[Fwd: Germany]

[Angelo Schneider]

 Hm,
 
 Microsoft is the cause of the Mellissa Virus and similar Viruses (I
LOVE
 YOU).
 In germany currently a several Billion Dollar/EURO case is prepared
 against Microsoft. Because the lack of security of the Office/Outlook
 software and the so caused loss in time/money for the affected
 institutions of those viruses.
 
 AND sure we have more than one leg to stand on. The same is true in the
 united states. Of course you have implied warranties. Or do you think
 you can say: "Here is software, I have written it. Pay me some dollars
 and you may use it. But I OWN it, still. Nope, I'm not liable if it
 hurts your computer :-)"
 
 Sure you are liable. However the GNU license says: you may use it on
 your own risk. And as you do not pay, its like: you may swim here on
 your own risk, its my coast and my land and the water is at my cost but
 if you swim there, its on your own risk.
 
 This are two different issues.
 
 Angelo

 
> SamBC wrote:
> >
> > > ----------
> > > Von:  SamBC[SMTP:SAMBC at NIGHTS.FORCE9.CO.UK]
> > > Gesendet:     Freitag, 26. Januar 2001 19:49:28
> > > An:   John Cowan
> > > Cc:   alexander.eichler at wfm.de; license-discuss at opensource.org
> > > Betreff:      Re: Germany
> > > Diese Nachricht wurde automatisch von einer Regel weitergeleitet.
> > >
> > ----- Original Message -----
> > From: "John Cowan" <jcowan at reutershealth.com>
> > To: "SamBC" <sambc at nights.force9.co.uk>
> > Cc: <alexander.eichler at wfm.de>; <license-discuss at opensource.org>
> > Sent: Friday, January 26, 2001 6:28 PM
> > Subject: Re: Germany
> >
> > > SamBC wrote:
> > >
> > >
> > > > It is a problem in many nations, UK being the easiest example, where
> > > > there are several 'implied warranties' that cannot be denied,
> > succintly:
> > > > merchantability, fitness for a particular purpose, and damages
> > > > liability.
> > >
> > > All this, however, is not merely a problem for the GPL or OSS software
> > > in general.  All software is essentially sold without warranty
> > > protection of any sort, insofar as the jurisdiction permits.
> >
> > Which most don't!
> >
> > >
> > > If you expect that Microsoft Word (to choose an example at random) has
> > > to have any more function than an old leaky boot, you don't have a leg
> > > to stand on.
> >
> > If MSWord, through 'poor workmanship', causes corruption/loss of data
> > which has financial value in any way, you do have a leg to stand on in
> > the UK, due to the coupling of implied warranty (fitness for purpose)
> > and difficulty of disclaiming liability in the UK
> >
> > >
> > > > via PROMINENT NOTICES that CANNOT BE MISSED (excuse caps, easiest
> > way to
> > > > enforce point).
> > >
> > > Exactly while almost all software licenses SCREAM their disclaimers.
> >
> > But these are shrink-wrap EULA's, to bring up a general problem. Money
> > is already spent, and the shop doesn't have to refund you if you refuse
> > to agree to the license, because the product is still fit for the
> > purpose for which they sold it, your tough titty if you refuse to use
> > it...
> >
> > >
> > > > It is
> > > > taken that software is the same as any other product, covered by
> > these
> > > > warranties. However, one of the assumptions the GPL works under (and
> > is
> > > > not a very safe one) is that people will read the disclaimer, and be
> > > > sensible, or believe it to be true.
> > >
> > > In addition, recovering the purchase price is rather pointless.
> >
> > I was making a general point
> >
> > >
> > > > A defending lawyer would make a good
> > > > case that the failure of the software was at best a semi-deliberate
> > > > ploy, as they new that it was not full-scale commercial stuff.
> > >
> > > Probably won't work, because the commercial stuff is just the same.
> >
> > One legal statement that may work is to state the intended purpose of
> > the product, and state it as something pathetic, so people can't sue
> > when it is used for another purpose and make a mess.
> >
> > The end result, at least in the UK, is that disclaiming liability is not
> > a legal step, but it can help cover you at least partially, as you have
> > warned the person. Sorry I wasn't so succinct before.
> >
> > SamBC
> 
> --
> 
> Please support a software patent free EU, visit
>                              http://petition.eurolinux.org/index_html
> 
> ----------------------------------------------------------------------
> Angelo Schneider         OOAD/UML         Angelo.Schneider at oomentor.de
> Putlitzstr. 24       Patterns/FrameWorks          Fon: +49 721 9812465
> 76137 Karlsruhe           C++/JAVA                Fax: +49 721 9812467

-- 

Please support a software patent free EU, visit 
                             http://petition.eurolinux.org/index_html

----------------------------------------------------------------------
Angelo Schneider         OOAD/UML         Angelo.Schneider at oomentor.de
Putlitzstr. 24       Patterns/FrameWorks          Fon: +49 721 9812465
76137 Karlsruhe           C++/JAVA                Fax: +49 721 9812467