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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.

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That is a good question. | 60 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Micro$oft is not a party in this contract
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 | # ]

That is a good question.
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

[ Reply to This | Parent | # ]

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