|
Authored by: Anonymous on Wednesday, June 06 2012 @ 05:46 PM EDT |
AFAIK, the terms of Google's contract with Noser aren't in
the case, and so likely aren't public. The contract likely
limits (or possibly waives) any damages that can be
recovered.
I suppose it could be argued that Noser's actions were
grossly negligent, which could in theory override the
contract, but that's often a high mountain to climb.
Witness Haliburton and Transocean in the BP spill case.
Plus, what do you sue for? The damages amount from these
files will be small-to-negligible. It's doubtful Google
could properly attribute their court costs to specifically
how much was spent on these files vs. the larger action.
The sum available to be recovered is likely small enough to
not make it worth trying to recover it.
Oh, yeah, also - legal action against your contractor pretty
much guarantees you'll never use their services again. For
all we know, this was a mistake, and not ruining the entire
relationship over.
How this COULD have gone down (I have no firsthand
knowledge). Noser assigned someone the task of regenerating
these files. Rather than re-write, they decided to decompile
the files from the source. The source is GPL'ed, and maybe
this person wasn't clear on the difference between GPL and
Public Domain, and the resulting Android code would be open
source, so maybe didn't realize any harm would be done. No
one realized the files weren't original (would YOU have
decompiled the originals just to double check your
employee's files were different?) It's quite possible this
falls under "honest mistake."[ Reply to This | Parent | # ]
|
|
|
|
|