[Coco] Falsoft - Rainbow Contracts

ostro011 ostro011 at umn.edu
Wed Dec 31 09:38:24 EST 2003


 
I was able to dig up one of my old Rainbow contracts, signed in December of
1987.  It is too long to quote verbatim obviously, but I'll try to quote
what I believe to be the parts that matter most to this discussion.  Upon
reading it again now, it's a bit scary that I signed it in the first place.

Assuming that this was a standard Falsoft contract, does anyone here
(Dennis, you are probably the most experienced with these media contracts)
have an opinion about the author releasing his code for free distribution? 
How long would this code be tied up?  It seems obvious to me that I retain
the right to use my own software, but maybe not to give it to anyone else.

-- Steve --



1. AUTHOR bargains, sells and conveys to FALSOFT all right, title and
interest, including copyright, in and to his/her computer program and/or
article as entitled below ... for publication in its to be copyrighted
publications and elsewhere.

2.  AUTHOR further agrees that FALSOFT has the right, without further
consideration and as a part of this Agreement, to duplicate, reproduce or
copy the Work, or to authorize others to do so, for associated uses
including, but not limited to, tape and/or disk reproduction of program
listings, publication or republication of the Work in different formats
(such as a "Best of Rainbow") and/or disk versions of the same.

3.  AUTHOR further agrees the Work herein described shall not be offered
for publication, sale, license, as a promotion, or in any manner given or
transferred to any other magazine or entity for any purpose whatsoever.

4.  FALSOFT hereby grants back and conveys to AUTHOR a license to use the
Work for AUTHOR'S personal use ...

5.  ... AUTHOR agrees that he/she shall have sole responsibility at
AUTHOR'S expense, to respond to and/or defend any claims relating to the
Work or its components in whole or in part, by others.

6.  AUTHOR further agrees to indemnify and hold FALSOFT harmless from any
and all actions and damages to and because of errors in the Work as
submitted by AUTHOR.  AUTHOR also agrees to reimburse FALSOFT fully for all
legal expenses, as well as to undertake the defense of FALSOFT in actions
relating to the Work, upon proper notification.

7.  ...






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