The story bears a striking resemblance to the facts of Urban Decay, where a California appellate court held that two women who developed ideas for a cosmetics company had formed a partnership.
November 22, 2005
"Did Roger Simon Form a Partnership With Dennis the Peasant?"
Entrepreneurship lawprof Gordon Smith does some analyzing
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9 comments:
"Holmes had been reading about 16th century England, and how people with the plague developed purple sores, and she thought the color looked like the plague sores."
purple open plague sores - let's all partner up!
It's entirely clear that it isn't the same business. DTP relates discussion of an advertising company for bloggers. PJ/OSM, particularly in it's current incarnation, is in the news business.
The burning question is whether you've formed a partnership with DTP.
Pablo: Ah, yes. Bring on the personal attacks. When you don't have a substantive argument....
The question is whether for the time they were working together, what they had constituted a partnership. The issue isn't whether he's currently in a partnership. If there was a partnership, it's now over. What his remedy would be if a court found a partnership to have existed, I don't know.
For the record, I've never met or spoken to DTP. I'm just being a blogger, doing the blogger thing. I wonder why more people aren't? Why are you, for example, jazzed up about protecting them? If this were an incident concerning MSM, I wonder what the size of the blog storm would be.
Colin: Great point! Maybe their lawyers are telling them they've got to change the plan to make it different enough from what was planned with Dennis. But then what's the point?
Not that I'm Sir Speedy ..... (Thank You Very Much). But in case anyone hasn't heard? The PJM Death Pool is borne.
And just in case my html is as bad as I know it is?
http://pjmdeathpool.blogspot.com/
Now that's funny.
Bottom line, quote: "Every corporation or LLC is preceded by some planning, but such planning does not necessarily result in the formation of a partnership."
Dennis, I've got nothing against you: if you think there qwas a partnership formed, then sue Roger. The way things are going, though, I wonder if you're not simply setting yourself up to either be sued by Roger, or to arrange things so that you'd lose a suit from general misconduct.
Ann says:
Pablo: Ah, yes. Bring on the personal attacks. When you don't have a substantive argument....
Personal attack? Please don't tell me that you're so fragile that you find a suggestion of collaboration between yourself and DTP, who seems quite handy around here, to be a personal attack.
You're still an attorney, no? You understand the value of using terms in accordance with their definitions, no?
Having said that, you seem to have a deep emotional investment in the issue. It's amusing to watch. That's not an attack, merely an observation of the obvious.
As for the substantive argument that I provided and you ignored, let's refer to Gordon Smith, to whom you linked:
The key inquiry: Is Pajamas Media a different business than the one envisioned during those early talks between Simon, Kelly, and Johnson?
It is clearly not the same business. I think Dennis has done a fine job of making that clear. Now, would you like to discuss that, or would you prefer to simply dismiss me as a misoginist for my failure to support your position?
Why are you, for example, jazzed up about protecting them?
Would you care to define that? I've made a couple of comments on the situation. You've made a calling of chronicling it with the vitriol that comes from having been "disrespected", much like DTP.
If this were an incident concerning MSM, I wonder what the size of the blog storm would be.
What exactly is the nature of the "incident" you're referring to? We seem to be discussing a dispute, not an incident.
It's a startup. There are going to be screwups. that's the nature of startups. To call the thing a failure upon it's birth is akin to calling the war in Iraq a failure because it wasn't over in 30 days. Sure, you can see it that way if you like, but history may well make you look foolish.
Predict at your own risk.
P.S. to Colin: That's me. Neocon warmonger Bush-worshipping redneck Islamophobe. Do you think I'd have a shot with the likes of a Berkely house whore? Broadbrushing is such fun!
So for the kiddies over there to complain about people being mean is a tad hypocritical.
Colin, if you'd like to quote me, do so. If not, then stop pretending you're talking about me. You're making a fool of yourself.
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