discuss: No Warranty License.
David Johnson
david at usermode.org
Sat Feb 22 18:17:37 UTC 2003
Russell Nelson wrote:
> [ Please discuss this license. Is this discriminating against users
> in countries where warranty can be disclaimed? -russ ]
> If the following disclaimer of warranty and liability is not valid due
> to the laws in a jurisdiction then NO RIGHTS ARE GRANTED in that
> jurisdiction without the express written permission of the copyright
> holder.
My first take is that it violates definition 5.
But there's a bigger issue. The author doesn't want some "chuckle-head"
suing him, yet what's to prevent some chuckle-head author from suing
users under the same clause? What if I don't know if this warranty is
valid in my jurisdiction, and give the software to a friend? Will I get
sued because I didn't receive the right to distribute the software?
In addition, the warranty covers use of the software, yet I can obtain
the right to use the software without having to agree to the license.
David
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