Re: [License-discuss] Are limitation/disclaimer of warranty clauses legally non-binding due to missing browsewrap/clickwrap agreement?

2019-03-24 Thread Thorsten Glaser
Patrick Schleizer dixit: >It is an established fact in case history that Terms of Service are only The warranty disclaimer is not terms of “service”, it’s a condition on the licence on the work, issued to the general public on the condition that they accept it. Since copyright is by default, the

[License-discuss] Are limitation/disclaimer of warranty clauses legally non-binding due to missing browsewrap/clickwrap agreement?

2019-03-24 Thread Patrick Schleizer
It is an established fact in case history that Terms of Service are only upheld by courts when they are presented to users in a conspicuous way through a browsewrap or clickwrap agreement. [1] [2] Users of Open Source Software are in most cases in my experience not presented either a browsewrap or