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Re: RE-PROPOSED: The Dictator Test



Edmund GRIMLEY EVANS wrote:
> Josh Triplett <josh.trip@verizon.net>:
> 
>>Good point about warranty disclaimers, though.  Assuming you acquired
>>the software lawfully, then you would have the right to use the
>>software, and the right to sue the author if it didn't work, so this
>>test as written would prohibit warranty disclaimers.
> 
> A typical warranty disclaimer doesn't prohibit you from suing the
> author; it just makes it less likely that you would win if you did.

Good to know.  I assumed that any attempted suit over software with a
warranty disclaimer would be seen as meritless and thrown out immediately.

> As I see it, the warranty disclaimer isn't a condition of the licence.
> It's a notice. Usually there is a condition of the licence that
> requires that notice to be preserved, but the disclaimer itself isn't
> saying that you must do or this or must not do that if you distribute
> the software. In particular, the GPL warranty disclaimer is presumably
> supposed to have some kind of effect even if you don't copy the
> software and therefore don't use the licence.

That makes sense; I had assumed it was a license condition, but a notice
makes more sense.  That also explains why the BSD license says "list of
conditions and the following disclaimer"; the disclaimer isn't a
condition or a license clause.

> Also, if anyone is going to get sued, isn't it more likely to be the
> distributor than the author? I would guess that the disclaimer in the
> GPL is of more value to Red Hat, say, than Joe Hacker, and I rather
> suspect that the authors of the GPL had distributors rather than
> authors in mind when they wrote that part.

Not necessarily; Joe Hacker stands to lose far more than Red Hat,
because Joe Hacker cannot necessarily afford a lawsuit.

- Josh Triplett

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