[Cryptech Core] draft template document

Fredrik Thulin fredrik at thulin.net
Sun Jun 15 12:31:11 UTC 2014


On Friday, June 13, 2014 03:37:55 PM Leif Johansson wrote:
> At 11 pages in total and NB that there are still a few laywers in
> Denmark who haven't gotten a shot at this so we might get a few
> addl comments.
> 
> Note that section 9 is a bit more wordy because the choice to go with
> arbitration carries some standard language around confidentiality.
> 
> In general I believe this is a reasonable compromise. There may be
> certain aspects that could be improved but we also want to be done.

I have a problem with 5.2:

> 5.2. The Supplier warrants that the result of the Supplier’s performance of
> the Services will be an original work product which will not infringe upon
> any third party’s intellectual property rights.

I don't see how a contractor can warrant that there exist no IPR covering 
something, as opposed to no IPR the contractor is aware of. Maybe it's a 
lingual thing, but I'm definitely not comfortable with that wording.

I'm not happy about the one-sided and unlimited (both in time and cost) 5.4 
either, and the explicit exception of 5.4 in 7.2. Really, if the project asks 
a contractor to deliver X where X turns out to be covered by IPR or patent, 
the blame for that can't be put solely in the contractors lap IMO.

/Fredrik




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