Re: [License-discuss] License-discuss Digest, Vol 40, Issue 7
>If the endorsement clause is violated, that's a breach. But there >is no way to violate the disclaimer, and as noted it is not a condition. >It just tells you that you don't have certain rights you might >otherwise expect to have. I'm not sure there's grounds to distinguish the endorsement clause and disclaimer clause in this way. The wording of the BSD License says "1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer" and "2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution" I would argue that the disclaimer clause (as with the endorsement clause) is a condition as it goes to the root of the agreement to grant a license i.e. the licensor allows the code to be copied/modified but only if all liability is disclaimed. In any case, the license grantor could sue for damages, if someone were to attempt to "overwrite" the terms of the disclaimer in "redistributions" of downstream software. ___ License-discuss mailing list License-discuss@opensource.org http://projects.opensource.org/cgi-bin/mailman/listinfo/license-discuss
Re: [License-discuss] License-discuss Digest, Vol 40, Issue 7
Savva Kerdemelidis scripsit: > I'm not sure there's grounds to distinguish the endorsement clause and > disclaimer clause in this way. The wording of the BSD License says "1. > Redistributions of source code must retain the above copyright notice, this > list of conditions and the following disclaimer" Well, precisely. The parts of the license are three: notice, conditions, disclaimer. If the disclaimer were a condition, it would not be mentioned (twice!) separately from the conditions. If this argument doesn't convince you, I can only point to the unanimous practice of many large corporations who include BSD-licensed code into their proprietary software, and then offer warranties on that software. If it's good enough for them, it should probably be good enough for you. -- John Cowan http://www.ccil.org/~cowanco...@ccil.org A mosquito cried out in his pain, "A chemist has poisoned my brain!" The cause of his sorrow / Was para-dichloro- Diphenyltrichloroethane.(aka DDT) ___ License-discuss mailing list License-discuss@opensource.org http://projects.opensource.org/cgi-bin/mailman/listinfo/license-discuss
