Legal soundness comes to open source distribution
Mahesh T Pai
paivakil at yahoo.co.in
Sun Aug 4 09:34:31 UTC 2002
Bruce Perens wrote:
This is the kind of case (the facts disclosed by the case - not the
decision in the legal sense) which arises coz. you claim to provide the
user with one thing, and take away something else without telling him.
No amount of disclaimers will save you from liability in such a situation.
When you tell the user that he is getting a word processor, while in
fact the program sends you copies of files created by the program, you
are going to be faced with such situations. There is no use trying to
shield yourselves with some warranty disclaimer, and that the user
accepted the disclaimer is no excuse.
This is quite different from a situation when you are providing
something, let us say, which is capable of handling only ascii files,
and call it a "word processor" while the user is looking for a Unicode
aware program, a click through license *and* access to source code
*might* help; especially if he (the user) does not tell you what he is
Mahesh T Pai.
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