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[News] Why Proprietary Software Has Liability Advantage Over GNU/Linux/Free Software

  • Subject: [News] Why Proprietary Software Has Liability Advantage Over GNU/Linux/Free Software
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Sat, 05 Jun 2010 15:29:08 +0100
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.4.2
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Washing the windows myths. Legal liability.

,----[ Quote ]
| Software defects? Well, according to windows 
| xp professionals eula there is plenty of 
| wriggle room. I quote
| 
|     LIMITED WARRANTY FOR PRODUCT ACQUIRED IN 
|     THE US AND CANADA. Microsoft warrants 
|     that the Product will perform 
|     substantially in accordance with the 
|     accompanying materials for a period of 
|     ninety days from the date of receipt.
| 
| Notice the key word substantially? That is 
| their escape hatch. Even if you find a bug 
| and wish something done about it under 
| warranty, what is done is entirely up to 
| microsoft.
| 
| In fact, if you really read, I mean really 
| read the eula, microsoft have covered their 
| rear ends any which way from here to kingdom 
| come. There is no way you can bring legal 
| action against them, no way you can claim 
| damages and you don't have a snowballs chance 
| in the Sahara of winning if you did try.
| 
| Not just microsoft either, as I mentioned 
| before, just about every software is produced 
| as is. No ifs, buts or maybes. Either take it 
| or leave it, like it or lump it. You have no 
| hook to hang your legal coat on. So to anyone 
| who tries to bring out that legal liability 
| myth I simply go phffft!
| 
| This myth is just another FUD campaign to 
| scare people away from open source. It holds 
| no water and is as transparent as glass and 
| just as fragile.
`----

http://it.toolbox.com/blogs/locutus/washing-the-windows-myths-legal-liability-39109


Recent:

UK Court Says Software Company Can Be Liable For Buggy Software

,----[ Quote ]
| That said, software liability has been a hot
| topic in Europe lately, and now Slashdot points
| us to the news that the UK High Court has ruled
| that a software company can be liable for buggy
| software. More specifically, the court found
| that a clause in the license agreement, which
| said it would not be liable for defects was
| found to be an unfair contract term.
`----

http://www.techdirt.com/blog/itinnovation/articles/20100513/0053499408.shtml
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