[thelist] copyright help

[Martin]

On Saturday, April 27, 2002, at 09:21  pm, Martin wrote:

> On Saturday, April 27, 2002, at 09:04  pm, Madhu Menon wrote:
>
>>> Doesn't matter really.   He never promised, it can easily be thrown
>>> out as
>>> intimidation of a minor, and these was no contract or agreement
>>> reached or
>>> exchange of monies or services.
>>
>> Also, you can't enter into a valid contract with a minor. It fails the
>> "competence" requirement for contracts.
>
> Um you can - otherwise how would a minor buy sweeties..

...or a domain name...

> but you can't enforce them.

But to think about some other essentials of contract law
(IANAL but have taken law classes relating to contract as
part of a post-grad):
1) A contract is only formed when there has been offer and
    acceptance - if he hasn't accepted your offer, then you can
    withdraw it (but do it *fast*)
2) A contract must include some substantive consideration -
    he must give you something (even if it's only a fiver, or a peppercorn
    (hence peppercorn rent btw)) in return for taking down the site
    for it to be considered a contract.

However, on the other hand, deciding whether a contract has
been entered into is interpreted by the actions of the contractors -
if you have already taken down the site, it could be interpreted
that you accept their argument and have entered into a
contract. Fortunately, taking down a site isn't a non-reversible
act like transferring the domain to them, and even more fortunately,
you haven't done it.

Oh, btw, your line "Copyright... or so I thought" - you originated
all the content and design? Your copyright, mate, until and unless
you explicitly assign it elsewhere.

Cheers
Martin
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