On Sat, 10 Jul 2004 13:01:32 -0700, Josh Triplett <[EMAIL PROTECTED]> wrote: > Edmund GRIMLEY EVANS wrote: > > Josh Triplett <[EMAIL PROTECTED]>: > > > >>Good point about warranty disclaimers, though. Assuming you acquired > >>the software lawfully, then you would have the right to use the > >>software, and the right to sue the author if it didn't work, so this > >>test as written would prohibit warranty disclaimers. > > > > A typical warranty disclaimer doesn't prohibit you from suing the > > author; it just makes it less likely that you would win if you did. > > Good to know. I assumed that any attempted suit over software with a > warranty disclaimer would be seen as meritless and thrown out immediately.
It should also be noted that in common law countries the disclaimer could help a distributor by disclaiming liabilities that are attached to any contractual relationship unless explicitly disclaimed. (I don't want to open the cans of worms of the contract/license discussion in this thread but assuming the worst i.e. license=contract this really could help). Damages resulting of deception or culpable negligence can't be disclaimed in common law countries, BTW. (AFAIK)
