Re: [NTLK] How to Create an Abandoned Car

From: Richard G. DAVIS (msys1_at_charter.net)
Date: Fri Sep 07 2001 - 10:28:23 EDT


Otto,

I do not see any logical overlap in the two domains you have drawn together.

The car you describe is physical property, left in public right of way, and
conceivably disrupting the free flow of the general public, and impeding the
right of access of others to that right of way. The actions of the
government are to recover that right of way in the interest of the public
good which is deemed to override the individual's interests in this case.
The government incurs an expense in protecting the public interest. It
seems reasonable that the government not pass that expense on to the general
public, but rather to recover the costs from the party responsible for
creating the situation.

Software is intellectual property, that in and of itself does not interfere
with the social affairs of the general public. It is difficult for me to
see any common ground between cars parked for unacceptably long times in
city streets, and software as intellectual products of human thought.

Regards,

Richard.

==================

on 9/7/01 4:35 AM, C.W. Otto Sohn at oky_at_avalon.net wrote:

>
>> Where do you draw the line with this? You may say your car with a
>> flat is "parked", I say you left it there too long so it is
>> "abandoned". Thanks for the parts.
>
> To add one more to the issue abandoning software/cars:
>
> Take the example of the City of Chicago:
>
> If you leave your car on the street (for x number of days without moving
> it) the city will come and impound it. They'll tow it to the impound lot
> and auction it off after a while, unless you claim your vehicle and pay the
> impounding and towing fees. When they take the car they don't even ask if
> you intended to abandon that vehicle. Sure, it's still legally yours (you
> still hold the title), but they'll sell it to "cover the impounding costs"
> etc. Really, when it comes to cars, you have to come forward and claim
> what's yours; otherwise the car is a has-been. (And I'm not talking about
> having your car dismembered by some "scavenger" -- it's the city...).
>
> So, draw your legal conclusions about software.
>
> Otto

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