Re: [unrev-II] A Cusp: License issues for released code & Legal Notice

From: Eugene Eric Kim (
Date: Tue May 16 2000 - 10:36:44 PDT

  • Next message: Eugene Eric Kim: "[unrev-II] Use Cases: Software Development"

    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 Eric Kim ===== ===== ===+
    |       "Writer's block is a fancy term made up by whiners so they        |
    +=====  can have an excuse to drink alcohol."  --Steve Martin  ===========+

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