Re: BitTorrent Open Source License (Proposed Changes)

[Michael Poole <mdpoole@troilus.org>]

Ken Arromdee writes:

> On Sun, 31 Jul 2005, Michael Poole wrote:
>> It is not a fee: implicit warranty and similar liabilities are created
>> by law.  Where a warranty disclaimer applies, it is because the
>> relevant law allows that warranty to be disclaimed.
>
> I'm not sure that's a distinction.   After all, a fee applies when the relevant
> law allows a fee to be charged.

I apparently did not express what I wanted to.  For implicit
warranties, the law creates the cost and (at least sometimes) allows
that created cost to be disclaimed.  For choice of venue, the license
is what imposes the cost, and that is why it is forbidden by the DFSG.

Michael Poole