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- Path: sparky!uunet!olivea!spool.mu.edu!agate!linus!linus.mitre.org!linus!mbunix!eachus
- From: eachus@goldfinger.mitre.org (Robert I. Eachus)
- Newsgroups: comp.lang.ada
- Subject: Re: New Arcadia/IRUS AFLEX-AYACC release
- Message-ID: <EACHUS.93Jan7193852@goldfinger.mitre.org>
- Date: 8 Jan 93 00:38:52 GMT
- References: <9301061627.aa17219@Paris.ics.uci.edu> <1993Jan7.075406.6948@sei.cmu.edu>
- <79378@hydra.gatech.EDU>
- Sender: news@linus.mitre.org (News Service)
- Organization: The Mitre Corp., Bedford, MA.
- Lines: 55
- In-Reply-To: jm59@prism.gatech.EDU's message of 7 Jan 93 16:24:51 GMT
- Nntp-Posting-Host: goldfinger.mitre.org
-
-
- Two maybe three legal issues here. (I'm not a lawyer and I don't
- play one on TV... And in any case my knowledge of the law of
- merchantability, such as it is, was right at one time in ONE of the
- United States.) First does any warrant of merchantability reside
- in any free software product? Probably not. (A warrent of
- merchantability is that the product is usable for the purpose for
- which it is SOLD.) What if someone charges for disks/tapes of such
- software? The implicit warranty is that the software on the disk is
- what it was sold as. (i.e. If I sell you a copy of a piece of free
- software written by someone else, the only warranty that I see is that
- it is a proper copy of the right software. But, if I adverise it as
- the greatest C compiler since sliced bread, not gcc 3.2.2 then I am
- sticking my neck out.--Again, I am not a lawyer.) What about a
- company or organization that sells copies of its own free software?
- As long as the price charged is identified as a copying/media fee, the
- organization is probably safe.
-
- Finally what about denials (not limitations) of implicit warrants
- of merchantability in disclaimers? If they were put in by a lawyer,
- get a better lawyer, if they weren't written by a lawyer, delete them!
- The wording in the alex/ayacc warranty reprinted below, far exceeds
- the limits as I learned them, but may be okay for free software since
- it says provided not sold. (Such a document could be taken as prima
- facie evidence of lack of good faith in many juristictions, thereby
- bringing the implied warranty into full force. Again, I am not...)
- The format I learned was:
-
- This product is sold as a fabbitz for frozbizzing {or
- whatever}..., and is warranted free from known defects {except...}.
- The manufacturer warrents that this product, if used in accordance
- with...will {do what we say it will} and if not the manufacturer
- agrees to refund or replace...for a period of... This warranty takes
- precedence over all other warranties express or implied.
-
- In other words, by providing an explicit warranty of
- merchantability, it is possible to supercede (and limit) the implied
- warranty. As long as such a warranty is made in good faith, it will
- hold up. (But don't hide known bugs, and don't deny claims made in
- advertisements.)
-
- The Acadia non-warranty:
-
- > THIS SOFTWARE IS PROVIDED ``AS IS'' AND WITHOUT ANY EXPRESS OR
- > IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
- > WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
-
-
- --
-
- Robert I. Eachus
-
- with Standard_Disclaimer;
- use Standard_Disclaimer;
- function Message (Text: in Clever_Ideas) return Better_Ideas is...
-