A Legal Case in Three Parts. One.
@KK: Ok, that's fine I think the variety in age, writing style, opinions and culture here at SYM is what makes it a great place
@Crassus: Most welcome - interesting points
I think the variety in age, writing style, opinions and culture here at SYM is what makes it a great place @Crassus: Most welcome - interesting points
"There are in fact two things, science and opinion; the former begets knowledge, the latter ignorance." - Hippocrates
Moderator of Planescape: Torment, Diablo I & II and Dungeon Siege forums
Thanks all for posting. As far as I can see twice as many people thought the boat belonged too Tamosa
I will now tell you what the Greek court decided and why.
But first let me say to those that wonder what the hell is going on that this is the first part of a very old problem (more will follow) that many think still hasn’t been adequately resolved yet. I posted it because I thought that a bit of cerebral massage might be just the thing in these times of trouble.
The judge took the view that the matter that had to be settled was; whether Nikaos’s boat had burned or whether it had been stored in Tamosa’s warehouse. He also believed that all this might be a problem for ownership in general.
The judge took the view that Nikaos’s boat had burned. In his summing up speech he pulled out his watch and said: “This watch belonged to my great grandfather who passed it on to his son who passed it on to his. I will in time give the SAME watch to my son. I have myself had this watch repaired several times in the 40 years I have owned it and I am certain that my forefathers were equally careful. I know my father had the lid replaced after it was dropped and it seems reasonable to suppose that the whole watch has been serviced in this way.
What now of Nikaos’s ship? If I give him the ship that was build of the old parts I am saying that the identity of the ship depends on its parts. But that would mean that my watch is not the watch my grandfather passed on.” He looked at the watch and added, “this is indeed the watch my grandfather passed on or it would not be mine”.
Other arguments the Tamosa lawyer presented was that the small tree that had been planted out side the court yard was surely still the same tree even though nothing of the original material remained in the tree.
Well the court case was over and Tamosa kept the boat - a beautiful friendship destroyed. For although the insurance company paid the price of the lost ship Nikaos felt that his boat was in the hands of a friend that had betrayed him.
But far more serious and unforeseen consequences were on the horizon.
See the second instalment: A Legal Case in Three Parts. Two.
Coming shortly to a SYM near you…
I will now tell you what the Greek court decided and why.
But first let me say to those that wonder what the hell is going on that this is the first part of a very old problem (more will follow) that many think still hasn’t been adequately resolved yet. I posted it because I thought that a bit of cerebral massage might be just the thing in these times of trouble.
The judge took the view that the matter that had to be settled was; whether Nikaos’s boat had burned or whether it had been stored in Tamosa’s warehouse. He also believed that all this might be a problem for ownership in general.
The judge took the view that Nikaos’s boat had burned. In his summing up speech he pulled out his watch and said: “This watch belonged to my great grandfather who passed it on to his son who passed it on to his. I will in time give the SAME watch to my son. I have myself had this watch repaired several times in the 40 years I have owned it and I am certain that my forefathers were equally careful. I know my father had the lid replaced after it was dropped and it seems reasonable to suppose that the whole watch has been serviced in this way.
What now of Nikaos’s ship? If I give him the ship that was build of the old parts I am saying that the identity of the ship depends on its parts. But that would mean that my watch is not the watch my grandfather passed on.” He looked at the watch and added, “this is indeed the watch my grandfather passed on or it would not be mine”.
Other arguments the Tamosa lawyer presented was that the small tree that had been planted out side the court yard was surely still the same tree even though nothing of the original material remained in the tree.
Well the court case was over and Tamosa kept the boat - a beautiful friendship destroyed. For although the insurance company paid the price of the lost ship Nikaos felt that his boat was in the hands of a friend that had betrayed him.
But far more serious and unforeseen consequences were on the horizon.
See the second instalment: A Legal Case in Three Parts. Two.
Coming shortly to a SYM near you…
I didn't really bounce Eeyore. I had a cough, and I happened to be behind Eeyore, and I said "Grrrr-oppp-ptschschschz."
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If I wrote that he stole it it would be regarded as bashing, but the Ancient Greeks said as much about themselves. There are some wonderful stories in Herodotus about this kind of thing.Originally posted by Aegis:
<STRONG>How did this Greek guy have a pocket watch?</STRONG>
To the Righteous belong the fruits of violent victory. The rest of us will have to settle for warm friends, warm lovers, and a wink from a quietly supportive universe.
Just to add a few more points I think worth considering,
Who built the boat in the first place and more to the point who designed it. Also was the boat a one off.
The company that built the boat originally would retain intellectual property right for the design and as such the design of the boat could not be copied to build another.
Furthermore was the boat a one off, If it was then Nikaos was in possession of an original and as such it could not be copied without becoming a forgery.
On a final point why was his friend replacing servicable parts of the boat for no good reason, perhaps he was attempting to overcharge Nikaos in the same way that the last contractual plumber I had to repair my house suggested that I replace the boiler to resolve a water leak when all that was actually required was the resoldering of a joint.
Who built the boat in the first place and more to the point who designed it. Also was the boat a one off.
The company that built the boat originally would retain intellectual property right for the design and as such the design of the boat could not be copied to build another.
Furthermore was the boat a one off, If it was then Nikaos was in possession of an original and as such it could not be copied without becoming a forgery.
On a final point why was his friend replacing servicable parts of the boat for no good reason, perhaps he was attempting to overcharge Nikaos in the same way that the last contractual plumber I had to repair my house suggested that I replace the boiler to resolve a water leak when all that was actually required was the resoldering of a joint.
Just remember, everyone is entitled to my opinion