1 Reply Latest reply on Nov 5, 2008 2:41 PM by rickpalmer

    Intellectual Property / Due Diligence / Risks

      I'm building a developer commuity for one of my clients and we have a current concern about how to address an international community platform where developers will upload/download applications.


      Intellectual property (IP) for an app uploaded by a developer? IP for the same app after we've "certified" it free of malware? Developers add links to redirect members interested in commerce (purchasing apps) from them. As the transaction is off-site, are we clear with a simple disclaimer that "you are leaveing XYZ Comapny site and we assume no responsibility etc.."?


      Any thoughts & experience greatly appreciated!




        • Re: Intellectual Property / Due Diligence / Risks

          I've sold shareware applications for over 10 years, and had an active software upload/download site for a couple years where I had to deal with similar issues.  I took my lead from popular download sites like Tucows, where they clearly state in their Terms & Conditions that they're not responsible for transactions between members and third party companies.


          Here's a blurp from Tucow's terms page at http://www.tucows.com/terms.html that I think does a good job of covering their asses bases:



            Buying over the Internet

              When making purchases or other transactions   through the Tucows Site or the Internet, but you may also  be asked by the   Merchant or information or service provider to supply certain   information, Including credit card or other paymen t mechanisms. You   agree that all information you provide any merchant or information or   service provider through the Tucows Site will be accurate and complete.   You agree to pay all charges incurred by you Or other users of your   account and credit card or other payment mechanisms at the prices in   effect when such charges are incurred. You also will be   responsible for paying all applicable taxes, if any, relating to   purchases on the   Tucows Site. Tucows is in no way responsible for any charges   you or any user   of your account incurs when making purchases or other transactions in   this manner.  

            Limitation of Liability

                Tucows takes no responsibility for   the accuracy or validity of any claims or statements contained in the   documents and related graphics on the Tucows Site. Further, Tucows    makes no representations  about the suitability of any of the   information contained in software programs, documents and related   graphics on the Tucows Site for any purpose. All such software programs,   documents and related graphics are provided without warranty of any   kind. In no event shall Tucows be liable for any damages   whatsoever, including special, indirect or consequential damages,   arising out of or in connection with the use or performance of   information available from the service.