hartzell@boulder.colorado.edu (George Hartzell) (10/18/90)
We (our department and the computer science department) are trying to
get AT&T's C++(2.1). Our legal department is balking at paragraph
7.02 of the "Educational Software Agreement", which reads:
AT&T-IS warrants for a period of ninety (90) days from
furnishing a SOFTWARE PRODUCT to LICENSEE that any magnetic
medium on which portions of a SOFTWARE PRODUCT are funished
will be free under normal use from defects in materials,
workmanship, or recording. If such a defect appears within
such warranty period, LICENSEE may return the defective
medium for replacement without charge. Replacement is
LICENSEE's sole rememdy with respect to such a defect.
AT&T-IS also warrants that it is empowered to grant the
rights granted herein. AT&T-IS and other developers make no
other representations or warranties, expressly or impliedly.
By way of example but not limitation, AT&T-IS and other
developers make no representations or warranties of
merchantability or fitness for any particular purpose, or
that the use of any SOFTWARE PRODUCT will not infringe any
patent, copyright or trademark. AT&T-IS and other
developers shall not be held to any liability with respect
to any claim by LICENSEE, or a third party on account of, or
arising from, the use of any SOFTWARE PRODUCT.
Our legal dept. wants to replace the part about "or that the use of any
SOFTWARE PRODUCT will not infringe any patent, copyright, or trademark."
with something that says that AT&T will:
"[...] defend any suit which may be brought against the
University or the State of Colorado for infringement of
patent(s), copyright(s), or trade secret(s) based upon
software and/or materials furnished hereunder and in
such suit will satisfy any final award for any
infringment.[...]"
Is there anyone out there who is affiliated with a University who has
purchased C++2.1? Did your "people" have any complaints about this
section? How did you resolve them? All I want is the compiler (sigh).
Who knows, maybe someone (me?) will get g++ working well on the MIPS based
systems. I wonder if our legal dept. has ever seen a copy of the Copyleft?
:)
Please mail any info, I'll summarize as necessary.
g.
George Hartzell (303) 492-4535
MCD Biology, University of Colorado-Boulder, Boulder, CO 80309
hartzell@Boulder.Colorado.EDU ..!ncar!boulder!hartzelljohnb@srchtec.UUCP (John Baldwin) (10/19/90)
In article <28335@boulder.Colorado.EDU> hartzell@boulder.colorado.edu (George Hartzell) writes: [...bulk of legal obfuscation about AT&T's software copywrong...] > rights granted herein. AT&T-IS and other developers make no > other representations or warranties, expressly or impliedly. ^^^^^^^^^^ "Impliedly?" Is that even a word? :-) Sounds like another case of an organization (or an individual, for that matter), who really REALLY doesn't want to take responsibility for the possibility of actually doing something *wrong*. I can understand why both companies and individuals seek to have their legal beagles draw up paperwork which will protect them against infringements of their rights ("actual" rights, not legal rights), but when the "I'm not liable for anything I do wrong" type of contract starts becoming commonplace, its time for reform. Just my $16.98 worth. :-) -- John T. Baldwin | "Pereant qui ante nos nostra dixerunt!" Search Technology, Inc. | (A plague on those who said our good johnb%srchtec.uucp@mathcs.emory.edu | things before we did!)