Bruce Perens wrote: >http://www.nysd.uscourts.gov/courtweb/pdf/D02NYSC/01-07482.PDF . > > This is the kind of case (the facts disclosed by the case - not the decision in the legal sense) which arises coz. you claim to provide the user with one thing, and take away something else without telling him. No amount of disclaimers will save you from liability in such a situation.
When you tell the user that he is getting a word processor, while in fact the program sends you copies of files created by the program, you are going to be faced with such situations. There is no use trying to shield yourselves with some warranty disclaimer, and that the user accepted the disclaimer is no excuse. This is quite different from a situation when you are providing something, let us say, which is capable of handling only ascii files, and call it a "word processor" while the user is looking for a Unicode aware program, a click through license *and* access to source code *might* help; especially if he (the user) does not tell you what he is looking for. Mahesh T Pai. ________________________________________________________________________ Want to sell your car? advertise on Yahoo Autos Classifieds. It's Free!! visit http://in.autos.yahoo.com -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3