4 ms·
Legal theory of operation for warranty disclaimers and damages exclusions---the ALL CAPS bits of old licenses---remains mostly speculation, especially with cont
by kemitchell 8y ago
Legal theory of operation for warranty disclaimers and damages exclusions---the ALL CAPS bits of old licenses---remains mostly speculation, especially with contract-license ambiguity. But most studied opinions I'm aware of, including my own, doubt that 0BSD, Unlicense, and other terms without terms-notice rules ensure meaningful protection. For evidence of a view even more skeptical than Blue Oak's, see section 8 of Apache 2.0:
https://www.apache.org/licenses/LICENSE-2.0#additional https://www.apache.org/licenses/LICENSE-2.0#additional
There are jurisdictions where the whole issue is moot, since meaningful warranties simply can't be disclaimed. But disclaimer, exclusion, and limits on liability are enforceable in many jurisdictions, including the vast majority of the United States.