Generic Simple License

Forrest J. Cavalier III mibsoft at mibsoftware.com
Tue May 23 21:23:03 UTC 2000


> Because disclaiming implicit warranties and all liabilities has to be 
> done explicitly and prominently. If the disclaimers are removed, then 
> it is neither explicit nor prominent--so the disclaimers are probably
> unenforceable.

So what changes if the second party removes the disclaimers
despite the statement to propagate them?  Same loss and lawsuit.

How can the second party create more liability for the authors?
What is the remedy for the authors?  Sue the second party?  I
don't think so, but justice often doesn't follow "common sense."

I know there are a handful of legal theories of liability,
so I'd like to know more about the underpinnings here.

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And what about releasing it to the public domain?  Where is
the liability then?  Authors would say "Here is a program in
the public domain, it comes with no warranty."  Same second
party distribution.  Same third party loss and lawsuit?
Who's liable?

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I am not a lawyer either.  But since the lawyers find a way
to keep law in our lives, we non-lawyers are forced to
discuss law.




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