Re:Apple sues NSO Group to curb the abuse of state-sponsored...
by dcow on Tuesday November 23, 2021 @07:19PM
(#29325444)
So if I sell you a magic rock under the contract that so long as you are in possession of said rock I have legal authority to monitor your household to make sure you don’t misuse the rock for evil, and you die and your heir comes in possession of the rock, I now have a contract with your heir? I can go set up cameras in their house and invade their privacy just because you wanted a magic rock? That doesn't seem right?..
Re:Apple sues NSO Group to curb the abuse of state-sponsored...
by _djo_ on Wednesday November 24, 2021 @02:00AM
(#29327574)
Contract law isn't absolutist like that, and it can't bind both parties in a way that's unreasonable or contrary to certain basic rights-related laws.
That's why you can't contract yourself into slavery.
What'll happen in cases like that is that it'll be litigated, interpreted, and either amended through a settlement agreement or annulled.
As others have said, the law isn't a programming language. It's a human system that, while being rigorous, strict, structured, and binding for the most part, is nonetheless capable by design of nuance and interpretation within known and constrained bounds.
Re:Apple sues NSO Group to curb the abuse of state-sponsored...
by woah on Wednesday November 24, 2021 @07:19PM
(#29336842)
It sounds like that contract is a liability. Not a lawyer, but I don't think that liabilities are inherited the same way. Most likely if you wanted to do this, you would structure it as a rental agreement and get the rock back.
Re:Apple sues NSO Group to curb the abuse of state-sponsored...
by arcticbull on Tuesday November 23, 2021 @07:50PM
(#29325673)
Probably if the heir accepted the rock during the estate proceedings, but im just speculating.
> Suppose that Small Co sells the assets of a business unit to Big Co. Do you now have a contract with Small Co. or Big Co.? Small Co. no longer has the rights to the software
That's right, that's what they sold.
> Big Co. may not agree to the terms of the old license.
Then I guess maybe they shouldn't have bought it.
> Suppose someone dies and their assets go to their heirs. Do you now have a contract with the heirs?
Yes. They inherited the deceased's assets.
> What if there are no heirs, so the assets go to the government? Do you now have a contract with the government?
You'd probably have to ask an estate planning attorney about the specifics of this, but so what if you did?
> I can think of some fun terms to add to a software license from someone on their deathbed if that's the case.
You should totally do it lol