[cc-licenses] Direct Damages?

Mara Hancock 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  
>> disclaimer
>> 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
>
> -- 
> Evan Prodromou <evan at prodromou.name>

======================================================
Mara Hancock
ETS Associate Director of Learning Systems

http://ets.berkeley.edu
University of California, Berkeley
Educational Technology Services
117 Dwinelle Hall, #2535
Berkeley, CA 94720

Desk: 510-643-2214
Mobile: 510-407-0543

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