Game Design, Programming and running a one-man games business…

Error: Missing Parchment

cliffski

I’m ‘exchanging contracts’ with a publisher for something right now. I signed two copies (two!) and they insisted on them being physically shipped. This isn’t unusual, or particular to them, but now that FedEx have seemingly lost the ‘parcel’, it makes me reflect on the insanity of the situation.
There are three types of business:
1) Businesses that allow you to email you an agreement, or at the very least, print out a document, sign it, scan it abck in and email it back. Needless hassle, but the best of the three. (I know for a fact that they can’t tell if I just pasted a fake signature from photoshop onto the document without bothering with the print/scan bit).

2) Businesses that won’t accept that, but will accept a FAX. This is the most insane of the three, because the people at these obviously do not realise that a fax gets converted into bit and bytes, and so does an email. A fax is just a really special=purpose clunky way to email a scan.

3) Businesses that insist on a physical copy.

The physical copy thing amazes me. what IS the difference? Is it REALLY harder for someone to ‘forge’ a contract signature by physical mail than it is by email / fax? Do they think that if it goes to court, that forensic teams will carry out analysis of the paper fibres and handwriting and proclaim it to be original or a fake? Is this REALLY going to happen?

People have forgotten that paper was used to send INFORMATION, and contracts were used for that purpose. We have moved on from fingerprints or making an ‘x’. We do not need to squirt some extract of a squid on parchment and then put it on the fastest coach and horses any more. Some clever dudes invented email.

Presidents, Soldiers, Criminals, Journalists, even my retired father and my technology-hating old boss who makes wooden rowing boats have all embraced EMAIL. Join us lawyers… you are late… but you are welcome…

One thought on

  1. Ah But Cliff – There is a serious legal side to this…

    I can’t remember the exact legal term but it is some like In legalus persona

    The thought princple being that it is very difficult to convincingly fake a signature as they are all personal to us from both pressure of the pen, letter strokes and styles and sizing. (God knows I have enough difficulty in keeping mine within the little white boxes on offical forms these days what with having a commination of tail letters such as y and upper tails such as k.). Thats why you have to sign in pen and not pencil (as all pens excluding felt tips need pressure to work.)

    There is also the issue of entering in to a contract of your own free will – Only you can sign your name freely and correctly – See all the case law on confessions extracted under duress…

    Also you should always sign contracts in the presence of a legally appointed offical witness such as a notary public or solicitor who should be able to then emboss the contract with an official press. (My sister in law is one and hers is really kewl!)

    It is so easy to spoof emails, physically cut and paste old sigs onto faxes, photocopy them and then fax back. How many cases of fraud do you hear of where this has been carried out?

    There is also the issue which you see sooooo many times on websites about having to accept the T&C’s in that you can click the accept button without actually reading the full T&C’s – There have been a number of cases of this in the US for big software houses and DRM and the whole anti-pirating thing.

    So.. sorry Dude… Gotta be that pen. Remember – The pen is mightier than the email server !!!!

    Anyway – I have a secret plan to over come this but I’m just too old to do the coding. Contact me if you are interested (But we will have to sign a paper contract !)

    Oh and BTW – I will try to get out more !!!

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