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. Data point: I can't scare up the reference at the moment, but The XFree Project, Inc., asserted that the warranty disclaimer was a "condition" of the MIT/X11 license. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is fur- nished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FIT- NESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE X CONSORTIUM BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. -- G. Branden Robinson | If the jury can count higher than Debian GNU/Linux | two, the case will fail. branden@debian.org | -- Tom Lane, on Forgent's claim of http://people.debian.org/~branden/ | a patent on JPEG
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