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- Newsgroups: comp.lang.ada
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!cis.ohio-state.edu!news.sei.cmu.edu!firth
- From: firth@sei.cmu.edu (Robert Firth)
- Subject: Re: New Arcadia/IRUS AFLEX-AYACC release
- Message-ID: <1993Jan8.080230.22934@sei.cmu.edu>
- Sender: netnews@sei.cmu.edu (Netnews)
- Organization: Software Engineering Institute
- References: <1993Jan7.075406.6948@sei.cmu.edu> <79378@hydra.gatech.EDU> <EACHUS.93Jan7193852@goldfinger.mitre.org>
- Date: Fri, 8 Jan 1993 08:02:30 EST
- Lines: 21
-
- In article <EACHUS.93Jan7193852@goldfinger.mitre.org> eachus@goldfinger.mitre.org (Robert I. Eachus) writes:
-
- > First does any warrant of merchantability reside
- >in any free software product? Probably not.
-
- In the UK, very probably, yes. This was made explicit in the old
- original Sale of Goods act in 1880. Blackstone's summary reads:
-
- "In a sale or by sample, there is an implied
- warranty of merchantableness" [UK Law Times, 1885]
-
- This was further reinforced by a case in the 1930s whose details
- I forget but you can look it up. The distributor was a pharmaceutical
- company that gave free sample of its products to doctors as a means
- of advertising them. When one of them killed a patient, the company
- argued just that - there was no implied warranty because no sale.
- They lost. The issue is not whether you charge for the product, but
- the fact that you distribute it.
-
- Robert
-
-