Disclaimer for a script upload?

[user-7256]

Hi all,

Just wondering if this disclaimer for uploading a .zip file to an open-source site (flonds.com) is good enough?


By submitting this form and uploading a script, you agree and understand that: A) You are the sole owner/creator of this script; if it was a team project, then you agree that you are the manager/leader/director of the team, B) This script contains no malicious code of any sort that would in any way distort, delete, or otherwise alter data/hardware without user consent upon its operation, C) Flonds.com website and/or its partners/subaffiliates are not responsible for the execution of scripts or data loss/corruption that may occur, although we will do everything in our power to remove harmful code from our site, and we are not to be charged for any copyright violations, damages, or any result of and in this script being submitted. D) If you charge for this script, Flonds reserves the right to withold payment for any reason being if, e.g., the user is not able to be contacted or is not to be trusted with payment, and E) Flonds will withold 20% of each sale of this script if costing more than $0.00.


------------ Now, below, these are checkboxes:



[ ]I agree to these terms and will not hold Flonds responsible for any damage/harm done by this script/code/program.
[ ]My script/application/program abides by these terms and is safe for execution/use/altering.
[ ]I agree to the payment terms, and understand that if this script is not free, Flonds will recieve 20% of payments, and I 80% and my payment may be witheld with reason.



Does this offer me enough legal protection? I just want to make sure that it will keep me safe, since I have had 1 problem before... should I add a part to this disclaimer that says something about reserving the right to remove/alter the script's details once uploaded?

Thanks for any help/suggestions.
-Matt

 

[Refrozen]

Simply said, no.


You have little legal protection from an agreement like that, in my view. However, you may want to read up about the DMCA, because I believe you as an online service provider, would be protected anyways.




IANAL.

 

[user-7256]

K, thanks, but what's a DMCA? O.o

 

[omnia]

DMCA applies in USA.
The Digital Millennium Copyright Act of 1998

for the act itself:
www.copyright.gov/legislation/dmca.pdf

in layman's terms:
www.gseis.ucla.edu/iclp/dmca1.htm

 

[user-7256]

Okay, thank you! ^_^

 

[Refrozen]

DMCA applies in USA.
The Digital Millennium Copyright Act of 1998

for the act itself:
www.copyright.gov/legislation/dmca.pdf

in layman's terms:
www.gseis.ucla.edu/iclp/dmca1.htm

Great summary!

Highlights Generally:

· Makes it a crime to circumvent anti-piracy measures built into most commercial software.

· Outlaws the manufacture, sale, or distribution of code-cracking devices used to illegally copy software.

· Does permit the cracking of copyright protection devices, however, to conduct encryption research, assess product interoperability, and test computer security systems.

· Provides exemptions from anti-circumvention provisions for nonprofit libraries, archives, and educational institutions under certain circumstances.

· In general, limits Internet service providers from copyright infringement liability for simply transmitting information over the Internet.

· Service providers, however, are expected to remove material from users' web sites that appears to constitute copyright infringement.

· Limits liability of nonprofit institutions of higher education -- when they serve as online service providers and under certain circumstances -- for copyright infringement by faculty members or graduate students.

· Requires that "webcasters" pay licensing fees to record companies.

· Requires that the Register of Copyrights, after consultation with relevant parties, submit to Congress recommendations regarding how to promote distance education through digital technologies while "maintaining an appropriate balance between the rights of copyright owners and the needs