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Subject: Development of Creative Commons licenses
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- From: "Traymore, Anthony S." <ATraymore AT ReedSmith.com>
- To: "Discussion on the Creative Commons license drafts" <cc-licenses AT lists.ibiblio.org>, "Evan Prodromou" <evan AT prodromou.name>
- Subject: Re: [cc-licenses] Direct Damages?
- Date: Thu, 18 Jan 2007 15:19:08 -0500
I am a technology attorney. Direct damages are
actual, provable, quantifiable damages as opposed to indirect, speculative,
special, consequential, punitive, etc. damages. My general positions are
(a) when representing a licensee, that direct damages should not be subject
to a cap since these are actual damages and/or losses for which the responsible
party should be liable and (b) when representing a licensor, that direct damages
should be capped at some multiple of the fees paid under the license which makes
the risk commensurate with the value of the contract (e.g., 12 months
fees)--which obviously does not apply in an open source
context.
Anthony From: cc-licenses-bounces AT lists.ibiblio.org [mailto:cc-licenses-bounces AT lists.ibiblio.org] On Behalf Of Mara Hancock Sent: Wednesday, January 10, 2007 11:40 AM To: Evan Prodromou Cc: Discussion on the Creative Commons license drafts Subject: Re: [cc-licenses] 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:
======================================================
Mara Hancock
ETS Associate Director of Learning Systems
University of California, Berkeley
Educational Technology Services
117 Dwinelle Hall, #2535
Berkeley, CA 94720
Desk: 510-643-2214
Mobile: 510-407-0543 |
-
[cc-licenses] Direct Damages?,
Mara Hancock, 01/09/2007
-
Re: [cc-licenses] Direct Damages?,
Evan Prodromou, 01/09/2007
- Re: [cc-licenses] Direct Damages?, Mara Hancock, 01/10/2007
- <Possible follow-up(s)>
- Re: [cc-licenses] Direct Damages?, Traymore, Anthony S., 01/18/2007
-
Re: [cc-licenses] Direct Damages?,
Evan Prodromou, 01/09/2007
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