Re: OpenSSL and GPLed programs
On 21 Jun 2001, Thomas Bushnell, BSG wrote:
> At the same time, it is wise to bend over backwards to
> make clear that one is disclaiming any implied warranty that might
> exist.
This depends which nation's law you are under. As I understood German law,
any clause if at a whole void, that disclaims too much. For example
someone told be, that the GPL's disclaimer of warrenty is void, as it
disclaims warrenty in case of damages, that the auther caused willingly or
by taking to less care.
(Though this only holds, if given as gift, if you sell, you can disclaim
even less, I was told).
> Since in general implied warranties can be disclaimed, it's good
> practice to disclaim them any time you don't intend to give them. You
> don't need any contract at all to disclaim those warranties; and in
> some jurisdictions there are implied warranties you are not allowed to
> disclaim. Whether those warranties apply to free software is
> something no court has ruled on AFAIK; I think it would be ludicrous
> to say they do apply, but you never know.
I was told, that there was some case in Germany already, that just merging
two programs together and give them away as gift, is "grob fahrlaessig"
(which could somehow translated with criminal stupid or some massive
careless) and you have to warrent, even if it was a gift.
Hochachtungsvoll,
Bernhard R. Link
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