[Ti] Safari Beta v.64 is out [WHERE??]

[Daniel T* Kegan]

In general, under USA and British common law,
a competent adult is generally assumed to be responsible for their acts.
If one knows or should know that one is engaging in an improper act,
there may be liability. This includes use of confidential trade secrets,
unauthorized access to information, use of computer for improper 
purposes,
aiding another to do an improper act, contributing to another's 
improper act,
conspiracy, and a host of other theories.
Concepts such as witness deal more with matters of proof, but proof
is not needed to start a lawsuit, just a good faith belief that proof 
cana be
found eventually. There are special rules and considerations for a 
publisher,
and for the owner and moderator, if any, of an elist.
These are very general principles, for which there are many exceptions,
and the exceptions have exceptions. Plus, things differ in various 
jurisdictions--
California law is slightly different from Illinois, both differ from 
Louisiana,
UK, France, Germany, Russia, Japan, all slightly different.
Yes, legal legal action can sometimes successfully be brought against a 
party who is not a party to
an earlier agreement. Much depends on specific facts, and place.
Disclaimer- general comment, not specific legal advise.

Daniel Kegan * daniel at keganlaw.com * Kegan & Kegan, Ltd.
We identify, develop, and protect intangible business assets
and counsel other professionals on legal issues.
Balanced Counsel for Smart Clients * www.keganlaw.com
  * * * * * * * * * * * * * * * * * * * * * * * * * 312=782-6495 x21

On Wednesday, March 12, 2003, at 12:09  AM, PowerBook G4 Titanium List 
wrote:
> Subject: From: luke <etyrnal at ameritech.net>
> how can legal action be brought against a party who is not a party to
> the original agreement which is actually between the beta tester and
> the company?  eg:  the list owner can not be bound to the terms of an
> agreement he or she has not been a witness to - mush less if he or she
> has not entered into a legally binding agreement. wouldn't the action
> be brought against the beta tester who leaked??