Full Disclosure mailing list archives

Re: GOOD: A legal fix for software flaws?


From: Alexandre Dulaunoy <alexandre.dulaunoy () ael be>
Date: Fri, 29 Aug 2003 09:03:35 +0200 (CEST)

On Fri, 29 Aug 2003, Darren Reed wrote:

In some mail from Valdis.Kletnieks () vt edu, sie said:

There's just one little problem with your logic:

Unless the law specifically prohibits disclaimer of liability, there's no=
thing
illegal about a clause that does so.  And in the best "be careful what yo=
u wish
for, as you may get it", you might want to go back and re-read clause 11 =
and 12
of the GPL, Version 2, and ask yourself if *ANY* GPL'ed software would ge=
t
released if that clause was illegal.  If it was in fact illegal to discla=
im
liability, clause 7 would totally prohibit you from distributing it *AT A=
LL*.

Then there's the issue of mom-n-pop software shops and small consulting
firms - they can't hide behind a "we're giving it away for free" clause i=
n the
hypothetical law, but they'd be insane to stay in business without softwa=
re
liability insurance.   How many insurance companies are offering *THAT*
at rates a 2-5 person consulting firm can afford?

I, for one, would not cry if the law made it impossible to sell or
provide GPL'd software to people because it could not be provieded
with a disclaimer.

For your information, the GNU  General Public License is applicable in
the act of distribution. 

Th  warranty can  be an  additional contract  between the  buyer  of a
service and the  consulting firm. The GNU General  Public License is a
method  to protect  the four  freedoms of  free software.  It's  not a
method to define a warranty...

Sooner or later the software industry needs to grow up and take
responsibility for the crap that it unloads onto the world,
pretending it to be a product worth using.  GPL software especially.

Don't mix the license used and the quality of a software product, this
is not linked. They are crappy software under the GNU GPL and they are
excellent software under the GNU GPL. 

thanks,

adulau.

-- 
--                   Alexandre Dulaunoy (adulau) -- http://www.foo.be/
--         http://pgp.ael.be:11371/pks/lookup?op=get&search=0x44E6CBCD
--         "Knowledge can create problems, it is not through ignorance
--                                that we can solve them" Isaac Asimov



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