On Fri, 10 Dec 2004, Eijiro Matsumoto wrote:

> By providing such Submissions to Tenable, you agree to assign
> to Tenable, at no charge, all worldwide rights, [...] You
> acknowledge that you, not Tenable, have full responsibility for
> the Submissions that you provide, [...]

I am afraid this sounds like "we get all rights, you keep all
liability". I can't say I like it.

One potential loophole is as follows: Tenable could (this is purely
hypothetical, I don't suggest they are going to do it, God forbid)
exercise its "all rights" to reuse the submission as a part of a
commercial service including some guarantees, and redirect all blame
back to the original author who "acknowledged full responsibility"
when anything goes wrong.

I think the following set of rules would be more appropriate:

- the author grants Tenable the rights to redistribute the submission
  in a form preserving its integrity and to use the information
  contained in the submission in any way

- the author is responsible for any 3rd party copyright violation etc. 
  caused by the redistribution of the submission

- Tenable redistributes the submission "as is" without any guarantee
  of correctness etc.

--Pavel Kankovsky aka Peak  [ Boycott Microsoft--http://www.vcnet.com/bms ]
"Resistance is futile. Open your source code and prepare for assimilation."



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