plain language disclaimer

[Paul Kienzle <pkienzle@kienzle.powernet.co.uk>]

Hi all,

Has anyone written a plain language disclaimer?  It bothers me to see such
redundant language on licenses, especially when they must appear in every
file.  I have a package ready to be distributed with Debian as soon as I
sort out the license.

Is "legalese" really a legal necessity, or is it just laziness and
conservatism?

Does a disclaimer have to be in uppercase?  Wouldn't the position at
the top of the file, together with a copyright notice and a simple plain
language license satisfy the requirement that the disclaimer be clearly
visible to the user?  

Here is the GPL disclaimer:

--------------------------------------------------------------------------

> BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE,
	Does the free license change the applicability of the law?
	And if it does, doesn't the fact that the license was provided
	for free immediately apply even if you don't mention that it
	was a free license in the disclaimer?

	> THERE IS NO WARRANTY FOR THE PROGRAM,
	Okay.

	> TO THE EXTENT PERMITTED BY APPLICABLE LAW.  
	Can it possibly be otherwise? 

So how about: THERE IS NO WARRANTY FOR THE PROGRAM.

> EXCEPT WHEN OTHERWISE STATED IN WRITING 
	Obviously.

	> THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM 
	"X and/or !X" == anybody.  Since we are talking anybody, then passive
	voice is perfectly acceptable: "THE PROGRAM IS PROVIDED"


	> "AS IS" 
	How can you provide something as it isn't?  Or might someone
	interpret TODO and BUGS as promises for future enhancements?

	> WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
	> INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
	> MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
	"any kind" includes all possible warranties.  
	"either expressed or implied" includes all possible warranties.
	"including, but not limited to" includes all possible warranties.
	"the implied warranties of merchantability and fitness" are implied
	    warranties, and they are already explicitly mentioned.

So how about: THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.

> THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU.
	What happens if someone convinces a judge that there are risks
	other than the the quality and performance of the program?
	Plus it is easier to understand.

So how about: USE THE PROGRAM AT YOUR OWN RISK.

> SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY
> SERVICING, REPAIR OR CORRECTION.
	I don't want to be liable for other people's legal fees associated
	with defects in my code, or any other costs not explicitly mentioned.

So how about: SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME ALL COSTS.

> IN NO EVENT 
	Okay.

	> UNLESS REQUIRED BY APPLICABLE LAW
	It cannot be otherwise.

	> OR AGREED TO IN WRITING
	Obviously

	> WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY
	> AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, 
	That's anybody who can legally provide the program to you since
	only the copyright holders and people who accept the terms and
	conditions of the GPL have permission to distribute the program.
	Can a license apply when someone illegally distributes the program?
	So how about: WILL ANYBODY

	> BE LIABLE TO YOU FOR DAMAGES,
	Okay.

	> INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
	> DAMAGES
	"general+special" == any
	"incidental+consequential" == any
	So how about: INCLUDING ANY DAMAGES

	> ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM
	Okay, but "including any damages ..." doesn't add any conditions
	to the already mentioned "damages".

	> (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED
	> INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A
	> FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS),
	The phrase "including but not limited to" doesn't add any conditions

	> EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
	> POSSIBILITY OF SUCH DAMAGES.
	Isn't "SUCH HOLDER OR OTHER PARTY" the aforementioned "YOU"?
	And isn't this as good a place as any to advise the user of the
	possibility of such damages. So how about "even though you are
	advised of the possibility of such damages".

So how about: IN NO EVENT WILL ANYBODY BE LIABLE TO YOU FOR ANY DAMAGES,
	EVEN THOUGH YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

---------------------------------------------------------------------------

So the GPL disclaimer can be reduced to:

THERE IS NO WARRANTY FOR THE PROGRAM.
THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
USE THE PROGRAM AT YOUR OWN RISK.
SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME ALL COSTS.
IN NO EVENT WILL ANYBODY BE LIABLE TO YOU FOR ANY DAMAGES,
EVEN THOUGH YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This is clearly redundant and awkward, so how about:

	This program is provided "as is" without warranty of any
	kind.  Use it at your own risk.

Thank you for your advice on this matter.

Paul Kienzle
pkienzle@kienzle.powernet.co.uk