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How does this deal with things like open source licenses which explicitly state there’s no warranty, expressed or implied?
by colejohnson66 7y ago
How does this deal with things like open source licenses which explicitly state there’s no warranty, expressed or implied?
- Nextgrid 7y agoCould it be based on a sale, thus products obtained for free have no warranty? There’s also the argument that with open source code you had the chance to verify it in advance and notice any flaws, thus by obtaining the software despite that you’re acknowledging the flaws are “features” of the software.
- rahimnathwani 7y agoRemedies are only applicable to "Any buyer of consumer goods injured by a breach of the implied warranty". I suppose software might count as a consumer good when sold in tangible form (e.g. a boxed copy of TurboTax), but you're not a 'buyer' when you get software for free. And IANAL but a software licence (what you pay for when you 'buy' software online) doesn't seem like a consumer good. And even if the licence were a consumer good, the licence probably won't malfunction.