Date: 17 Jan 2002 13:29:16 -0800 From: swear@blarg.net (Gary W. Swearingen) To: Terry Lambert <tlambert2@mindspring.com> Cc: j mckitrick <jcm@FreeBSD-uk.eu.org>, freebsd-chat@FreeBSD.ORG Subject: Re: Software warranty and liability Message-ID: <e0vge0sm37.ge0@localhost.localdomain> In-Reply-To: <3C47349E.E15FA8B2@mindspring.com> References: <20020117173804.A4333@dogma.freebsd-uk.eu.org> <3C47349E.E15FA8B2@mindspring.com>
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> j mckitrick wrote: > > Does anyone else find it interesting there are lobbyists fighting to > > force GPL software to come with a warranty, while most proprietary > > developers have an EULA that protects them from nearly all liability? <FUD> It's even more interesting if you think, as I do, that the GPL and BSDL licenses have gigantic liability loop-holes that typical EULA licenses don't have. One may legally obtain/posess/own/execute copies of GPL'd and BSDL'd software without having accepted or even seen their licenses and thus without having agreed to the terms or signed up to the waiver of liability or the claim that the software is as-is and without warrantee. So, free software might alreay have some warrantee, at least in some legal jurisdictions. </FUD> Actually, I suspect (but have no evidence) that courts would treat free (including public domain) software's liability/warrantee exposure pretty-much the same regardless of what the license says or doesn't say. As to what that exposure might be, the only evidence we have is that we know of nobody having even been sued over such matters. (However, we DO know about the liability of free, open source public swimming pools.) To Unsubscribe: send mail to majordomo@FreeBSD.org with "unsubscribe freebsd-chat" in the body of the message
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