>A Microsoft
>attorney asked Apple executive Avadis Tevanian: "Suppose Microsoft simply
>decides not to offer a product. Do you have a problem with that."
>Tevanian's answer: "Yes. I have a problem with them doing it when they are
>using it as a threat to get us to do something we didn't want to do."
okay.. legal theory self-test. those who really *do* know the law, please
check my math:
i'm pretty sure of the following:
when someone does something they have a right not to do, or refrains from
doing something they have a right to do, (in terms i know, gives up one
degree of freedom), it's referred to as 'consideration'.
a simplistic way to define a contract is to call it an agreement by two or
more parties to exchange considerations.
a contract in which consideration is based on undefined terms ("i'll give
you $N, and i want everything you create from now on"), cannot be legally
enforced.
if it doesn't involve an exchange of considerations, it's not a contract.
("he gave it to me, see? a signed paper that says so!" probably won't
stand up in court)
it is not legally necessary for the two considerations to be of equal
monetary value. wildly unequal considerations can probably be appealed in
court, but the basic structure of the contract is okay. if neither party
appeals, the contract is valid.
and i /think/ the following are true:
an action (or abstention) which has no meaningful change on the status quo
is not a consideration.
and i'm pretty vague on this one, but i don't think you can get double-duty
out of a single consideration. you can exchange X for Y-and-Z, but if
you've already agreed to exchange X for Y, you can't demand Z as well.
so here's my conclusion:
Microsoft already receives consideration for producing software which runs
on a Mac. users pay for it. if Microsoft stops producing Mac software,
they lose the consideration they currently receive. therefore, Microsoft
has no legal right to demand additional consideration for continuing to
produce Mac software.
if Microsoft had offered to do something additional, like offer more
products, push up a release date, or step up their Apple-related marketing
budget, it would have been a fair deal. "i'm going to shoot my little toe
off unless you give me $20" is *not* a legal contract, though.
mike stone <[EMAIL PROTECTED]> 'net geek..
been there, done that, have network, will travel.
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