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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

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