Geir,
I'm not sure how to tilt myself like that. The language refers to liability or claims created "by reason of your accepting any such warranty or additional liability." It seems to me that only your customers that have the benefit of your warranty could make any claim "by reason of" it. If an unrelated third party made an indemnification claim, the Contributor would point to the standard AS IS language, wouldn't they?
I don't see the other interpretation, but maybe that's my lack of imagination.
Jeff
Staff Counsel, IBM Corporation (914)766-1757 (tie)8-826 (fax) -8160
| "Geir Magnusson Jr."
<[EMAIL PROTECTED]>
04/25/2005 01:12 PM |
|
Section 9 of the ALv2 says :
9. Accepting Warranty or Additional Liability. While redistributing
the Work or Derivative Works thereof, You may choose to offer,
and charge a fee for, acceptance of support, warranty, indemnity,
or other liability obligations and/or rights consistent with this
License. However, in accepting such obligations, You may act only
on Your own behalf and on Your sole responsibility, not on behalf
of any other Contributor, and only if You agree to indemnify,
defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by
reason
of your accepting any such warranty or additional liability.
I just had someone claim to me that their lawyer interpreted this as
meaning that if they offered indemnification to their customers, they
would be responsible for defending all Contributors for any liability
or claims by anyone, not just their customers, and thus were about to
embark on wholesale replacement of Apache java code (until the issue
rendered moot for other reasons...)
I thought it strange - that to me (a non-laywer), this states that you
won't either pass through claims to contributors and/or will defend
contributors in case the party receiving the warranty from you decides
to use your warranty as a basis for going after the Contributors.
However, if I do mentally "tilt" my language interpreter a little, I
can see how they might be confused...
Just wanted to report this here for comment.
geir
--
Geir Magnusson Jr +1-203-665-6437
[EMAIL PROTECTED]
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