Development of Creative Commons licenses

[Mara Hancock <mara AT media.berkeley.edu>]

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

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University of California, Berkeley

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