Oh wow! Okay. That definitely covers #1.
That leads to a tangential, more general followup. The dev agreement provides a duty to
Duty to defend. You will defend, indemnify and hold harmless each
Covered Party, as applicable, from and against (including by paying
any associated costs, losses, damages or expenses and attorneys'
fees) any and all third party claims
All of the trusted FOSS licenses I'm aware of include language removing liability from
the author. For example, here's a snippet from ISC:
IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY ...
DAMAGES... IN AN ACTION OF CONTRACT...
ARISING OUT OF OR IN CONNECTION WITH... THIS SOFTWARE
To me, that seems like a direct contradiction. Is there any precedence for precedence
should a conflict arise? The safe route is clearly to avoid any agreements with
indemnification, but I am curious if it's swung one way or the other in court.
Also, because I wrapped links in parens without spaces in my original post, some of the
longer ones seem to be visually truncated and append the tailing paren on click. I'm
very sorry about that. If you click a link and archive says it DNE, remove the tailing
paren from the URL.