Date: Wed, 08 Sep 1999 14:20:08 -0700 From: Cy Schubert - ITSD Open Systems Group <Cy.Schubert@uumail.gov.bc.ca> To: Brad Knowles <blk@skynet.be> Cc: Dag-Erling Smorgrav <des@flood.ping.uio.no>, Pascal Hofstee <daeron@Wit401305.student.utwente.nl>, freebsd-questions@FreeBSD.ORG, freebsd-stable@FreeBSD.ORG Subject: Re: softupdates in latest build? Message-ID: <199909082120.OAA02710@passer.osg.gov.bc.ca> In-Reply-To: Your message of "Mon, 06 Sep 1999 19:30:56 %2B0200." <v0420552cb3f9a8f52804@[195.238.1.121]>
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In message <v0420552cb3f9a8f52804@[195.238.1.121]>, Brad Knowles writes:
> At 7:05 PM +0200 1999/9/6, Dag-Erling Smorgrav wrote:
>
> > Read /usr/src/COPYRIGHT.
> >
> > THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS ``AS IS'' AND
> > ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
> > IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
> > ARE DISCLAIMED.
>
> And as any lawyer can tell you, this doesn't mean anything. The
> sharks are slobbering all over themselves to nail Microsoft over the
> recent problems with hotmail, and FreeBSD Inc. could very easily be
> setting themselves up for a similar lawsuit. Especially since this
> was a change that was not very widely announced (I sure didn't see
> anything even in /usr/src/UPDATING, much less on any other web pages
> or anything else I've read so far), and this is a negative change
> from previous behaviour.
In such an event your customers would have the legal right to sue you.
They might try to sue a volunteer organization, e.g. FreeBSD, however
that might be a stiffer battle. You might opt to sue FreeBSD, however
that too might be an uphill battle. You as the service provider are
the one responsible for choosing a product and choosing the personnel
to install and maintain that product leaving you almost fully culpable.
Furthermore since FreeBSD Inc. is comprised of a group of volunteers
and has few if any assets, who would you sue and how much would you get?
In short, in this case the service provider would be mostly responsible.
For applications and services that, if compromised or interrupted,
could lead to litigation, one would be well advised to hire persons
with the expertise and have the paperwork to back up any decisions made
to avoid such law suits.
Regards, Phone: (250)387-8437
Cy Schubert Fax: (250)387-5766
Open Systems Group Internet: Cy.Schubert@uumail.gov.bc.ca
ITSD Cy.Schubert@gems8.gov.bc.ca
Province of BC
"e**(i*pi)+1=0"
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