Re: Bug#317359: kde: ..3'rd "Help"->"About $KDE-app" tab calls the GPL "License Agreement", ie; a contract.
Sean Kellogg said on Fri, Jul 08, 2005 at 02:11:24PM -0700,:
> some on the list, is that the GPL contains certain warranty waiver
> provisions that cannot be done in a pure license... which means
> there must be a contract and it must be agreed to (in the GPL's
> case, it is agreed to by conduct).
AFAIK, RMS & FSF are of view that software under the GPL does not
require an `I agree' button. Do not have a link ready on hand right
> Others on this list take a different view, but fail to explain how
> they avoid the warranty stuff.
I doubt if the warranties would be enforced by a reasonable judge
enforcing a reasonable legal system against a provider who provides
software by anonymous ftp/http and free of cost to boot, and does not
know that the plaintiff installed the software.
And, if the provider (1) took money *or* (2) knew that the software
would be used for a specific purpose; then I doubt any reasonable
court enforcing a reasonabl legal system will refuse the plaintiff's
claim, if the software indeed did not suit that purpose.
(My argument is likely to have holes in exceptional circumstances, but
will hold good 99% of the time, and anyway, I am not giving a legal
Mahesh T. Pai <<>> http://paivakil.port5.com
Resistance of the network is directly proportional to
the field strength of the intellectual property
- Moglen's Corollary to Ohlm's Law