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One other issue that I did not see mentioned in this thread is that, depending on the jurisdiction, there may be a need for additional consideration. Particularly, if not a w-f-h and the assignment mechanism is relied upon.
-----Original Message-----
From: Keith Tabor
To: CNI-COPYRIGHT -- Copyright & Intellectual Property
Sent: 12/23/03 3:00 PM
Subject: [CNI-(C)] Re: Predating - Can I get caught?
In the law, contrary to popular belief, good ethics lead to the best results.
As to some of your questions below:
Being worried about fraud is common. You will never be able to stop fraud. Notaries are often low paid individuals and can easily be bribed. Not really much of a safe gaurd in this situation.
> My agreement would suddenly become trash.
>
> The only sure way I see to prevent that is by dating
> mine 2 years back when the whole project started.
>
Two wrongs don't make a right. A fraudulent agreement on your part will not help you to prevent another fraudulent agreement by your programmer. Make your agreement rock solid and attack any fraudulent agreements that come down the pike. For example, have the programmer warrant that he has not signed any prior assignments regarding these rights under penalty of liquidated or actual damages. But, this is just an wexample of one way to handle this. If your kitchen sink attorney is not answering these types of questions to your satisfaction, you may consider hiring one who handles contracts and assignments. It may cost more than the kitchen sink, but it may be worth it.
> Thanks for the comments. Funny, but know one
> really answered my question. "Can I get caught?":-)
Actually. I saw several answers to that question. All of them were "Yes." Some of the responses assumed "yes" but posited that there was no reason to worry about getting "caught" if you just did the right thing.
In case we as a group weren't clear, if you do something "wrong" and it is important, you will be caught. Especially if it is a part of a written contract involving two or more parties (contracts involving less than two parties are more difficult to enforce).
I think that is a very safe assumption. If you have a complex explanation of why that assumption is wrong, think about how complex your explanation is and how many assumptions are involved in it.
>
> Regards,
> jvictor9999
>
> >
> > Regards,
> > Victor
> >
> > __________________________________
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