prohibiting use that would result in death or personal injury

Derek J. Balling dredd at megacity.org
Sat Jul 22 22:44:31 UTC 2000


At 2:47 PM -0700 7/22/00, Rick Moen wrote:
>begin Derek J. Balling quotation:
>
>>  The contention is, though, that in some jurisdictions, that disclaimer
>>  is NOT valid and enforceable, whereas a "you may not use this in
>>  <condition>, <condition>, <condition> types of situations" IS.
>
>Yes, I'm aware of that.  What I was trying to suggest, without getting
>into gory detail, was that there will always be inappropriate-usage
>situations not on the proscribed list, and that the only long-term
>protection lies in judges correctly concluding that the up-front
>disclaimer of warranty (whether locally-enforceable or not) combined
>with the complete lack of payment make assignment of liability to
>the copyright-holder inequitable.

You seem to misunderstand and believe that the "correct" ideal for 
your jurisdiction matches the "correct" conclusion for all other 
jurisdictions.

Unfortunately, it is a Reality that NOT all areas have the same legal 
requirements (and I suspect some EXPLICTLY state contrary to what you 
and I may consider the Ideal). In those cases, the software-author is 
Boned(tm), unless the license forbade the use in the first place.

D



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