Development of Creative Commons licenses

[email AT greglondon.com]

Rob Myers said:
> Warranties is page 33, isn't it? But I don't think that
> you cover indeminification or representation of authority
> to contribute / passing on of risk yet though, do you?

http://www.greglondon.com/dtgd/html/draftingthegiftdomain.html#3_Warranties

I only cover implied warranties of merchantability and
fitness for a particular purpose. This whole
indemnification/representation thing only came to pass
relatively recently from the SCO lawsuit. Like I said,
I'm trying to understand it so I can put it in there.

I've yet to find any good explanation on how
indemnification and other proposed new additions would
change the situation in any significant way and still
support the Gift Economy.

Insurance is impossible for individual contributors. So
that would have to slide downhill to a company like IBM or
RedHat, which could kill them as well. And I don't see how
insurance is any different than getting sued. either way
someone has to dish out a lot of money.

And since insurance does not prevent SCO from suing IBM,
IBM has no incentive to offer insurance because they're
already at risk from lawsuits.

The thing is that copyright law is set up such that
a copyright holder's first line of defense is to sue
infringers. Some actions are criminal offenses, but
the government doesn't have to prosecute.

So, I don't see anything that would prevent SCO from
suing IBM if IBM was selling a version of Linux that
contained large chunks of SCO's code.

If Alice unknowingly sells a work that belongs to Bob,
then I'm pretty sure that no amount of paperwork can
prohibit Bob from suing Alice.

That, or I'm missing a fundamental concept.