Monthly Archives: October 2014

Monthly Archives: October 2014

Consideration in Contract Recitals

Posted on by Sam Posted in Uncategorized | Comments Off on Consideration in Contract Recitals

Under Canadian contract law (except Quebec), consideration (something of value) must flow both ways in order for a contract to be valid. For example, in a sales contract the buyer would receive the product (consideration) whereas the seller would receive money (consideration). As a result, often one reads a variation of the following in a contract recital: NOW THEREFORE in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree …

APIs are Copyrightable For Now

Posted on by Sam Posted in Law | Comments Off on APIs are Copyrightable For Now

I’ve posted previously about my views on whether APIs ought to be copyrightable from an Engineer’s perspective.  The saga continues as Google, on Oct. 6th, petitioned with the US Supreme Court (SCOTUS) for a writ of certiorari to consider, not only whether Java APIs are copyrightable, but also the question of how far-reaching copyright protection extends in software. To bring readers up to speed: Application Programming Interfaces (APIs) are a set of specifications that define software component inputs, outputs, and operations, …