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| Authored by: Anonymous on Friday, July 05 2013 @ 01:48 AM EDT |
The RAND contract is between the standards setting bodies and Motorola, none of
them are in Washington. MicroSoft is a third party to the contract. I haven't
seen the contract, but I am all but certain that it does not state that
Washington State is the governing law. It may not have a governing law clause
(I am guessing).
It would be really strange if a third party demanding access to a contract could
control the governing law. That lets in all kinds of mischief. I thought the
purpose of the RAND stuff was for a new party to negotiate a real contract,
presumably with a governing law clause. At the moment, there is no contract
between parties, Why is Washington State law controlling?
-- Alma[ Reply to This | Parent | # ]
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| Authored by: rsteinmetz70112 on Friday, July 05 2013 @ 10:28 AM EDT |
I'd like to know the answer to that one.
Contract Law in the US is generally governed by the state law in the state where
the contract is made or by a forum clause in the contract.
Since these "contracts" are not signed by anyone and as I recall
contain no choice of forum and further since they tend to apply even outside the
US I do wonder how the choice of Washington State applies.
I do note that Moto does not necessarily agree but I don't recall whether they
have objected to applying Washington State Law.
Moto said:
"Under Washington state law (which the Court has assumed governs
here)"
---
Rsteinmetz - IANAL therefore my opinions are illegal.
"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk
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