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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