Customer Support/Digidesign Products, is the registered owner, the legal owner?

[editor]

Hello digi CS,

Hello, I have run into a situation where an employee has registered several of my digidesign systems in his name (with my knowledge), vs the company name.

He is a great guy and its no big deal, because he also handles all installs and the like, its an honest deal, "fill this stupid thing out and get it off of my desk and get the freaking plug-ins installed.

My question came up as we were discussing selling off gear and I joked with him I was gonna' lay the tax liability off on him...he got a bit more than interested at that point; and we both are wondering...

#1. In the eyes of digi who is the legal owner of a system.

#2. In the eyes of the law, (the tax man etc) who s the legal owner of a system.

See my point....

Is the registration card holder the legal owner, even if he didn't buy the system?

Just one of those finer points of the law deals here. Two guy fighting over tax write offs... I am also wondering what if I woke up and I was cleaned out, who would be the guy to do the insurance and police papers me or him? See my point?

Thanks guys.

e

[AvidCS]

e your making my head hurt.

Digi is going to assume that the "registered" owner is the legal owner, as we would not know otherwise.

I'm not an attorney but it appears from a legal perspective the individual or corporation that actually purchased the gear is the "legal" owner. Any legal ot tax disputes would eventually use the actual sales invoice and cancelled checks to identify ownership, not the name on the registration card.

That said, the actual purchaser would do any insurance claims.

Bob Langlie
Digidesign Customer Support

[editor]

Bob,

Thanks, it is sort of a toughie (finer point issue), I agree with what you say though. An even finer point in court would be, a person claiming to own a system, registered to another person, would be asked how the 2nd party got a hold of the reg papers and was allowed to register the goods.

The act of registration, suggests that the buyer had afore knowledge of the registration action and this suggests that the registor has or had a financial or intellectual involvement in the gear and an agreement with the purchaser; possession being 99% of the law, the registor could seize or put a lien on the gear until such time as original buyer could prove clear title to the property, both workmans liens and or use law.......it gets tricky.

Thanks for the response. Needless to say I'll be writing the goods off tax wise, although, I doubt the registor assumes much IRS risk in doing same.

Now my head hurts.... Thanks

Regards

e

[Lee Blaske]

Editor,

I guess it's amusing to speculate and debate these legal fine points, but my question would be: Why are you running your business in such a casual and slipshod manner? For most folks, there are enough problems and hassles associated with operating a business. Why generate more?

From the last sentence of your last post, are you suggesting that both you and your employee are going to be deducting the same system? Ethics aside, I wouldn't want to be you in a tax audit.

Lee Blaske

[E. D. Cooper]

Bob:

Here's another headache you.

Editor's inquiry raises another issue that might be relevant to this discussion. Hardware aside, is the registrant of Digidesign software the actual owner, or simply a mere licensee of said software. (A careless response to that question could open a real ugly can of worms. Yes, I did read the mice type.)

Take two asprin, and call me in the morning. ;-)

[AvidCS]

Is this where I plead the 5th?

I was speaking hypothetically about hardware registration.

Perry Mason

[Lee Blaske]

Get Ham Burger on the case!

Lee Blaske

[editor]

----------
Snip from Lee Editor, I guess it's amusing

--------------------------
Actually understanding the fine points of business is key to success, 3M, nor Exxon pay taxes, nor does any major Corp. in America. In fact the govt., subs them to stay in business. They took the few extra moments to dig into the finer points of business....as did the Clintons...White Water anyone

-------Lee-----------
to speculate and debate these legal fine points, but my question would be: Why are you running your business in such a casual and slipshod manner?
------------------

I can see how you might think that from my post, but this is a serious issue, hard and software license and ownership; and right/license to use...was a key disc ever really legal?...I did buy a license to use PT a key disc blocked that right at times......a fine point also....treading on the thin ice of some nasty legal issues..

------Lee--------------
For most folks, there are enough problems and hassles associated with operating a business. Why generate more?
-----------------------

Well, the truth is Lee, I have an excellent legal team, and they echoed Customer supports ownership comments...before I posted. The other truth is, is that I am set for life if the placed burned down tomorrow, it is all for the love of the game. An employee years ago once asked me why I never checked out long distance bills closely, generated from the studio clients. I told her I make at the least $250.00 per hour, the entire complex generates around 3 to 5 grand an hour.... I actually lose money by taking the time to look close at phone bills. I now have accounting and they look it over, if it is a bit heavy; even so, the client pays at the least $100.00 an hour more like two...at least. I would never bite the hand that feeds by asking questions about trivial numbers....The bigger picture, the bigger picture....No phone call anytime any place bills $100.00 an hour.

--------Lee--------
From the last sentence of your last post, are you suggesting that both you and your employee are going to be deducting the same system? Ethics aside, I wouldn't want to be you in a tax audit.

------------------

I am the legal owner it is legal for me to deduct it, he can sweep his own side of the street.... All that aside one key phrase for success in business here Lee...NEVADA BASED CORPS.
-----------------------

Don't mean to be smug here Lee (and I sure am looking that way), have enjoyed your posts around here, but to me business IS war. I enjoy the finer points. As far as ethics, well my favorite quote regarding ethics/morality is from the film 'Apocalypse Now' Brando: "They teach young men to drop fire on people, but they wont let them write F*** on the side of their airplanes....because it is obscene".....Ethics??? Hmmmm. Your tax dollars pay for that fire...to each his own!

At the least it is an un-opened can of worms in the new, "information age."


Regards

e


[This message has been edited by editor (edited August 30, 2000).]

[Lee Blaske]

editor wrote:

<<The other truth is, is that I am set for life if the placed burned down tomorrow, it is all for the love of the game.>>

Glad to hear you've done well. One thing, though... If your projected nest egg is made up of royalties, residuals, etc. derived from writing hit songs, I sure hope that the same employee responsible for sending in the warranty cards wasn't also in charge of filing the copyright documents.

Lee Blaske

[editor]

Now that is truly funny Lee-LOL. With pesky ex wives around and other nasty agencies wanting to tally your net worth on a daily basis, having registered owners/employees creates a grey area ...buffer space... that ain't so bad...

On a serious note I am really concerned about the SAG/AFTRA/BMI/ASCAP royalty issues going on...

Peace

e