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Perhaps legal documents need to spell out the spirit of the agreement to try to close some of these unintended loopholes.
by rdlecler1 8y ago
Perhaps legal documents need to spell out the spirit of the agreement to try to close some of these unintended loopholes.
- mjevans 8y agoThen you'd have the speculation about if the spirit or the mechanics of the contract are to be upheld. Also if it's a spirit then who's evaluating that? It's a rabbit hole that leads to a world of problems that are unfamiliar to those who live with 'western' contracts. Verbal/handshake agreements might be closer to what your proposing.
- rdlecler1 8y agoI disagree. If the spirit in this case was no convoluted work arounds that would be interpreted by a reasonable person that would seem to stop this while preserving the normal use cases of license use. This convoluted ownership structure is clearly designed to circumvent and seems to to have no operational purpose. Besides, securities regulations take this principles based approach all the time.