On Tue, 16 May 2000, Paul Fernhout wrote:
> Based on previous discussions with my IP lawyer, indemnification as
> broadly construed is in effect a warranty to ensure the customer for the
> Intellectual Property can use the IP and will not have any additional
> legal costs associated with that use. What you say is correct, BUT you
> are ignoring who *is* then liable in this case (the contributor!) as
> well as the implications of that liability given however Stanford/BI
> have chosen to use the contribution (i.e. Stanford/BI's loss in not
> being able to use the code, and the cost of redressing that loss).
You're right, the contributor would be liable. I don't disagree with the
examples you present in this e-mail; I wanted to correct your licensing
loophole examples in your original e-mail. However, let me also point out
that not having an indemnification clause in the license does not protect
you, the contributor, from being liable either.
> The deeper emotional issue is what a one-side "permission to use"
> agreement for the Colloquium "feels like" to any open source developers
> lurking out there.
Agreed. Like I said, the mailing list was formed to discuss the
colloquium, not to develop open source software. That's why an
alternative forum is needed.
-Eugene
-- +=== Eugene Eric Kim ===== eekim@eekim.com ===== http://www.eekim.com/ ===+ | "Writer's block is a fancy term made up by whiners so they | +===== can have an excuse to drink alcohol." --Steve Martin ===========+------------------------------------------------------------------------ Was the salesman clueless? Productopia has the answers. http://click.egroups.com/1/3019/4/_/444287/_/958498996/ ------------------------------------------------------------------------
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