prohibiting use that would result in death or personal injury

[John Cowan]

Brian Behlendorf wrote:

> Are you sure in your jurisdiction that that applies to transactions
> without "consideration"?

Consideration is pretty much a matter of form, and a court can find consideration
almost anywhere.  For example, clause 3 of the Apache license would certainly be
consideration: in exchange for the right to use Apache as part of your
software, you have to put the name of the Apache Foundation somewhere
(though not as an endorsement or promotion).

> In fact, keeping this in the
> realm of copyright law and *not* contract law may be the clincher - do you
> have any evidence of someone writing a book on some subject, then being
> sued (successfully) when using the information in that book led to some
> unfortunate situation?

No.  But that won't save you if the court decides that software is for this
purpose more like a device (it does something) than a book (which just advises you
to do something).  In that case, consumer products liability law cuts
in, and that is heavily weighted toward the injured consumer.

-- 

Schlingt dreifach einen Kreis um dies! || John Cowan <jcowan at reutershealth.com>
Schliesst euer Aug vor heiliger Schau,  || http://www.reutershealth.com
Denn er genoss vom Honig-Tau,           || http://www.ccil.org/~cowan
Und trank die Milch vom Paradies.            -- Coleridge (tr. Politzer)