Re: OSD && DFSG convergence
Thomas Bushnell, BSG writes:
> Russell Nelson <email@example.com> writes:
> > Thomas Bushnell, BSG writes:
> > > Russell Nelson <firstname.lastname@example.org> 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.