On Wed, 27 Aug 2003 19:19:05 -0300, Fabio Gomes de Souza <[EMAIL PROTECTED]> said: > This is an entire crap. Everyone knows that a contract cannot override > the law. If the law tells that the manufacturer of a product should be > liable for its product's failures, then the manufacturer will be, > regardless of any stupid contract the manufacturer and the consumer > sign. I cannot, for example, sign a contract which gives me the right to > kill you, because the contract is overriding the law.
There's just one little problem with your logic: Unless the law specifically prohibits disclaimer of liability, there's nothing illegal about a clause that does so. And in the best "be careful what you wish for, as you may get it", you might want to go back and re-read clause 11 and 12 of the GPL, Version 2, and ask yourself if *ANY* GPL'ed software would get released if that clause was illegal. If it was in fact illegal to disclaim liability, clause 7 would totally prohibit you from distributing it *AT ALL*. Then there's the issue of mom-n-pop software shops and small consulting firms - they can't hide behind a "we're giving it away for free" clause in the hypothetical law, but they'd be insane to stay in business without software liability insurance. How many insurance companies are offering *THAT* at rates a 2-5 person consulting firm can afford?
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