Date: Thu, 21 Sep 2000 04:58:03 +0000 (GMT) From: Terry Lambert <tlambert@primenet.com> To: tms2@mail.ptd.net (Thomas M. Sommers) Cc: tlambert@primenet.com (Terry Lambert), bright@wintelcom.net (Alfred Perlstein), marko@FreeBSD.ORG (Mark Ovens), relyod@co-operation-ireland.ie (Mike Doyle), freebsd-advocacy@FreeBSD.ORG Subject: Re: RWS Message-ID: <200009210458.VAA27323@usr02.primenet.com> In-Reply-To: <39C9765B.F6E6F84F@mail.ptd.net> from "Thomas M. Sommers" at Sep 20, 2000 10:45:47 PM
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> It seems to me that if making source code available is negligence, > making source code available and demanding credit for it is still > negligence. Hold harmless clauses do not require publication to be > effective. They also do not affect either party's liability to third > parties. In the second case, you were diligent in ensuring the origin of the code was known. Consider a plaintif's claim of "I would never have used that code if I had known it originated at BobCo!". Hold Harmless clauses require an agremenet between the licensor and licensee to be effective. Not even Microsoft is willing to publish software with undisclosed license terms; the licensee must always be made aware of the licensing arrangement. In this case, then, we have an implied "claim credit" clause, even for GPL'ed code, which eschews "claim credit" clauses as being somehow evil and despised. Terry Lambert terry@lambert.org --- Any opinions in this posting are my own and not those of my present or previous employers. To Unsubscribe: send mail to majordomo@FreeBSD.org with "unsubscribe freebsd-advocacy" in the body of the message
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