to addColor, and because it is cross
platform.
Sincerly,
Eric Engle
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