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If the software is free (no cost), I don’t think it would count as a sale. It would apply to paid software though. (It also doesn’t apply if it costs more than
by rmccue 9y ago
If the software is free (no cost), I don’t think it would count as a sale. It would apply to paid software though. (It also doesn’t apply if it costs more than $40k though, since that’s no longer a business-to-consumer transaction.)
- shakna 9y agoIt wouldn't be a sale anyway, it's a contract, and contracts aren't required to transfer monetary means, only benefits. If the free software includes analytics or automatic bug reporting, then the company has a significant benefit, so the contract is active. Other things may also make such a contract live. However, unfair terms in a contract, such as MIT's no warranty or claim under any circumstances, would simply get ignored. The entire contract isn't void if unfair terms are present, just those terms. I should probably note, the last time I explored this area, the only software licenses I could find that had decent legal terminology where the Creative Commons, everyone else tends to forget to precede broad statements with classifiers like "to the extent permittable by law".