Back in my post “Fun with Indemnification“, I used this phrase in my English translation:
You don’t ever pay me damages for any reason.
This was a bit of an overstatement. Just because the indemnification is not explicit in the contract, that doesn’t mean it can’t be invoked. (yes, that was the simplest I could make that statement.)
If the licensor did something malicious with the licensed music, and you were sued for that – you would probably be fine. The licensor did the awful things.
Which brings us to the next bit! If the contract says nothing about an issue, it is up to a judge to figure that out.
So, asserting (as I did in my English Translation) the negative case because of its absence is not correct.
I’m going to say it was for dramatic effect. :-)
This post may have been assisted by someone who may be an actual attorney. I will say nothing in the positive or negative sense about that.