On Thu, Jan 26, 2006 at 01:09:42PM +0400, olive wrote: olive> Yorick Cool wrote: olive> >Er, no. There is an automatic warranty in sales, but you can contractually olive> >dismiss it. And licensing software is not selling it. I do concede olive> >that that to which you refer is a common (but erreoneous) perception. olive> olive> You can't contractually dismiss it in tne European Union. I have found olive> for example the following reference: olive> olive> http://mineco.fgov.be/protection_consumer/councils/consumption/pdf_avis_2002/262.pdf olive> olive> It is well mention "obligation de garantie" (compulsory warranty). If olive> you buy a CD at the local store; you have the two year warranty whatever olive> the "license" on the CD claim. It is probably the person who have sell olive> you the CD who must provide the warranty; not the author of the software. Beware, what you are citing is an opinion, and not the actual legal framework. But more importantly, it deals with consumer protection (la loi sur les pratiques du commerce du 14 juillet 1991 in Belgium), which, for various reasons which I explore in my article, is not applicable to software licenses. You are correct in your analysis of the warranty of the CD, but only insofar as you are talking about a warranty on the physical object, not on it's contents. Hence a vendor has to warranty that the CD has no scratches and so on, but does not warranty that the software on it is flawless. Again, I refer you to my article. I'm sending it to you privately. If anyone else is interested, send me a private mail (the article is in french).
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