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Re: UnrealIRCd License (Click-Through issue)


On Mon, 01 Sep 2003, Mika Fischer wrote:
> Could you then comment on the quoted comment on a ruling in my first
> email?

This particular ruling is rather interesting, because the main issue
was the ability of the license agreement to compel arbitration, rather
than the generic warranty disclaimer. That is, the issue of the
applicability of Communicator's no warranty clause to the issues at
hand was not or had not been raised upon appeal.

Regardless, the question still has to be asked:

Is the notice of license used in a package or program sufficient to
place consumers on notice of the terms of said license?

I'd personally argue that the inclusion of a LICENSE file in the
source distribution, or a /usr/share/doc/<pacakgename>/copyright is
enough, at the very least, to put consumers on notice of the no
warranty clause pertaining to use of the software. Furthermore, the
absence of monetary exchange (eg, payment for the software) tends to
lend credence to the warranty waiver.

Finally, it could rather trivially be argued that the use of the
program establishes a contractual relationship between a consumer and
the developer or distributor. If the consumer were to argue that
he/she had not consented to the license, then a countersuit under
copyright law is a logical conclusion.

If you are seriously concerned about the warranty clause, etc. please
don't hesitate to talk to an attorney or solicitor.

Don Armstrong

If you wish to strive for peace of soul, then believe; if you wish to
be a devotee of truth, then inquire.
 -- Friedrich Nietzsche


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