Re: RE-PROPOSED: The Dictator Test
On 2004-07-12 05:26:00 +0100 Nathanael Nerode <neroden@twcny.rr.com>
wrote:
[...] If I remember correctly, implied
warranties are incurred by distribution, not by licensing, at least
in the
US. (Is this true in Britain as well?)
I'm not sure, but I believe they happen when any sale occurs or
contract exists.
Watford Electronics Ltd v Sanderson CFL Ltd [2001] EWCA Civ 317 (23
February 2001) off www.bailii.org.uk seems to show unfair terms being
struck, but a contract existed between parties and Unfair Contract
Terms Act is cited. Sale of Goods Act is also mentioned in the
judgement.
Now, in the UK, can you agree to the license for purposes of the
licensed
activities *without* losing your right to sue regarding any statutory
warranties which would cover fair dealing, library privilege, or other
always-permitted uses of the copyrighted work?
Yes, broadly, based on the above.
--
MJR/slef My Opinion Only and not of any group I know
http://www.ttllp.co.uk/ for creative copyleft computing
"Matthew Garrett is quite the good sort of fellow, despite what
my liver is sure to say about him in [...] 40 years" -- branden
Reply to: