

Mac and Cheese Maze Mystery Resolved - arrel
http://krazydad.com/blog/2014/07/18/about-that-mac-cheese-maze/

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Someone1234
They're surprisingly forgiving. If someone stole my IP and then utilised it in
a commercial product I might not be so forgiving.

That being said, it is a very happy outcome, $4K to food banks and the author
seems happy. Plus I'm sure Kraft's design company can write off the charitable
donation anyway.

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M2Ys4U
>If someone stole my IP

They didn't steal anything. They only infringed on the exclusive right granted
under copyright law.

Actually stealing IP is near impossible to do.

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chrismcb
But, was there an exclusive right granted? Copyright comes from creating
something, and not just the output of some computer program.

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stellar678
I wonder how enforceable that indemnity is. It seems to me that Kraft wouldn't
be able to protect their big pockets by passing off liability to a company
with relatively little in the way of assets.

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otterley
Indemnification clauses have been enforceable in contract law for a very long
time. (And contract law never takes one's assets into account when determining
whether a clause is enforceable, unless the agreement is deemed unconscionable
or contrary to public policy, which to my knowledge an indemnification clause
never has been.)

The clause in the contract doesn't mean that Kraft is immune to suit. But it
does give Kraft the ability to file a cross-claim against the design firm if
it is sued so that damages can be assigned to the design firm if necessary.
See Fed. R. Civ. Proc. 13(g).

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teilo
Good form, sir!

