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Re: What is source ?


From: David Kastrup
Subject: Re: What is source ?
Date: Mon, 21 Aug 2006 11:20:13 +0200
User-agent: Gnus/5.11 (Gnus v5.11) Emacs/22.0.50 (gnu/linux)

Alexander Terekhov <address@hidden> writes:

> Tim Smith wrote:
>> 
>> In article <address@hidden>, David Kastrup wrote:
>> > Competitors might try to sue for misleading advertising, but that's about
>> > it.  There are no warranties, implied or otherwise, coming with GPLed
>> > software.  The only person who has standing to sue for non-compliance is
>> > the copyright holder himself.  As a recipient of misleadingly
>> > GPL-labelled, or incomplete software, you can't sue your source for
>> > compliance.  You can only report this to the copyright holder, and he
>> > might consider action.
>> 
>> Well, there will be no cause of action under copyright law, but there might
>> be under contract.  
>
> In dak's damaged brain there is no contract/promises made by (initial) 
> GPL licensor that GPL licensees and subsequent GPL (sub)licensors can 
> rely on to fulfill their GPL obligations. He's a clinical case.

Uh, you lost that argument already.  Sulking about it does not change
that.

Here is a piece of the GPL:

                            NO WARRANTY

  11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.  EXCEPT WHEN
OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU.  SHOULD THE
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.

  12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED
TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.


-- 
David Kastrup, Kriemhildstr. 15, 44793 Bochum


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