Re: RE-PROPOSED: The Dictator Test
On Sat, 10 Jul 2004 13:01:32 -0700, Josh Triplett <josh.trip@verizon.net> wrote:
> 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.
It should also be noted that in common law countries the disclaimer
could help a distributor by disclaiming liabilities that are attached
to any contractual relationship unless explicitly disclaimed. (I don't
want to open the cans of worms of the contract/license discussion in
this thread but assuming the worst i.e. license=contract this really
could help).
Damages resulting of deception or culpable negligence can't be
disclaimed in common law countries, BTW. (AFAIK)
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