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Re: RE-PROPOSED: The Dictator Test



On Sat, Jul 10, 2004 at 08:36:12PM +0100, 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.
> 
> As I see it, the warranty disclaimer isn't a condition of the licence.
> It's a notice.

While I believe this is true in the US, for somewhat obscure and
frankly rather silly reasons (precedent, not legislation), in the UK
they only work if they are part of the license. (Notably this means
that if there is no license, the warranty disclaimer is invalid, and
statutory warranty applies).

-- 
  .''`.  ** Debian GNU/Linux ** | Andrew Suffield
 : :' :  http://www.debian.org/ |
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