Ravicher, Daniel B.
DRavicher at brobeck.com
Mon Jan 29 19:31:09 UTC 2001
> -----Original Message-----
> From: David Johnson [mailto:david at usermode.org]
> Sent: Sunday, January 28, 2001 4:53 PM
> To: Ravicher, Daniel B.; Angelo Schneider;
> license-discuss at opensource.org
> Subject: Re: [Fwd: Germany]
> But are they really explicitly disclaimed? Or does one have
> to open up the
> shrink wrapped box in order to discover that there are no warranties.
The disclaimer is on the outside of the box.
> But not disclosing a disclaimer of warranty
> at time of sale
> is tantamount to fraud. You can sell as many copies of
> warranty-less BS
> Office as you want, and you'll have no problem with me. So
> long as the
> customer is made aware of that warranty-less state at the
> time of sale.
Agreed. Their can be no bargain based on fraud. However, if I do tell you
there's no warranty, I won't hear you complain later. It's the decision of
the consumer to purchase a warranty or not. [Have you ever tried getting
out of Circuit City after buying a new electronic without them trying to
push on you some "extended warranty plan"?]
> The only time the courts
> should be
> involved is when the consumer sues the producer for fraud. An
> example would
> be BS Inc representing BS Office as a merchantible product
> when it is clearly
> I don't expect you to offer a warranty with your rust-bucket
> used Pinto.
> However, if you represent to me that there is nothing wrong
> with your old
> Pinot, and it collapses in a heap ten feet out of your
> driveway, I want my
> money back. The courts step in if we cannot subsequently agree on a
> resolution. Perhaps there indeed was nothing wrong with your
> Pinto until
> thirty secons after the sale was finalized. Perhaps you were
> fully cognizant
> that it was a piece of crap and outright lied to me.
> I'm not arguing that you can't sell software without a
> warranty. But if you
> do you need to disclose to the school that your software is
> not warrantied to
> be fit for any purpose. Or in other words, make it clear to
> them that "all
> sales are final".
Agreed again. But once I tell them "no warranties; as is" they can't
complain later when the software crashes.
> But warranty is not support! As a school administrator, if
> you were going to
> sell me your software for $1 but couldn't even see your way
> to offering a
> money-back warranty, I would be very suspicious. If the
> software doesn't
> work, I'm not going to ask you to spend 100 man hours trying
> to fix it, I
> only want my $1 back.
Your suspicions indicate an educated consumer who might be willing to pay
more money for $1 back guarantee [for that matter, you might even be willing
to pay even more for a 100 man hour warranty]. Shouldn't you have that
> David Johnson
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