Ken Gano wrote:
>With all due respect to JonMac, this is BS.
>I would defy anyone to send me a citation from ANY jurisdiction where
>liability has been found in this type of situation. This is pure and
simple
>lawyer bashing and fear based not on fact.
With all due respect to Ken (who, from the tone of his post implies he
may have some legal experience) my earlier post on the availability
(or not) of technical drawings is not as he so succinctly suggests BS.
I deduce this means bullshit?
Rather than clutter up the digest with my lengthy reply to him on what
is essentially a non-Triumph matter, the list may know that while Ken
put forward a number of reasons that in his opinion my reasons were
groundless, I have relayed to him the findings of the European Court
of Justice which presents (to me anyway) an entirely different
perspective.
If he feels it is approrpiate to share that post on the list, he may
certainly do so.
Being inexperienced in legal matters myself, I drew on the written
recommendations of lawyers from material that came to me - and many
others in a BMW Legal Department Directive - issued nearly two years
ago. I checked it again today and in some considerable detail. What it
says is quite clear and I quote:
"Engineering drawings should under no circumstances be made available
to car collectors or enthusiasts for any purpose. The risk of later
prosecution through incorrect use by third parties of the limited
information contained in such drawings or technical articles may
contribute to personal injury and later litigation in a Court of Law."
I then gave Ken two examples of litigation where punitive damages were
levied on parties by the European Court of Justice (that for not the
first time and probably not the last) entirely overturned the rulings
of national Courts in France and Germany.
So, to use Ken's expression that this is all BS, what do mere mortals
without scholing in the finer points of complex legalese do when the
BS hits the fan and we need help?
Who should we believe if corporate lawyers go into print on a subject
that according to Ken isn't worth the paper on which it is written?
For my part and having studied the details, I'm sticking to what I
read - and if Ken wants to challenge the national and more powerful
European Courts on their findings, then that's his prerogative.
Jonmac
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