On Mon, 23 Oct 2000 18:01:17 +0200, Hrvoje Niksic said:
Huh? Can this really be true? In that case, why would anyone put
any
piece of software under PD?
Yes, it's true. And it's specifically *why* the BSD, X11, and similar
copyrights exist - if you put it in the public domain, you give up ALL
rights to it, including any right to say what happens with it in the
future, or to say that you can't be sued for problems with the software.
Why would anybody put anything under PD? Because they don't understand
the difference between "PD" and "a freely redistributable copyrighted
work".
On Mon, 23 Oct 2000 10:33:50 PDT, Per Bothner said:
There is no such clause in the GPL. There is a a non-warranty
*statement*, not an *agreement*.
Clause 11 of the GPL version 2:
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
Note that you accepted *that* clause as a condition of copying YOUR copy,
whereas most of the other clauses determine what you can/can't do when
passing it along to OTHER people.
such a statement in a public-domain document? (Of course someone
might remove it, but then they are the ones likely to get sued.)
Since public domain means *specifically* that you have voided all rights
to it, that includes the right to put that in a PD document and have it
actually MEAN anything.
> Thus, if you put code in the public domain, you're liable to
all
> sorts of legal nasties if it causes a problem for somebody.
You are always liable to all sorts of legal nasties. A non-warranty
clause is just a warning, it does not prevent anyone from suing or
even winning. It is just informational - though it is good to include it.
If it is included as part of a "by copying you accept these terms" copyright,
it's quite binding. A bug was found in the GPL recently, in that it *might*
be defeatable if the suit is filed in a jurisdiction that does not allow
the waiving of consequential damages. There was a discussion regarding
the Python license on Slashdot a while ago regarding this - basically,
the Python people wanted it interpreted according to the laws of the
Commonwealth of Virginia, which allows such waiving. The crux of the
matter is that everybody agreed it was a good idea, but it was unclear
whether it was an impermissible additional restriction on the GPL.
No, I didn't go back to see what the final resolution, if any, was. ;)
/Valdis