On 2002.07.17 22:23 Curt Sampson wrote:
> On Wed, 17 Jul 2002, Karl O . Pinc wrote:
> 
> > Give it away by
> > putting it in the public domain, or by using no license at all opens
> > coders up to all kinds of problems.... In case you don't happen to
> > know, you can be held responsible for damage caused by your software
> > unless you use a license which prevents this.
> 
> Before I believe this, I would like to see a) the legal argument upon
> which you base this factoid, and b) any examples of cases where anybody
> has been held responsible for the results of the use of a public domain
> object by others.
> 
> As far as I know, there is certainly no implied warranty on goods that
> are not sold. I do not see how there could be a warranty without a
> contract, and since the author is receiving no consideration, I do not
> see how there could be a contract.

Sorry I don't have time to do as you ask.  Instead, read the new BSD
license.   Or just this part of the old BSD license:

THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS ``AS IS''
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Then ask yourself why everybody bothers to use it.  Strange
as it seems, there's a _need_ for the BSD license.

Karl <kop@meme.com>