decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
It would depend on the contract. | 118 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
It would depend on the contract.
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 | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )