Re: Minolta releases SCSI specs!

Ben Laurie (ben@algroup.co.uk)
Tue, 21 Dec 1999 19:09:48 +0000

David Rose wrote:
>
> I've been in communication with Minolta for well over a year regarding
> the release of the SCSI programming specs for their scanners. Today
> it looks like they finally came through.
>
> I received an email today, that reads (in part):
>
> > We think we found a solution to help you. Minolta is, at last,
> > ready to disclose film scanner SCSI protocol specifications
> > for customers who requested such information free-of-charge
> > basis. SCSI protocol specifications for Dimage Scan Dual,
> > Dimage Scan Speed, Dimage Scan Elite and Dimage Scan
> > Multi are made available.
>
> They will release the specs to me under NDA. It looks like a fairly
> standard NDA to me (I'm not to show the specs to anyone or use them
> for any purpose other than to write a driver, they don't guarantee
> it's correct or promise to provide support, yadda yadda yadda).
>
> However, it does have one clause that concerns me. It reads:
>
> "The Receiving Party [the programmer] shall indemnify, hold harmless,
> and defend the Disclosing Party [Minolta] from and against any claims,
> liabilities, damages and suits, including reasonable attorney's fees,
> that arise or are related to any program created under this
> Declaration."
>
> It's the bit about defending Minolta that troubles me. This seems to
> suggest that if someone cooks their scanner using my driver and sues
> Minolta about it, I'm responsible for Minolta's legal fees. While I
> suppose that's only fair, it's troubling, since naturally I don't have
> money to spare for Minolta's laywers. Have any other people
> experienced or had to deal with similar clauses in NDA's with other
> companies?

Yep, its a fairly standard thing to put in (to various contracts, though
I've never seen it in an NDA before), and I agree it is as worrying as
hell, but:

a) If you don't agree, you'll never get the SCSI specs

b) It does say "reasonable" and I'd guess that has to include your
ability to pay

c) Surely you can achieve complete aviodance of the issue by adding the
usual "this s/w is not fit for any purpose blah, blah"?

d) If there were no such clause, and someone fried their scanner and
sued Minolta, Minolta could (would?) still come after you, and there'd
be no "reasonable" involved, right?

e) I am not a lawyer.

Cheers,

Ben.

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