On Sun, Jul 31, 2005 at 07:03:18PM -0700, Sean Kellogg wrote: > > > But, if I grant your point, and accept that the DFSG protects my right to > > > all those things, why doesn't it invalidate licenses that waive liability > > > to the distributor? Isn't that my inaliable right... a fee I must pay in > > > order to use the software... aren't I being descriminated against to the > > > benefit of the developer and distributor. Its an outrage, its > > > unexusable... but it is the way it is, and I fail to see a distinction > > > between libability waivers, venue clauses, or rights to jury trials.
> > It is not discrimination: every user is treated identically. > Same with the petting an animal... everyone has to do it. Did you know that > pre-18 years olds CANNOT agree to a waiver of liability? Seems waivers > descriminate against them. No, the local laws discriminate against them. TTBOMK, their legal guardian can still agree to such a waiver on their behalf. > > It is not a fee: implicit warranty and similar liabilities are created > > by law. Where a warranty disclaimer applies, it is because the > > relevant law allows that warranty to be disclaimed. > Personal jurisdiction and rights to a jury trial are created by law... > where venue clause and trial by jury waivers apply, it is because the > relevant law allows them to stand. Well, setting aside the urge to nitpick the difference between law, and a constitution... There are very real (though not *overly* probable) scenarios in which a hostile upstream can abuse a choice of venue clause to cause substantial harm to the Free Software community. In contrast, a "no warranty" clause seems to be strictly defensive. This is a difference between freedom from *being* wrongly sued by a copyright holder (choice of venue), vs. freedom *to* wrongly sue a copyright holder (waiver of liability). Is there some *practical* reason I'm overlooking why we should be concerned about a waiver of liability being a "fee" to those who receive Free Software? -- Steve Langasek postmodern programmer
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