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Re: Who can make binding legal agreements



John Goerzen writes ("Re: Who can make binding legal agreements"):
> The first paragraph of the license linked to by the original
> announcement:
> 
> SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE JAVA PLATFORM
> STANDARD EDITION DEVELOPER KIT ("JDK" - THE "SOFTWARE") TO YOU ONLY

Yes, but who is `YOU' ?  It's not SPI.  SPI has not delegated to
anyone the power to bind SPI to these contracts.  It's not Debian,
since Debian isn't a legal entity.  So `you' must refer to
the ftpmasters, mirror maintainers, users, etc. etc. etc.  After all
it's those people who are otherwise violating Sun's copyright.

> 2) That the ftp-masters lack the legal authority to do this, in which
>    case Debian (and by extension, SPI) is in violation of the Sun
>    copyright on Java by distributing it outside the terms of a valid,
>    in-force license

My interpretation is that the ftpmasters have (foolishly) indemnified
Sun.

Ian.



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