[License-discuss] License-discuss Digest, Vol 40, Issue 7

[Savva Kerdemelidis]

>If the endorsement clause is violated, that's a breach. But there
>is no way to violate the disclaimer, and as noted it is not a condition.
>It just tells you that you don't have certain rights you might
>otherwise expect to have.

I'm not sure there's grounds to distinguish the endorsement clause and
disclaimer clause in this way. The wording of the BSD License says "1.
Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer" and "2. Redistributions in
binary form must reproduce the above copyright notice, this list of
conditions and the following disclaimer in the documentation and/or other
materials provided with the distribution"
I would argue that the disclaimer clause (as with the endorsement clause)
is a condition as it goes to the root of the agreement to grant a license
i.e. the licensor allows the code to be copied/modified but only if all
liability is disclaimed. In any case, the license grantor could sue for
damages, if someone were to attempt to "overwrite" the terms of the
disclaimer in "redistributions" of downstream software.
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