On 21/03/2010 9:01 PM, Boy Lane wrote:
Just a couple of paragraphs that are in direct conflict with each other:
"You [the developer] are in full compliance with the terms of the GNU
General Public License ("GPL"), if your application uses the source
code of the official Second Life viewer, which we have made available
under the GPL."
I'm trying to understand what is the problem with LL's requiring the
developer to make *a representation or warrant* to LL's that they comply
with the GPL if their TPV uses code released by LL's under the GPL.
According to Cl 8 of the GPL:
"You may not propagate or modify a covered work except as expressly
provided under this License"
To me it makes sense that LL's would require the developer to*
/represent/ *to them or/ *warrant */to them that they are in compliance
with the GPL. After all the developer has to comply with it anyway. If
a developer has doubts about providing a representation or warranty
about their compliance with the GPL shouldn't they be thinking about
whether or not they should be releasing the TPV at all?
"You [the developer] assume all risks, expenses, and defects of any
Third-Party Viewers that you use, develop, or distribute"
Are you trying to suggest that these are inconsistent with clauses 15
and 16 of the GPL? If so i don't think so. This clause isn't impacting
upon the liability of a developer of a TPV in relation to the users of
the TPV that they develop. Although I can understand how someone can
read it that way because that's what it appears to be suggesting. But
this clause is operating as between the developer of the TPV and LL such
that in the event that the develper of the TPV for whatever reason is
found to be liable, in relation to the TPV they develop, LL's wont be
liable also. In effect its operating as a indemnity and/or disclaimer as
between the TPV developer and LL. It doesn't make the TPV developer
liable to the users of their TPV. It's just putting them 100% under the
gun in the event of such. It would be up to the developer to put in
place appropriate legal mechanisms (such as those contained in cl 15 and
16 of the GPL) to protect themselves. I'm not sure you were reading it
that way though. I apologise if you were.
"You [the developer] acknowledge and agree that we may require you to
stop using or distributing a Third-Party Viewer"
I don't really see any problems with this.
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