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- Path: sparky!uunet!caen!nic.umass.edu!dime!sandy
- From: sandy@beeker.cs.umass.edu (Sandy Wise)
- Newsgroups: comp.lang.ada
- Subject: Re: Legal liability in the EC
- Message-ID: <SANDY.93Jan7100752@beeker.cs.umass.edu>
- Date: 7 Jan 93 15:07:52 GMT
- References: <9301061627.aa17219@Paris.ics.uci.edu> <1993Jan7.075406.6948@sei.cmu.edu>
- Sender: news@dime.cs.umass.edu
- Reply-To: wise@cs.umass.edu
- Organization: Organization? I thought entropy would take care of that...
- Lines: 34
- In-reply-to: firth@sei.cmu.edu's message of 7 Jan 93 12:54:06 GMT
-
- In article <1993Jan7.075406.6948@sei.cmu.edu> firth@sei.cmu.edu (Robert Firth) writes:
- As of 1993 January 1, all products distribuited within the European
- Community carry an implied warranty of merchantability, including
- all computer related products, and this warranty cannot be disclaimed.
-
- In most countries of the EC, in fact, it is illegal to attempt to
- disclaim this implied warranty; in the United Kingdom (at least),
- it is a *criminal offence* to do so.
-
- About time too, if you want my opinion.
-
- I'm not a lawyer, I'm a software engineer, so this opens a great many
- questions in my mind...
-
- What exactly are the implications of these required warranties... The
- ability to provide software "as-is" has been the foundation of the
- large and growing collection of freeware. If I am open to legal
- action because I was willing to offer a system to the community that I
- built and found useful for free (as the UCI Arcadians have done with
- Aflex and Ayacc). I suspect the response will not be to make efforts
- to protect myself by verification of the software but instead to not
- make it available.
-
- Before this gets blown all out of proportion, there are some additonal
- legal questions that should be answered... Is there law that limits
- the extent of damages? (Here in Massachusetts, if you sue a vendor you
- are limited to triple damages). If not, is it permissible to add
- language to the licence to limit the damages to some multiple of the
- purchase price (none)? Etc...
- /s
- --
- Alexander Erskine Wise /\/\/\/\/\/\/\/\/\/\/\/\ Software Development Laboratory
- /\/\/\/\/\/\/\/\/\/\/\/\/\/\ WISE@CS.UMASS.EDU /\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\
- \/\/\ This situation calls for large amounts of unadulterated CHOCOLATE! /\/\/\
-