You can request MM to remove your code, and if you still wish to share it there
are a number of alternative CF related sites on which to upload it without
giving up your intellectual property.  Or market it yourself.

MM markets Dev Exchange for a subscription fee - which means it has to have
license to distribute all the content for which they are charging a fee.

=====================================
Douglas White
group Manager
mailto:[EMAIL PROTECTED]
http://www.samcfug.org
=====================================
----- Original Message -----
From: "Matt Robertson" <[EMAIL PROTECTED]>
To: "CF-Talk" <[EMAIL PROTECTED]>
Sent: Friday, March 07, 2003 6:17 PM
Subject: Re: Subject: MM will OWN my Devex Submissions?


| Good grief.  Here is the relevant excerpt from the license agreement.  This
wasn't there in the past.
|
| My cms uses and includes an ActivEdit license.   The license claims I have
granted MM the right to use my product's contents for free, and they have
expressly made me liable for any licensing fees owed for said use (see the
bottom paragraph).
|
| I can live with the non-commercial part -- thats why I upload stuff in the
first place.  However acknowledgement should be granted with regard to the
work's origination.  Mention of this is absent.
|
| The final paragraph implies that the preceding para's only take effect if an
upload off of MM's servers is the situation, meaning if you force a download
from your own site you retain your rights.  However this is vague and could be
construed against the developer.
|
| *WTF*??
|
| ------
|
| (b) You will indemnify and hold Macromedia harmless from any claim related to
the Submission including any claim by a third party that the Submission
infringes any copyright, patent, trademark, trade secret, rights of privacy or
publicity or any other intellectual property right. Your obligation to indemnify
Macromedia excludes any claims based on Macromedia-authored software.
|
| (c) Non-commercial Submission Only: With respect to the Non-commercial
Submission only, You hereby grant Macromedia a perpetual, irrevocable,
royalty-free and worldwide license to use, test, copy, modify, create derivative
works of, publicly display, publicly perform, distribute, license, sublicense,
offer to sell, sell, rent, lease or lend the Submission.
|
| (d) Commercial Submission Only: With respect to the Commercial Submission
only, You hereby grant Macromedia a perpetual, irrevocable, royalty-free and
worldwide license to use, test, copy, modify, create derivative works of,
publicly display, publicly perform or demonstrate the Submission, and/or place a
link to a website in connection with such Submission.
|
| IF YOU DO NOT OWN OR HAVE RIGHTS TO EVERY ELEMENT OF YOUR SUBMISSIONS
(EXCLUDING ANY MACROMEDIA-AUTHORED SOFTWARE), DO NOT UPLOAD THE SUBMISSIONS TO
MACROMEDIA. YOU WILL BE FINANCIALLY LIABLE TO ANY THIRD PARTY THAT OWNS ANY
ELEMENT OF YOUR EXTENSIONS!
|
|
|
| 
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~|
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