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re: NYT's contract to read their pages
I have received several requests about what I was referring to
when I said the New York Times uses the vilest of contract language
and imposes harsh liabilities to users of their web page.
As you read this extract of the agreement you must 'sign' to use
http://www.nytimes.com, ask yourself why the 'little people' must
sign away their assets to protect the big people -- the New York Times?
The indemnification clause place every user at risk of being hauled
into court over some purported breach, and you get to pay for all
the law fees incurred by the NYTs and for any damages.
The main issue is a matter of visibility. The New York Times is very
visible. Some copyright holder might go after the New York Times
because they are thinking "deep pockets." Those deep pockets turn
out to be your pockets.
I urge everyone to boycott the Times' web page.
> 5. REPRESENTATIONS AND WARRANTIES
>5.1 Subscriber represents, warrants, and covenants (a) that no materials of
>any kind submitted through Subscriber's account will (i) violate,
>plagiarize, or infringe upon the rights of any third party, including
>copyright, trademark, privacy or other personal or proprietary rights; or
>(ii) contain libelous or otherwise unlawful material; and (b) that
>Subscriber is at least eighteen years old. Subscriber hereby indemnifies,
>defends and holds NYTEMC and NYT WEB, and all officers, directors, owners,
>agents, information providers, affiliates, licensors and licensees
>(collectively, the "Indemnified Parties") harmless from and against any and
>all liability and costs incurred by the Indemnified Parties in connection
>with any claim arising out of any breach by Subscriber or any User of
>Subscriber's account of the Subscriber Agreement or the foregoing
>representations, warranties and covenants, including, without limitation,
>reasonable attorneys' fees. Subscriber shall cooperate as fully as
>reasonably required in the defense of any claim. NYTEMC reserves the right,
>at its own expense, to assume the exclusive defense and control of any
>matter otherwise subject to indemnification by Subscriber.
W. Curtiss Priest, Director, CITS
Center for Information, Technology & Society
466 Pleasant St., Melrose, MA 02176
Voice: 617-662-4044 BMSLIB@MITVMA.MIT.EDU
Fax: 617-662-6882 WWW: http://www.eff.org/pub/Groups/CITS