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IANAL, but the license includes both a a disclaimer of warranty and a limitation of liability. Further I think to sue you need to demonstrate actual harm. Abs
by JackFr 4y ago
IANAL, but the license includes both a a disclaimer of warranty and a limitation of liability. Further I think to sue you need to demonstrate actual harm. Absent a security breach, for which you might get a day in court, they haven't harmed you.
Stop using their software. Stop bullying people with lawyers.
> This is a perfect test case.
Indeed, and maybe your legal theory fails.
- ncmncm 4y agoThere are plenty of jurisdictions where such a disclaimer is void. France, for example, probably. Or anyway somewhere in Europe. News that Apache had been forbidden to perform downloads to France, and then more places, might help raise awareness that it shouldn't be downloaded at all, nohow. Maybe it would even push Apache to stop offering it entirely, and to link to the Libreoffice site instead.
- shakow 4y ago> There are plenty of jurisdictions where such a disclaimer is void. France, for example, probably I would be surprised, as such disclaimers are included in the official French flavor of the GPL family (http://cecill.info/licences.fr.html); http://cecill.info/licences.fr.html); section 8.2.
- jltsiren 4y agoI would assume that the disclaimer protects the copyright holder but not the distributor. The European approach to consumer protections is generally more about ensuring that things are safe by default than about warnings and disclaimers. A lot depends on the expected competence of the target audience. If you distribute professional tools directly to professionals, they can be expected to read the warnings and understand that misuse could be dangerous. If you market and distribute something to the general public, ensuring safety is your responsibility.
- shakow 4y ago> I would assume that the disclaimer protects the copyright holder but not the distributor. Why assume when you could check? Because the license text shows that you're wrong, just read section 8.2 once again.