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Re: OSD && DFSG convergence

Thomas Bushnell, BSG writes:
 > 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.  

Oh well.  I guess if you were to talk to a lawyer you might get a
different opinion.  I don't think I'm going to be able to convince
you.  In some jurisdictions, yes, you don't need to form a contract to
disclaim warranty.  In others, you do.  You don't *need* to lock a
file before writing to it.  It's just the smart thing to do if you
expect some other process to be writing to it at the same time.
Similarly, you don't *need* a contract to disclaim warranty --
sometimes the warranty disclaimer alone is sufficient!  And sometimes
you won't munge your file if you don't lock it!

If you talk to a lawyer, he's going to advise you to 1) disclaim
warranty, and 2) form a contract.

 > >  > 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.

In general, you can contract around warranty law.

Obviously we disagree here.  Don't believe me.  I'm not a lawyer.
Don't believe yourself, because you're not a lawyer either.

-russ nelson              http://russnelson.com | A government does enough
Crynwr sells support for free software  | PGPok | wrong to offset what it
521 Pleasant Valley Rd. | +1 315 268 1925 voice | does right.  Better that
Potsdam, NY 13676-3213  | +1 315 268 9201 FAX   | it should do less.

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