You miss the point entirely.....The issue is continuing to pretend that 03 06 is a solution for the WIN98 or WINME platforms wastes time. The answer was to use an earlier version 02 10 that doesn't have the compatibility issue and at the same time alert others not to waste their time trying out 03 06 for WIN98 and WinME. I corresponded with an author who wrote a project article in Circuit Cellar and he too was unaware if the issue so sadly many readers assumed 03 06 was viable for Win98 or WinMe. The article went to press and much time was wasted by readers trying this out on win98 winME. Some will want to fix 03 06 some will not, others will see it as a lost cause, but nobody wants to be misled.
So your only worried about wasting peoples time not fixing software.
Now as to warranties misrepresentation is not a warranty issue. You can't give a 4 seater Ford away with a back seat that spills the passengers onto the road and avoid culpability by saying it wasn't warranted. Nor can you say you ought to have bought a Chevy .If your Ford doesn't carry passengers you have to rip the seats out to avoid culpability.
When you receive the free 4 seater from ford with the broken back seat and there is a sign on the windows that says
"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. "
And you drive the car in the road and people are hurt, then I don't think you can blame ford. If you could then I don't think the FSF would exists because some would have.
Regards, -- Peter Jansen