[Date Prev][Date Next] [Thread Prev][Thread Next] [Date Index] [Thread Index]

Re: RE-PROPOSED: The Dictator Test



On Mon, Jul 12, 2004 at 08:23:22AM -0400, Michael Poole wrote:
> Branden Robinson writes:
> 
> > If an innocent bystander is harmed through the operation of defective Free
> > Software, how can he or she be held to the warranty disclaimer, given that
> > he or she never received the corresponding copyright license?
> 
> Can you elaborate on the situation you have in mind?  I would think
> that in general, the liable person would be either the one who put
> Free Software in the medical device (construction machinery, etc) or
> the one who operated the device (the immediate actor might be an agent
> for a company that would be liable).  Software by itself is pretty
> limited in how it interacts with the world, so it needs some enabler
> before its bugs could harm anyone.

Er, I think you're reinforcing my point rather than challenging it.

The point is that making a warranty disclaimer a condition of the license
wouldn't really do much to save the licensor from litigation anyway.

As with many license clauses that are attached without much understanding
of copyright law, it's either astoundingly overbroad, or almost completely
ineffectual for its intended purpose.

Whether or not licensor says "ah, quite right -- we'll get rid of that
clause, then" when we contact them with this information will do much to
tell us whether their intentions are DFSG-free.

"If you somehow *do* get a product liability lawsuit started against me in
the courts despite my disclaimer of warranty, I'll...countersue for
copyright infringement!"

Now recall that copyright infringement is a criminal act in the U.S. and
increasingly more jurisdictions.

Making it a criminal act to sue someone sounds like a pretty ghastly power
grab -- but maybe that's just me.

At the very least, the Dictator Test may be useful to tell us when we need
to contact the licensor to get clarification on the license's meaning.

-- 
G. Branden Robinson                |    Judging developers by the number of
Debian GNU/Linux                   |    changes they make is like judging a
branden@debian.org                 |    legislature by the number of laws
http://people.debian.org/~branden/ |    it passes.            -- Karl Fogel

Attachment: signature.asc
Description: Digital signature


Reply to: