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Date:      Thu, 13 May 1999 18:36:32 -0400 (EDT)
From:      Thomas David Rivers <rivers@dignus.com>
To:        chat@freebsd.org
Subject:   Re: BSD, GPL, the world today.
Message-ID:  <199905132236.SAA44632@lakes.dignus.com>
In-Reply-To: <373B4B46.8DDE6A1E@softweyr.com>

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> > And, being a software manafacturer myself (see http://www.dignus.com) - the
> > thought of having legal responsibility for a potential problem in my
> > software (which you've mentioned, despite anyone's best efforts,  will
> > have bugs) is very scary.  I would want to pass that responsibility to
> > the developers who wrote it,  just as a bridge engineer is responsible
> > for the bridge he designs. 
> 
> I'm with you so far, and trust me, you ARE responsible for problems in 
> your software.  Anyone who can prove either negliegence or misintent can 
> sue you for damages regardless of how many feet of tiny type you put on 
> your packaging.

 We don't have any on-the-package licensing.. it's not shrink-wrap,
 that is... we're a lot more up-front than that.   As I understand it;
 the shrink-wrap license doesn't hold up in court; because you don't
 have an opportunity to agree to what the license says.

 I don't like the idea of shrink-wrap licenses, but I also don't
 like 20 page license agreements that take 5 lawyers to hammer out.

 Ours is a compromise between the two.



> 
> > Then, the developers would, presumably, have
> > to become licensed and have professional development/malpractice insurance...
> > which ultimately drives up the price of the software.
> 
> Would it really?  I think we just have a skewed idea of the total cost 
> of software.  How expensive is that $39 word processor when it crashes 
> and dumps the last four hours of your work into the bit bucket?  I think 
> a lot of current software has a much higher cost than we really account 
> for.

 That's a really good point - which, I'll admit, hadn't occurred to
 me before.  Seems like the software can "cost" more than the money
 that changes hands.

 Our software isn't sold, it's leased; and technical support is included
 in the yearly license...  So, if you have a problem with our software,
 you can call and get it fixed - you're not left hanging.


> 
> > So, as everyone else, we disclaim everything up-front in our license
> > agreement and sell our software at reasonable prices.
> 
> No, we sell it at prices that people are willing to pay for it.  They 
> might be willing to pay more, if they more fully understood the true 
> cost, but I doubt it.  Lets face it, MOST software is sold, or at 
> least oriented towards, those of us here the "land of the all you can 
> eat buffet."  All that crashware (not implying yours here!) isn't
> necessarily cheap, but it is flat-rate.  ;^)

 Yes - most of the software is just thrown out there...

	- Dave Rivers -


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