While this may protect a viewer developer from direct responsibility towards 
a user, it does not provide any protection against LL. Assuming I have to 
clickwrap-accept TPV by 30 April before I'm allowed to connect to the 
SecondLife grid, I still accept universal guilt towards LL.

Example: A content creator sues LL for copyright infringement and LL comes 
as boomerang back to the dev who may not have done anything wrong, just 
someone else exploited a vulnerability LL put in the code in the first 
place. Who is guilty? The weakest link who said yes to TPV in the first 
place.

User <-x-> Dev <--- LL
   |--------------------^

Nice try, but does not help.



> Date: Thu, 25 Mar 2010 10:26:23 +0100
> From: Lance Corrimal <lance.corri...@eregion.de>
> Subject: [opensource-dev] licenses and the "chain of command"
> To: opensource-dev@lists.secondlife.com
> Message-ID: <201003251026.24709.lance.corri...@eregion.de>
> Content-Type: text/plain;  charset="us-ascii"
>
> Hmm... something came up on SLU...
>
>
> on the bottom of the pile is the GPL, because every piece of source code 
> for
> the viewer says "licensed under GPL v2".
>
> on top of that is the TPV, because linden labs think they can say so.
>
> ...regarding "connecting to Second Life" they actually can.
> ...regarding imposing liabilities on developers they can NOT, but they 
> refuse
> to see that, but that is besides the point anyways.
>
> BUT:
>
> there is nothing in the TPV that forbids you to put another "clickwrap"
> license around your third party viewer, that the user has to explicitely
> accept, which puts you back in the GPLed "no liabilities" state.
>
>
> and legal practice in the last years has been that "clickwrap" licenses
> (accept at installation/first start) have precedence over anything
> "shrinkwrapped" (on websites or boxes)
>
> ... and in case LL changes the TPV to say that you cannot add additional
> licensing terms, that would be in clear violation of the GPL v2 unless 
> they
> completely relicense the whole source which they cannot do retroactively, 
> and
> it would also be proof that anybody who had been claiming that the TPV 
> doesn't
> "mean" that devs take all responsibility was simply lying through his 
> teeth.


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