At 10:29 AM 2/12/99 -0700, Bruce Toback wrote:
>Richard Gambrell writes:
>
>Cognos's legal position, explained to me in no uncertain terms, is that
>they own every line of source code ever written in a Powerhouse language.
>So even if some such emulator or converter appeared by magic, Powerhouse
>licensees would still need Cognos's permission to use it -- because even
>though you wrote the code, Cognos owns it.

Words from another of the fraternity I see!

NOT A CHANCE in my humble opinion!  (legally that is but only after final
argument and past the appeal period)
Of course, the courts teach us that anyone can "take a position".
Actually, I think it was the courts that coined the phrase "assume the
position".

but you need deep pockets to argue with Cognos   ;))

It is an unfortunate by-product of a free society that anyone has the right
and privilege to claim anything that they want and that instead of pistols
at 20 paces we get the judicial system at a snails' pace.

A surprise to many is that if you contract with someone (non-employee) to
develop some software for you, common law gives the intellectual property
rights to the contractor.  It is only with a specific clause in the written
agreement giving up that copyright that you get what you probably think you
paid for.

By the way, probably the most definitive works on copyright as it applies
to us can be found by searching for "+nimmer +copyright"  or "+sookman
+copyright"  [Sookman was one of our lawyers].




Brian Duncombe  [log in to unmask]  http://www.triolet.com
voice: 1-877-TRIOLET (874-6538) (905)632-2773 fax: (905) 632-8704
"Whether you think you can or think you can't, you are right."
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