[Coco] Falsoft - Rainbow Contracts

[Gene Heskett]

On Wednesday 31 December 2003 09:38, ostro011 wrote:
> 
>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.  ...

Damn Steve, he really did have it covered.  Is there no way that it 
could be rendered null andd void if he reneged on the further 
exploitation thing?  Any excuse at all?  And how wide would this 
personal use be construed in todays courtrooms?

-- 
Cheers, Gene
AMD K6-III at 500mhz 320M
Athlon1600XP at 1400mhz  512M
99.22% setiathome rank, not too shabby for a WV hillbilly
Yahoo.com attornies please note, additions to this message
by Gene Heskett are:
Copyright 2003 by Maurice Eugene Heskett, all rights reserved.