Mark Janssen wrote: > >> It doesn't have to say so, if it's not charging any money -- there's no > >> expectation that you're getting anything at all! > > > > Of course there is. If Oprah Winfrey stands up and publicly says that > > she's giving you a car, FOR FREE, no strings attached, and then gives you > > a piece of old bubblegum, you have standing to sue for breach of promise. > > If she gives you the car, but puts it down as a *prize* rather than a > > gift, then there is a big, hefty string attached: income tax. > > But you see, there's the critical difference. First of all you're > making two errors in your comparison. Firstly, a *person* is saying > that she's going to *do something for you*. She's making a promise. > If I put a piece of software online -- you're taking it! That's #1 > (!)
Theoretically isn't putting a piece of software "online" akin to publishing it? Following that logic, then there is the possibility of arguing an implicit promise that the software does what it is supposed to. Any bugs would be the responsibility of the developer. On a separate note, even if the judgment supports your view and the developer is never responsible for damages, will you still not be responsible for any court/lawyer fees? And getting those fees paid by suitor will likely be another court case. ~Ramit This email is confidential and subject to important disclaimers and conditions including on offers for the purchase or sale of securities, accuracy and completeness of information, viruses, confidentiality, legal privilege, and legal entity disclaimers, available at http://www.jpmorgan.com/pages/disclosures/email. -- http://mail.python.org/mailman/listinfo/python-list
