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It is complex, and none of us have the background to make this determination without knowing the full background of the case. However, the standard I learned he
by wegs 6y ago
It is complex, and none of us have the background to make this determination without knowing the full background of the case. However, the standard I learned here was pretty low. In my law class, the example of where apparent authority would apply was an employee wearing a UPS company uniform communicating something. An example of where it would not apply was a UPS employee selling obviously-stolen merchandise out of the back of a truck, claiming to do it on behalf of UPS.
Given that this was:
(a) In an official github repo from the organization
(b) The announcement was made by the co-founder and CTO
It would need to be a complex set of circumstance for apparent authority to NOT apply. I can come up with such circumstances which might apply, but it would have to be a lot more than just saying they didn't authorize their CTO to do this. If you can't take the statements of a CTO at face-value, the world of business would collapse.
(And to re-emphasize: I am not a lawyer. "In my law class" should not convey I went to law school, and taking a couple of law classes does not a lawyer make).
- mreome 6y agoI was commenting based just on the limited info in the snippets posted. If the CTO/organization you noted it the one that owns the rights to the code, then I’d agree that apparent authority does seem to apply here. I had read into "After DDN’s acquisition ... subsequently improperly open sourced ... without DDN’s permission" to mean that the code had been acquired from another entity, but then someone associated with that entity which no longer had any rights to the code released it as open source.