The danger of winning: contract law ramifications of successful Bailey challenges for plea-convicted defendants

Article Abstract:

The government should not be able to reindict defendants after they have succeeded in a collateral attack. Some courts have allowed reindictment based on grounds of breach of plea agreement or rescission of the agreement because of impracticability. The unstated premise of the courts has been that the defendant who agrees to a plea bargain has a contractual obligation to serve the full sentence, but the defendant's only contractual obligation is to enter a plea of guilty. The contract law doctrine of 'frustration of purpose' provides the best support for reindictment, but that doctrine also proves inadequate to justify reindictment.

Cases, Plea bargaining, Indictments

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Licensees should clarify software revision rights; parties should negotiate use, ownership and exploitation rights in program alternations

Article Abstract:

Licensees must clarify their rights to revise software. Many software license agreements limit licensees' rights to make changes. These limitations may just be prohibitions on the creation of derivative works or a notice that modifications will invalidate the warranty or result in termination of the maintenance service agreement. License definitions should differentiate between kinds of anticipated alterations to the licensed software. One way is to differentiate between licensee code that results in changes to the licensed software and licensee code that gives functionality only through an interface from the software developer.

Software, Laws, regulations and rules, Licensing agreements, Derivative works (Copyright)

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