[opensource-dev] Third party viewer policy: commencement date

[Darmath]

On 21/03/2010 9:01 PM, Boy Lane wrote:
> Just a couple of paragraphs that are in direct conflict with each other:
>
> "You [the developer] are in full compliance with the terms of the GNU 
> General Public License ("GPL"), if your application uses the source 
> code of the official Second Life viewer, which we have made available 
> under the GPL."
>

I'm trying to understand what is the problem with LL's requiring the 
developer to make *a representation or warrant* to LL's that they comply 
with the GPL if their TPV uses code released by LL's under the GPL.

According to Cl 8 of the GPL:
"You may not propagate or modify a covered work except as expressly 
provided under this License"

To me it makes sense that LL's would require the developer to* 
/represent/ *to them or/ *warrant */to them that they are in compliance 
with the GPL. After all the developer has to comply with it anyway.  If 
a developer has doubts about providing a representation or warranty 
about their compliance with the GPL shouldn't they be thinking about 
whether or not they should be releasing the TPV at all?
>
> "You [the developer] assume all risks, expenses, and defects of any 
> Third-Party Viewers that you use, develop, or distribute"
>
Are you trying to suggest that these are inconsistent with clauses 15 
and 16 of the GPL? If so i don't think so. This clause isn't impacting 
upon the liability of a developer of a TPV in relation to the users of 
the TPV that they develop. Although I can understand how someone can 
read it that way because that's what it appears to be suggesting. But 
this clause is operating as between the developer of the TPV and LL such 
that in the event that the develper of the TPV for whatever reason is 
found to be liable, in relation to the TPV they develop, LL's wont be 
liable also. In effect its operating as a indemnity and/or disclaimer as 
between the TPV developer and LL. It doesn't make the TPV developer 
liable to the users of their TPV. It's just putting them 100% under the 
gun in the event of such. It would be up to the developer to put in 
place appropriate legal mechanisms (such as those contained in cl 15 and 
16 of the GPL) to protect themselves. I'm not sure you were reading it 
that way though. I apologise if you were.
>
> "You [the developer] acknowledge and agree that we may require you to 
> stop using or distributing a Third-Party Viewer"
>
I don't really see any problems with this.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.secondlife.com/pipermail/opensource-dev/attachments/20100321/d753bb66/attachment.htm