[License-discuss] Are limitation/disclaimer of warranty clauses legally non-binding due to missing browsewrap/clickwrap agreement?

[Thorsten Glaser]

Patrick Schleizer dixit:

>It is an established fact in case history that Terms of Service are only

The warranty disclaimer is not terms of “service”, it’s a condition
on the licence on the work, issued to the general public on the
condition that they accept it.

Since copyright is by default, there has to be a licence in order
for someone to do anything meaningful with it. Therefore, one has
to look up the licence, and to accept it means to be bound to both.

Of course, some warranties (malintent or gross negligence) cannot
universally be disclaimed.

IANAL, TINLA, but this _is_ a European view on things.

bye,
//mirabilos
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