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Re: OSD && DFSG convergence

Russell Nelson <nelson@crynwr.com> writes:

> Thomas Bushnell, BSG writes:
>  > Russell Nelson <nelson@crynwr.com> writes:
>  > > Then why do they disclaim warranties?  You can't disclaim a warranty
>  > > without forming a contract, and yet every free software license
>  > > disclaims warranty.
>  > 
>  > That's not true.
> What's not true?  That there is a free software license which doesn't
> disclaim warranty?  Feel free to prove me wrong by citing one.

What's not true is that you can't disclaim a warranty without forming
a contract.  

>  > >  > If they don't accept, fine!  They don't accept--and then they are
>  > >  > restricted by the copyright law (NOT by the license) and any further
>  > >  > copying is then illegal.
>  > > 
>  > > A warranty disclaimer is binding on the user of the software.  It has
>  > > nothing to do with copying the software.
>  > 
>  > Huh?  Binding?  What does the warranty disclaimer bind them to do?
> Accept the software as-is, or not use it.

Hardly!  They are by no means required to accept the software.  They
can bitch and moan all they want.  They can even file suit!  The
warranty disclaimer has only whatever effect the legislature/courts
have decided it should have, over the warranties that they have
decided should otherwise exist.

In general, warranty law has almost nothing to do with contracts.
Warranties are things that you have *despite* contracts, or
*independent* of contracts.  If they were all specified in contracts,
there would be no need for warranty law.

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