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From "Andrew Hill" <andrew.david.h...@gridnode.com>
Subject RE: Indemnification & copyright
Date Mon, 23 Sep 2002 12:27:01 GMT
Have to agree with you there.
I can't imagine for an instance the struts contributors would ever be adding
dodgy code, way I see it, its purely a hypothetical question as far as
struts is concerned.
You would need to be quite paranoid to let such a worry about struts put you
off using it. Indeed from what I gather its the proprietary stuff where this
becomes a problem as the source is not open to review.
I would still be interested to know the legal position on such a issue
however as a theoretical curiosity...

-----Original Message-----
From: Galbreath, Mark [mailto:Galbreath@tessco.com]
Sent: Monday, September 23, 2002 20:15
To: 'Struts Users Mailing List'
Subject: RE: Indemnification & copyright


I think that's a bit of a stretch.  I have no doubt in my mind that the guys
producing the nightly builds have more professional integrity than to
incorporate code of questionable origins or legality into Struts.  I mean,
how dumb would that be?  It's open-source and doing something like that
would ruin your career.

I'd say to his employer to take a look at all the commercial applications
now using Struts and ask him if he's not being just a wee bit paranoid....


-----Original Message-----
From: Andrew Hill [mailto:andrew.david.hill@gridnode.com]
Sent: Monday, September 23, 2002 7:45 AM
To: Struts Users Mailing List
Subject: RE: Indemnification & copyright


His employer is worried that one of the struts contributers could include
some code that someone else has rights to and that as a user of struts his
employer would be then be legally liable for such an infringement.

In this event the Apache licence would not really be relevant as the dodgy
chunk of code involved wouldnt be Apaches to license in the first place.
(ie: would mean as much as a handwritten certificate of authority from the
guy down the pub who sold you a cheap car stereo)

The question in this case is what happens to folk using struts in regards to
their legal liabilty regarding any such dodgy code distributed with struts.
I dont know the answer to this one but would be rather curious to know.

Common sense would suggest that having used struts 'in good faith' we
wouldnt be liable, but since this is a legal issue any conclusion reached by
using common sense is almost certainly completely invalid...

-----Original Message-----
From: Galbreath, Mark [mailto:Galbreath@tessco.com]
Sent: Monday, September 23, 2002 19:27
To: 'Struts Users Mailing List'
Subject: RE: Indemnification & copyright


There is no liability issue as long as you abide by the license, which
merely requires that credit is given to Apache for redistributed software
containing ASF code.

http://jakarta.apache.org/turbine/common/license.html

Mark

-----Original Message-----
From: Malcolm Davis [mailto:malcolm@nuearth.com]
Sent: Sunday, September 22, 2002 8:02 PM

I am presently in a predicament on my present contract.  I
am not allowed to use STRUTS unless my employer can be
indemnified from copyright or patent infringement.
1.  Is there anyway my employer can be indemnified from
copyright or patent infringement with Struts?
2.  Is there a company that provides this service?
3.  Is this really an issue with Struts?

The liability extends from the use of intellectual property.
A developer knowingly or unknowingly contributes a piece of
software to the Open Source community that contains
intellectual property.  I then use that piece of open source
software.

Thanks for any comments,
malcolm

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