On Tue, 09 Apr 2013 00:39:21 -0700, Mark Janssen wrote: >> Where do YOU come up with the idea that you can't be sued if money >> didn't change hands? In what jurisdiction is that true? Unless it's >> true in every jurisdiction that the internet touches, I wouldn't trust >> it to protect me. > > I know, the legal system has us all under their thumbs. If I hand you a > rose, will you sue me because it doesn't smell like one?
Are you harmed by the fact that the rose doesn't have a scent? If there is no harm, there is no grounds for a lawsuit. What counts as harm will depend on the jurisdiction, but I'm not aware of any place where "I was disappointed that it didn't smell nice" counts as harm. Is there an implied promise that the rose I gave you will have a scent? I don't think so, there are many roses that don't have a scent. There is, however, an implied promise that the rose is safe. If I lace the rose with a toxic chemical, and you get sick after handling it, you probably could sue me even if the rose was a free gift. And so you should -- if I am stupid, careless or malicious enough to hand out toxic products that cause harm, I ought to take responsibility for my actions. If I won't take responsibility, then the law enforcement and legal systems ought to force me to take responsibility. > If no money > changed hands? I don't have to cite anything! This is argument of the > absurd and should be inadmissible. I love a good fantasy as much as the next guy, but I live in reality. In reality, people do have the expectation that products are fit for their purpose, and if they don't, some percentage of them will attempt to sue. For the sake of an extra dozen or so lines giving an explicit disclaimer, you can protect yourself from all but the most ignorant or malicious plaintiffs. Why would anyone rely on *wishful thinking* instead of a short, proven, effective legal licence? > Honestly, it's all because of this Novus Ordo Seclorum bullshit. You've dropped your tinfoil hat. Watch out, the CIA will start beaming thoughts into your head. -- Steven -- http://mail.python.org/mailman/listinfo/python-list
