Re: License silence on indemnity.

From: Bruce Hayden <bhayden[_at_]copatlaw.com>
Date: Fri, 26 Apr 1996 07:22:34 -0700

Martin Medeiros wrote:
>
> Can anyone point me to case where a licensor and a licensee
> (large commercial entity) entered into an agreement where the
> was no mention of indemnity and the licensor (a near monopolist)
> refused to address indemnity? The product turning out to infringe.

I don't have any case law available here right now, but I would look at implied warranties of title and noninfringement. This is of course assuming that the stuff wasn't sold "as is" or equivalent.

---

The preceding was not a legal opinion, and may not be my employer's. Original portions Copyright 1996 Bruce E. Hayden,All Rights Reserved. My work may be copied in whole or part, with proper attribution, as long as the copying is not for commercial gain.

---

Bruce E. Hayden                                  bhayden[_at_]acm.org
Austin, Texas                                    bhayden[_at_]copatlaw.com

Received on Fri Apr 26 1996 - 12:27:52 GMT