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[Gary W. Swearingen]

Nikolas Britton <nikolas.britton at gmail.com> writes:

> On 8/12/05, Gary W. Swearingen <garys at opusnet.com> wrote:
>> Nikolas Britton <nikolas.britton at gmail.com> writes:
>> 
>> > Like what?
>> 
>> Like the indemnification clause in
>>      http://mail.google.com/mail/help/terms_of_use.html
>> 
>> One can limit their exposure to such risks by accessing such services
>> as read-only services, except for their normal SMTP services which,
>> AFAIK, are covered only by implied licenses with no indemnification.
>> I hope.
>
> I'm sure you'd find that in any type of web service.

In any type, probably, but not in every service; I've found several
e-mail service providers (two free) without indemnification clauses.
Unfortunately, I can't find a single domain name supplier, except
there are probably some outside the United States of Attorneys.

> Say if I
> disclosed, under an NDA, the code that SCO claims was stolen and put
> into Linux using Google's Gmail service and then SCO turns around and
> sues google for posting the message, because they have deeper pockets
> then I. Google has nothing to do with this other then being the
> intermedium, I'm the one that did the damage.

And let's also say that you were 100% innocent.  Google can still
have you pay for the most expensive legal firm they could find to
take depositions, argue about source code in hearings and court, etc,
before SCO lost their case.

Now I wouldn't care whether Google or you accepted the risk, except
that because there are so many people willing to assume companies'
risks of doing business, it's becoming more-and-more difficult for us
who aren't willing, to find companies who include such risks into
their other costs of doing business, thus providing a form of
insurance for the public.  My insurance guy, BTW, says there is no
personal insurance to cover such indemnification.  Your home serves
as that insurance.

> It's standard corporate risk management.

It's becoming that.  But a few years ago most sites didn't even have
contracts but they're getting more common and much longer.  (Pay Pal
had the worst one I've seen; a huge thing with links to several more
to be included by reference.)  But note that many sites, including
www.google.com, still don't have indemnification clauses.