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Re: FilterProxy and DFSG



Bob McElrath said:
> Jeffry Smith [smith@missioncriticallinux.com] wrote:

> 
> Well, the argument from a legal standpoint is all fine and dandy, but
> the fact of the matter is that I ABSOLUTELY do not want to go to court,
> for any reason.  Court battles are really suited to big corporations
> duking it out.  The little guy always loses.  And if he doesn't lose,
> he's ruined anyway, because he spent so much time and money on it.  I
> have better things to do with my life than fight some protracted legal
> battle over something that any idiot would say I have nothing to do with
> (read: how someone else uses my software).
> 
> The fact of the matter is that people have sued gun manufacturers, knife
> manufacturers, even storage manufacturers, over illegal acts performed
> by people with their products.  Now I agree this is stupid.  But
> sometimes the idiots win, and that's what I'm afraid of.

Unfortunately, in the US, anyone can sue anyone else for anything.  
Whether it wins or not is another thing, but you can't prevent them from 
trying (I'm an EMT, and this is one thing they pounded into our heads 
about liability - we're protected by Good Samaritan laws from them 
winning, but they can still drag our rears into court).
> 
> > Bottom line is that the law is the law, contracts don't modify it 
> > (remember that a contract must be for a legal purpose).  Also note that, 
> > without all elements of a contract, it could be argued that they didn't 
> > grant you that immunity, because they haven't agreed to the contract.
> 
> So rather than try to make sure the law isn't brain-dead (which wouldn't
> work anyway), I should just remind people what my software is intended
> for.  Sensible...

Sometimes it's the best you can do.  

> 
> > Best bet is to ask politely, deny all warranty (like the GPL does), possibly
> >  remind them they are responsible for following the law, and 
> > fight for sane laws.
> 
> "fight for sane laws".  Egad, when ever I get some money (read: finish
> my Ph.D.), my first donations will be to the ACLU and EFF.  Having to
> worry about these stupid laws is just...stupid.

Or write your congress-critters (write, not email).  Believe it or not, 
most of them hear NOTHING from their constituents on ANY bill.  Any voice 
is better than none.
> 
> Can anyone suggest a country with more sane laws?  It looks like they're
> all doing dumb things these days.  But then again, maybe I more
> attention to slashdot than I should.  Switzerland is nice...maybe I can
> get a job at CERN when I graduate.  ;)

Unfortunately with SW, you have the entire world to sue you.  Remember the 
Serenity Prayer:  "God grant me the courage to change what I can change, 
the patience to accept what I cannot change, and the wisdom to tell the 
difference."

jeff



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