If the company said "The Company is not obligated to pay royalties with regard to the ShBoom Technology" because the chain of agreements said that, and then went to court and somehow lost a case on this matter, they would be in trouble with the shareholders. More conservatively, in the same situation, if they say they "The Company believes...", then they don't get in trouble with the shareholders if the matter ever goes to court and they somehow lose.
If there is any kind of dispute on a contract, the final word is not in until the case has been to court and through appeals, if any. The phrasing they are using is appropriate for the situation. Since any statement of an interpretation of or actions based on contracts is subject to legal challenges, until such legal challenges happen, should they ever occur, the company cannot state more than what they "believe" the contract says.
As such, the Company cannot make any other determination. They have made their definitive statement.
It may only be my opinion, but the original statement you made seemed inflammatory as being out of context with the fact that the company has made a definitive statement on the matter. It is not fair to the Company to attack them with phrase-bites out of context. The question I have responded to above, however, is fair. That is, what does it mean "the Company believes...".
Benedict Arnold |
