Why use Warranty Disclaimers?

[Oleksandr Gavenko]

On 2010-12-08 6:08, Chris Travers wrote:
> On Sun, Dec 5, 2010 at 6:22 AM, Oleksandr Gavenko<gavenkoa at gmail.com>  wrote:
>> Most OSI approved licenses contain Warranty Disclaimers.
>>
>> Suppose I put my code without Warranty Disclaimers into web
>> and don't sell/promote/advertise it and some one use it.
>>
>> Then this person can damage me in judgement?
>>
>> As example how I think: I make bench near my house
>> so it's free to sit by anyone. But some heavy man
>> sit and fracture his leg because bench work only
>> for 100 kg. I don't promote to sit but I don't
>> warn about 100 kg limit.
>>
>>
> IANAL but here is my understanding.  It's not the same issue as the
> bench issue at all.  Warranties in common law jurisdictions like the
> US are creatures of contract.  The bench is a very different question.
>
> The basic reasoning is that when you sell or otherwise distribute a
> product you are representing that the product is, among other things,
> fit for the use for which you are selling it.  If I buy a coffee cup
> from you that you advertise as a coffee cup, I expect that it isn't
> going to melt when I put hot water in it.  If I buy a hammer, I expect
> that it won't shatter when I try to pound a nail, etc.  So I represent
> that a product is fit for a use, and you buy it on that basis.  In
> essence these are elements that are assumed to be a part of the
> purchase contract.
>
Suppose I want only make my sources available to public (so some one
potentially can get their).

Because in case of sales I agree with your position.

In contrast to matter my sources is information
written in digital form
and without conscious decision (and appropriate action)
it can not make harm to other.

This like lecture, you get knowledge from lector, but he makes
mistake. With broken knowledge you try do something and fail with
loss. Can you sue lector? How about if he only accidentally
misspell in formula? Or if his lecture is free of cost and you
voluntary listener?

I afraid situation then our children hear from teacher on beginning of
every lesson that any his sentence can be non-true,
at least teacher does not guaranty that that all they true.

These arguments good work if discuss about sources and
bad work for binaries.

But stop demagogy ))

> Now, without a warranty disclaimer, some implied warranties (i.e.
> representations regarding the product) are assumed to be made when the
> product is distributed.  These include the representation that it's
> fit for a particular use, that it conforms to an ordinary buyer's
> expectations, and so forth.  Based on these expectations you buy the
> product.  If these are not the case, then the purchase transaction is
> invalid at very least.  Presumably damages could be awarded beyond
> purchase price in at least some cases.
>
> What a warranty disclaimer does is it clarifies how you are
> representing the program.  You are no longer saying you guarantee that
> it meets, for example, the expectations of an ordinary buyer, of that
> it is fit for a specific use.  Instead you are saying "try it and see"
> (which is particularly apt for software that you are getting for
> free).    This avoids the argument that you gave this software in
> exchange for something (viral marketing, or whatever might possibly be
> as weighty as a peppercorn in terms of consideration), and that the
> product did not conform to expectations, and hence you violated the
> contract with the downloader.
>
That is good if I sale program.

How about if I put it for free and don't promote it.

User can use search engine or his friend can recommend my program.
I state on my site that anyone can do anything with my program for free.



I carefully read only my local "On Consumer Rights Protection" low:

http://zakon.rada.gov.ua/cgi-bin/laws/anot.cgi?nreg=1023-12

It works only if I and another party make contract (written or oral)
and another party get product with receipt which prove
that contract take place.

How about anonymous download?