Question regarding a new local license approach

[David Webber (XML)]

Chuck,

I think it means that a solution would have to be underwritten by
a local Dutch company in-country, who then issue their own
license to cover the use their.

DW

----- Original Message ----- 
From: "Chuck Swiger" <chuck at codefab.com>
To: "Walter van Holst" <walter.van.holst at gmail.com>
Cc: <license-discuss at opensource.org>
Sent: Thursday, March 10, 2005 5:30 AM
Subject: Re: Question regarding a new local license approach


> On Mar 10, 2005, at 5:11 AM, Walter van Holst wrote:
> > On top of that,
> > in order to limit liability and warranties (oh, and BTW, there is no
> > difference between warranties, implied warranties and guarantees in
> > Dutch law, it is all either a guarantee or it isn't), you need a
> > contract. It is just impossible to have a user surrender rights to
> > claim damages by using a bare license.
> 
> What about CDDL clause #5:
> 
> "5. DISCLAIMER OF WARRANTY.
> 
> COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, 
> WITHOUT WARRANTY OF ANY KIND,  EITHER EXPRESSED OR IMPLIED, INCLUDING, 
> WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF 
> DEFECTS,  MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. 
>   THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE  COVERED 
> SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE  PROVE DEFECTIVE IN 
> ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER  OR ANY OTHER CONTRIBUTOR) 
> ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS 
> DISCLAIMER OF WARRANTY  CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. 
> NO USE OF ANY  COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER 
> THIS  DISCLAIMER."
> 
> Is this invalid under Dutch law, meaning that it is impossible to use 
> software covered by this license?
> 
> > There has to be a point where
> > the user can agree to the license or not (and there are restrictions
> > on the extent to which those rights can be surrendered in a contract).
> 
> I write and publish open source software, just like many other people 
> on this list who are developers.  I make that software available for 
> free, and in return I expect a disclaimer from warranty much as the 
> CDDL has above.  If your country's law does not permit that to take 
> place without having a contract signed between the two parties, I guess 
> that means people there are being excluded from a lot of Open Source 
> Software...?
> 
> -- 
> -Chuck
> 
> 
>