is KATG on PodShow now

[conradsmiley]

what show was that from?

[benjita]

The Podshow Contract was episode 247, back in April. Trust me, if Podshow wanted to take legal action (which, as we all know, is a waste. Rule #1 of litigation: Don't sue poor people), they would have by now.

[mkl]

"if Podshow wanted to take legal action (which, as we all know, is a waste. Rule #1 of litigation: Don't sue poor people), they would have by now."

What would podshow be able to take legal action about? Keith never agreed to any kind of non-disclosure about not reading the contract. It seems like he would be well within his rights to disclose and discuss the contract, as long as he did so factually.

[benjita]

Theoretically, they could take action against Keith for disclosing a confidential document publically. Damages could be based on a decline in membership due to such a reading.

I'm not saying they should, nor that a verdict would necessarily be in their favor. But, legally, you CAN sue anyone for any reason (Not that you will win in every circumstance, but you are physically able to).

Mostly, I was responding to the "phone call" broadcast yesterday where someone under the guise of a Podshow employee told Keith "Welcome to Podshow", stating that because Keith broadcast the contract, he was agreeing to it, and therefore is now signed up with Podshow. We all know it was a prank, probably by some D&D listener who wants Keith and the Girl to sink along with Fatty & The Nerd.

[ryanknapper]

I am not a lawyer, but I am an American, so I have an opinion:
Does an unsigned contract count as a confidential document? Podshow gave that contract to someone, so it was their property, unless they signed it or another document stating that future communication would be held confidential.
If the recipient of the contract never signed a confidentiality agreement, they are free to pass it along to anyone they wish.

Side note: I remember when I received my first Microsoft certification in the late 90's. On the envelope it said that by opening the envelope I agreed to the terms and conditions inside. I seriously doubt that would hold up in court, but it certainly does open up some interesting avenues of thought.

Brad's Gay: To make a short story longer, I received that envelope one cool morning in Klamath Falls, Oregon. I had a troubled night sleeping because of....

[benjita]

Originally Posted by ryanknapper

I am not a lawyer, but I am an American, so I have an opinion:
Does an unsigned contract count as a confidential document? Podshow gave that contract to someone, so it was their property, unless they signed it or another document stating that future communication would be held confidential.
If the recipient of the contract never signed a confidentiality agreement, they are free to pass it along to anyone they wish.

Side note: I remember when I received my first Microsoft certification in the late 90's. On the envelope it said that by opening the envelope I agreed to the terms and conditions inside. I seriously doubt that would hold up in court, but it certainly does open up some interesting avenues of thought.

No matter who posesses the contract at the time, it is still intellectual property of the lawyers who drew it and the subject who commissions the lawyers to draw the contract. When they send the contract to a potential candidate, it is still the intellectual property of Podshow and its lawyers. Even if the candidate does not sign a confidentiality agreement, he/she (for sake of not fucking slashing any he/shes for the rest of this post, I'm calling it a male candidate) can be held accountable or liable for any damages resulting from him publishing/reproducing/broadcasting of said contract.

When he sends the contract to Keith for perusal, the contract still remains the intellectual property of Podshow. Keith has the option to either return the contract to Podshow and not use it, or use it for his own sick, great purpose. Being the dick we all know and love, he uses it and reads it verbatim on air.

By broadcasting the Podshow contract, Keith could very well have caused damages against Podshow. This contract could have been meant for some pissant who gets 100 listeners and has no real Podshow value. By reading this contract, and allowing the insinuation that this is the only Podshow contract, Keith's actions could be construed as slander against the Podshow company. By reading and in essence publishing the intellectual property of another entity, Keith could have had some legal action taken against him.

REMEMBER, I said "could have". ANYONE CAN sue ANYONE for ANYTHING! Podshow isn't stupid enough to sue Keith for this, because of my aforementioned Rule #1 of Litigation: Don't sue poor people.

ALSO REMEMBER: I'm not taking fucking Podshow's side. I'm just pointing out what might have been. If a girl can sue Myspace for getting herself raped, Podshow could have done MUCH worse to KATG then they did. All they did was laugh at it, which was probably the best move they could ever have done. You can't ignore it, and if you sue, you end up wasting your money suing poor people.

As for your Microsoft thing, it's common. However, many times, if you get that, you can probably find the agreement also online so as not to be caught with your pants down.