I get that we have to work with the legal system details and that they may 
cause strange terms. Thanks for sharing some of those US details.

Isn’t there responsibility in putting tools out there publicly for anybody 
to use? Perhaps public distribution under the terms “don’t use this” is 
irresponsible and could be invalidated to the jury. I’m more concerned 
about the event that caused the court to be necessary though.

Can Sears laser engrave “this isn’t useful for anything” on their tools to 
avoid litigation due to poor craftsmanship? Is Sears responsible for poor 
craftsmanship causing injury if the Sears tool was bought second-hand at a 
garage sale?

Matt

On Tuesday, May 15, 2018 at 11:18:04 AM UTC-5, Matthias B. wrote:
>
> On Tue, 15 May 2018 06:39:40 -0700 (PDT) 
> matthe...@gmail.com <javascript:> wrote: 
>
> > I don’t think I’m suggesting to not disclaim liability. I’m 
> > suggesting to claim that I didn’t hide anything to make a use break 
> > on purpose. It does add liability, but this is liability that is 
> > completely in the author’s control unlike regular bugs or misuse that 
>
> That's where you are wrong. 
> The author has no control over WHAT OTHER PEOPLE CLAIM he did. 
> If he makes a statement that he didn't intentionally put bad things into 
> the code and bad things happen, he ends up having to prove that these 
> are actually bugs and not intentional. And if the developer is unlucky 
> enough to live in the US, this looks like this: 
>
> * a jury of 12 laypersons, with NO UNDERSTANDING OF CODE WHATSOEVER 
> * a very slick and convincing expert who says that he's reviewed the 
>   code and he's 100% certain that this is intentional and not a bug 
> * some awkward nerd claiming it's a bug 
>
> The 12 laypeople decide who they trust more based on their "soft 
> skills". 
>
> It's not a coincidence that this whole EULA and total disclaimer BS was 
> started by US organizations. The US legal system is pure madness and US 
> lawyers are like mosquitoes. If you leave just a tiny bit of skin 
> exposed, they'll smell it and will try to land on it to suck your 
> blood. Whatever drawbacks you perceive from the current language in 
> licenses is way less bad than the alternative. 
>
> MSB 
>
> -- 
> No man is more pitiful than the one who looks to the shadows for warmth. 
>
>

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