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<!-- received="Tue Dec 21 12:39:15 1999 PST" -->
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<!-- sent="Tue, 21 Dec 1999 12:38:32 -0800" -->
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<!-- name="Vincent Parrilla" -->
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<!-- email="parrilla@ix.netcom.com" -->
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<!-- subject="Re: Minolta releases SCSI specs!" -->
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<!-- inreplyto="Minolta releases SCSI specs!" -->
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<title>sane-devel: Re: Minolta releases SCSI specs!</title>
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<h1>Re: Minolta releases SCSI specs!</h1>
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<b>Vincent Parrilla</b> (<a href="mailto:parrilla@ix.netcom.com"><i>parrilla@ix.netcom.com</i></a>)<br>
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<i>Tue, 21 Dec 1999 12:38:32 -0800</i>
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<p>
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<ul>
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<li> <b>Messages sorted by:</b> <a href="date.html#137">[ date ]</a><a href="index.html#137">[ thread ]</a><a href="subject.html#137">[ subject ]</a><a href="author.html#137">[ author ]</a>
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<!-- next="start" -->
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<li> <b>Next message:</b> <a href="0138.html">Michael Wein: "snapscan310, aha152x(05), de-pnp'd"</a>
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<li> <b>Previous message:</b> <a href="0136.html">Kevin Charter: "Re: transparency option on snapscan1236"</a>
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<li> <b>Maybe in reply to:</b> <a href="0134.html">David Rose: "Minolta releases SCSI specs!"</a>
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<!-- nextthread="start" -->
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<li> <b>Next in thread:</b> <a href="0139.html">Matto Marjanovic: "Re: Minolta releases SCSI specs!"</a>
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<!-- reply="end" -->
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</ul>
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<!-- body="start" -->
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--------------183448D52A6D0700ADFE0607<br>
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<p>
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David Rose wrote:<br>
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<p>
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<i>> I've been in communication with Minolta for well over a year regarding</i><br>
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<i>> the release of the SCSI programming specs for their scanners. Today</i><br>
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<i>> it looks like they finally came through.</i><br>
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<i>></i><br>
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<i>> I received an email today, that reads (in part):</i><br>
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<i>></i><br>
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<i>> > We think we found a solution to help you. Minolta is, at last,</i><br>
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<i>> > ready to disclose film scanner SCSI protocol specifications</i><br>
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<i>> > for customers who requested such information free-of-charge</i><br>
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<i>> > basis. SCSI protocol specifications for Dimage Scan Dual,</i><br>
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<i>> > Dimage Scan Speed, Dimage Scan Elite and Dimage Scan</i><br>
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<i>> > Multi are made available.</i><br>
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<i>></i><br>
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<i>> They will release the specs to me under NDA. It looks like a fairly</i><br>
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<i>> standard NDA to me (I'm not to show the specs to anyone or use them</i><br>
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<i>> for any purpose other than to write a driver, they don't guarantee</i><br>
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<i>> it's correct or promise to provide support, yadda yadda yadda).</i><br>
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<i>></i><br>
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<i>> However, it does have one clause that concerns me. It reads:</i><br>
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<i>></i><br>
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<i>> "The Receiving Party [the programmer] shall indemnify, hold harmless,</i><br>
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<i>> and defend the Disclosing Party [Minolta] from and against any claims,</i><br>
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<i>> liabilities, damages and suits, including reasonable attorney's fees,</i><br>
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<i>> that arise or are related to any program created under this</i><br>
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<i>> Declaration."</i><br>
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<i>></i><br>
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<i>> It's the bit about defending Minolta that troubles me. This seems to</i><br>
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<i>> suggest that if someone cooks their scanner using my driver and sues</i><br>
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<i>> Minolta about it, I'm responsible for Minolta's legal fees. While I</i><br>
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<i>> suppose that's only fair, it's troubling, since naturally I don't have</i><br>
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<i>> money to spare for Minolta's laywers. Have any other people</i><br>
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<i>> experienced or had to deal with similar clauses in NDA's with other</i><br>
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<i>> companies?</i><br>
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<p>
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I've dealt with NDA's numerous times as I am a consultant<br>
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here in Silicon Valley. These NDA's are obviously for the<br>
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client's protection in the event that an individual (agent) can't hold<br>
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the company liable for any problems that could arise and,<br>
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of course, so that the agent doesn't give away trade secrets.<br>
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This, however, does not mean that there is a transference<br>
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of liability to said programmer in the event that something<br>
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goes awry. And certainly none if there is NO compensation<br>
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involved from the client to the programmer for the specific task<br>
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of writing this driver.<br>
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<p>
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If the programmer then in turns gives away this code for free<br>
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within the public domain - there is no implied warranty of<br>
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any kind, especially if there is no compensation. (Which<br>
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is why it is a could idea to state this in the headers of the<br>
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source code).<br>
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<p>
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Now, if the client in turn decides to reincorporate this<br>
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"free" driver back into their product line they are taking<br>
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responsibility for its use - since they, in essence, are<br>
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charging their customers for it. By that point, they<br>
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should have fully tested this system. Then say if someone<br>
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takes the client to court because of some "disastrous"<br>
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problem, they can not pull the originator of the code into<br>
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court for defense purposes since they are using what at<br>
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that point is "public domain" material.<br>
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<p>
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My 2 cents.<br>
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<p>
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vjp<br>
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<p>
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<p>
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<p>
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<i>></i><br>
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<i>></i><br>
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<i>> David</i><br>
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<i>></i><br>
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<i>> --</i><br>
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<i>> Source code, list archive, and docs: <a href="http://www.mostang.com/sane/">http://www.mostang.com/sane/</a></i><br>
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<i>> To unsubscribe: echo unsubscribe sane-devel | mail <a href="mailto:majordomo@mostang.com">majordomo@mostang.com</a></i><br>
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<p>
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<pre>
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--
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===================+==================================
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Vincent Parrilla | <a href="mailto:parrilla@ix.netcom.com">parrilla@ix.netcom.com</a>
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===================+==================================
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<p>
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<p>
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<p>
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--------------183448D52A6D0700ADFE0607
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Content-Type: text/html; charset=us-ascii
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Content-Transfer-Encoding: 7bit
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<p>
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<!doctype html public "-//w3c//dtd html 4.0 transitional//en">
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<html>
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David Rose wrote:
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<blockquote TYPE=CITE>I've been in communication with Minolta for well
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over a year regarding
|
||
<br>the release of the SCSI programming specs for their scanners.
|
||
Today
|
||
<br>it looks like they finally came through.
|
||
<p>I received an email today, that reads (in part):
|
||
<p>> We think we found a solution to help you. Minolta is, at last,
|
||
<br>> ready to disclose film scanner SCSI protocol specifications
|
||
<br>> for customers who requested such information free-of-charge
|
||
<br>> basis. SCSI protocol specifications for Dimage Scan Dual,
|
||
<br>> Dimage Scan Speed, Dimage Scan Elite and Dimage Scan
|
||
<br>> Multi are made available.
|
||
<p>They will release the specs to me under NDA. It looks like a fairly
|
||
<br>standard NDA to me (I'm not to show the specs to anyone or use them
|
||
<br>for any purpose other than to write a driver, they don't guarantee
|
||
<br>it's correct or promise to provide support, yadda yadda yadda).
|
||
<p>However, it does have one clause that concerns me. It reads:
|
||
<p>"The Receiving Party [the programmer] shall indemnify, hold harmless,
|
||
<br>and defend the Disclosing Party [Minolta] from and against any claims,
|
||
<br>liabilities, damages and suits, including reasonable attorney's fees,
|
||
<br>that arise or are related to any program created under this
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<br>Declaration."
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<p>It's the bit about defending Minolta that troubles me. This seems
|
||
to
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<br>suggest that if someone cooks their scanner using my driver and sues
|
||
<br>Minolta about it, I'm responsible for Minolta's legal fees. While
|
||
I
|
||
<br>suppose that's only fair, it's troubling, since naturally I don't have
|
||
<br>money to spare for Minolta's laywers. Have any other people
|
||
<br>experienced or had to deal with similar clauses in NDA's with other
|
||
<br>companies?</blockquote>
|
||
I've dealt with NDA's numerous times as I am a consultant
|
||
<br> here in Silicon Valley.
|
||
These NDA's are obviously for the
|
||
<br> client's protection in the event that an individual
|
||
(agent) can't hold
|
||
<br> the company liable for any problems that could arise
|
||
and,
|
||
<br> of course, so that the agent doesn't give away trade
|
||
secrets.
|
||
<br> This, however, does not mean that there is a transference
|
||
<br> of liability to said programmer in the event that
|
||
something
|
||
<br> goes awry. And certainly
|
||
none if there is NO compensation
|
||
<br> involved from the client to the programmer for the
|
||
specific task
|
||
<br> of writing this driver.
|
||
<p> If the programmer then in turns gives away this code
|
||
for free
|
||
<br> within the public domain - there is no implied warranty
|
||
of
|
||
<br> any kind, especially if there is no compensation.
|
||
(Which
|
||
<br> is why it is a could idea to state this in the headers
|
||
of the
|
||
<br> source code).
|
||
<p> Now, if the client in turn decides to reincorporate
|
||
this
|
||
<br> "free" driver back into their product line they
|
||
are taking
|
||
<br> responsibility for its use - since they, in essence,
|
||
are
|
||
<br> charging their customers for it.
|
||
By that point, they
|
||
<br> should have fully tested this system.
|
||
Then say if someone
|
||
<br> takes the client to court because of some "disastrous"
|
||
<br> problem, they can not pull the originator of the
|
||
code into
|
||
<br> court for defense purposes since they are using
|
||
what at
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<br> that point is "public domain" material.
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<p> My 2 cents.
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<p> vjp
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<br>
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<br>
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<blockquote TYPE=CITE>
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<p>David
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<p>--
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<br>Source code, list archive, and docs: <a href="http://www.mostang.com/sane/">http://www.mostang.com/sane/</a>
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<br>To unsubscribe: echo unsubscribe sane-devel | mail majordomo@mostang.com</blockquote>
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<pre>--
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===================+==================================
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Vincent Parrilla | parrilla@ix.netcom.com
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===================+==================================</pre>
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</html>
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--------------183448D52A6D0700ADFE0607--
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|
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--
|
||
Source code, list archive, and docs: http://www.mostang.com/sane/
|
||
To unsubscribe: echo unsubscribe sane-devel | mail majordomo@mostang.com
|
||
</pre>
|
||
<!-- body="end" -->
|
||
<p>
|
||
<ul>
|
||
<!-- next="start" -->
|
||
<li> <b>Next message:</b> <a href="0138.html">Michael Wein: "snapscan310, aha152x(05), de-pnp'd"</a>
|
||
<li> <b>Previous message:</b> <a href="0136.html">Kevin Charter: "Re: transparency option on snapscan1236"</a>
|
||
<li> <b>Maybe in reply to:</b> <a href="0134.html">David Rose: "Minolta releases SCSI specs!"</a>
|
||
<!-- nextthread="start" -->
|
||
<li> <b>Next in thread:</b> <a href="0139.html">Matto Marjanovic: "Re: Minolta releases SCSI specs!"</a>
|
||
<!-- reply="end" -->
|
||
</ul>
|