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Re: XyWrite Source Code
- Subject: Re: XyWrite Source Code
- From: "Patricia M. Godfrey" priscamg@xxxxxxxx
- Date: Fri, 03 Nov 2006 11:31:56 -0500
Fredric Gross wrote:
I consider it most unlikely that the TTG creditors now own the source
code. Either the Bankruptcy Court approved a sale of the source code
(perhaps as part of a package of TTG assets) to a particular person or
entitity, or else the source code was "abandoned" -- i.e., none of the
creditors wanted it and none believed it had a monetary value of
sufficient consequence to justify the cost of an auction. As I
understand bankruptcy law (and I am no expert), "abandoned property"
reverts to the debtor, i.e. TTG, and upon TTG's dissolution, it
presumably would revert to the shareholders. Thus, as a practical
matter, the source code has fallen into a black hole, and will not
re-appear unless and until some TTG shareholder brings an infringement
suit (or one of the geniuses on this listserve reverse engineers the
source code).
Surely the Free Software Foundation has dealt with this
sort of thing before? I suggest Erikson get in touch
with them and see if they can give him any advice.
If what Fred Gross says is true, this is yet another
glaring error in our intellectual property laws. (How
about arguing that it violates the Sherman Anti-Trust
act's prohibition of conspiracies in restraint of trade?)
--
Patricia M. Godfrey
PriscaMG@xxxxxxxx