[cc-licenses] Direct Damages?
mara at media.berkeley.edu
Wed Jan 10 11:39:41 EST 2007
Yes, section 6 is where this would appear, but according to our
Counsel they seem to include everything but direct damages:
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY
APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY
LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK,
EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
I am not a lawyer either, but my understanding is that direct damages
may be the same as "actual damages." I can't seem to find a
definition for the Direct Damages term in either Law.com or nolo
press. I'll check with our Counsel on this, but I was hoping that
Mia might have a quick and easy answer for me!
From Nolo Press:
compensatory damages Damages that cover actual injury or economic
loss. Compensatory damages are intended to put the injured party in
the position he was in prior to the injury. Compensatory damages
typically include medical expenses, lost wages and the repair or
replacement of property. Also called "actual damages."
On Jan 9, 2007, at 6:34 PM, Evan Prodromou wrote:
> On Tue, 2007-09-01 at 16:20 -0800, Mara Hancock wrote:
>> Hi -- I recently had one of our UC general counsel review the 2.5
>> license so we can use it on our open video content
>> (webcast.berkeley.edu). She was concerned about the lack of
>> or cap on the liability for direct damages.
> I'm not a lawyer, but isn't section 5 a disclaimer of warranty, and
> section 6 a limitation on liability?
> Or does "direct damages" mean something particular here, not
> covered by
> section 6?
> Evan Prodromou <evan at prodromou.name>
ETS Associate Director of Learning Systems
University of California, Berkeley
Educational Technology Services
117 Dwinelle Hall, #2535
Berkeley, CA 94720
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