Re: RE-PROPOSED: The Dictator Test
I meant civil law, sorry.
On Sat, 10 Jul 2004 23:31:04 +0200, Patrick Herzig <patrick54@gmail.com> wrote:
> 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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