Thomas Bushnell, BSG writes: > Russell Nelson <[EMAIL PROTECTED]> writes: > > > Thomas Bushnell, BSG writes: > > > Russell Nelson <[EMAIL PROTECTED]> writes: > > > > Then why do they disclaim warranties? You can't disclaim a warranty > > > > without forming a contract, and yet every free software license > > > > disclaims warranty. > > > > > > That's not true. > > > > What's not true? That there is a free software license which doesn't > > disclaim warranty? Feel free to prove me wrong by citing one. > > What's not true is that you can't disclaim a warranty without forming > a contract.
Oh well. I guess if you were to talk to a lawyer you might get a different opinion. I don't think I'm going to be able to convince you. In some jurisdictions, yes, you don't need to form a contract to disclaim warranty. In others, you do. You don't *need* to lock a file before writing to it. It's just the smart thing to do if you expect some other process to be writing to it at the same time. Similarly, you don't *need* a contract to disclaim warranty -- sometimes the warranty disclaimer alone is sufficient! And sometimes you won't munge your file if you don't lock it! If you talk to a lawyer, he's going to advise you to 1) disclaim warranty, and 2) form a contract. > > > Huh? Binding? What does the warranty disclaimer bind them to do? > > > > Accept the software as-is, or not use it. > > Hardly! They are by no means required to accept the software. They > can bitch and moan all they want. They can even file suit! The > warranty disclaimer has only whatever effect the legislature/courts > have decided it should have, over the warranties that they have > decided should otherwise exist. > > In general, warranty law has almost nothing to do with contracts. In general, you can contract around warranty law. Obviously we disagree here. Don't believe me. I'm not a lawyer. Don't believe yourself, because you're not a lawyer either. -- -russ nelson http://russnelson.com | A government does enough Crynwr sells support for free software | PGPok | wrong to offset what it 521 Pleasant Valley Rd. | +1 315 268 1925 voice | does right. Better that Potsdam, NY 13676-3213 | +1 315 268 9201 FAX | it should do less.
