Subject: Re: Software License Sound Bites, Version 0.1
To: Curt Sampson <cjs@cynic.net>
From: Karl O . Pinc <kop@meme.com>
List: netbsd-advocacy
Date: 07/18/2002 01:21:04
On 2002.07.18 00:06 Curt Sampson wrote:
> On Wed, 17 Jul 2002, Karl O . Pinc wrote:
> 

> For something in the public domain, on the other hand, as I pointed out
> before, I don't see that there *can* be a contract created, because
> there is no consideration to one of the parties, so all the conditions
> that come along with the existence of a contract wouldn't apply.
> 
> However, I'm quite willing to be corrected on this, if you've got
> an argument with some supporting evidence.

Ok, you've explained liability disclaimer in the BSD license and why
it continues to be used.  Why does every other license also disclaim
liability (X11, Apache, etc.)?  I think it's because if it comes from
you, you're liable by default unless there's a disclaimer.
If somebody's handing out free hot dogs, and it turns out they've
sat in the sun too long and everybody gets food poisoning, the
man handing out the hotdogs can get sued.  It may come down to
whether there's reason to believe the man would have known there's
a problem with the hotdogs.  Do you have any reason to believe
there might be a problem with your code?  You bet you do.  There's
always bugs.

IANAL and I'm not interested in becoming one.  I too am willing to be
corrected on this.  If you want to come up with a counter example,
feel free.

Karl <kop@meme.com>