GPL Issue

Shlomo Zalman Heigh szh1 at szh1.com
Mon Sep 20 19:59:29 UTC 2010


Thank you very much for the responses.
Shlomo Zalman Heigh
Extreme Image Converter <http://extremeimage.sf.net>



On Mon, Sep 20, 2010 at 3:54 PM, Cinly Ooi <cinly.ooi at gmail.com> wrote:

> Dear Shlomo,
>
>
> On 20 September 2010 20:37, Shlomo Zalman Heigh <szh1 at szh1.com> wrote:
>
>> The GPL says that the user is not required to accept the license. If my
>> user doesn't accept the license, and (I assume) he can still *use *the
>> software without *distributing *it, if there is a bug that damages his
>> computer, can he sue me for it? If so, is there a license that doesn't have
>> this issue?
>>
>
> Well, if the user does not accept the license, he cannot use the software,
> with this I mean he cannot do either of the two activities ('use' and
> 'distribute') you described. Period.
>
> There is no get around it. It is a leave it or take it situation.
> Especially true since GPL claims it is a copyright license subjected to
> copyright law, not EULA which is subjected to contract laws.
>
> Well, All licenses, including GPL has a boiler plate statement you find in
> all license disclaiming liabilities. For GPL it is section 15 (Disclaimer of
> Warranty), 16( Limitation of Liability and 17 (Interpretation of Sections 15
> and 16).
>
> Until someone got sued because he/she introduce a bug that damages others'
> computer. We will not know where we legally stands on the issue of bug
> damage, regardless of whether you are GPL or not.
>
> Usual IANAL disclaimer.
>
> Best Regards,
> Cinly
>
>
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