Linked by Thom Holwerda on Mon 7th Mar 2011 23:21 UTC
Legal Well, how about some positive news to end this day? How about annoying the heck out of the Business Software Alliance? There's a new proposal for a directive on consumer rights in the EU, and in it, digital goods - software, online services, and so on - are explicitly defined as goods that are no different than any other good - like bread, watches, or cars. In other words, you would suddenly own the copies of software you buy, effectively declaring the EULA as a worthless piece of paper. Surprise - the BSA is not happy about this.
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RE[2]: Flawed analogy
by WorknMan on Tue 8th Mar 2011 02:02 UTC in reply to "RE: Flawed analogy"
WorknMan
Member since:
2005-11-13

And there is the issue of open source software. Unless there is an exception, this effectively kills the "release early, release often" cycle.


Yeah, I was wondering what this would mean for FOSS, or even free (as in beer) software. Would you really want to release something for free in the wild if you knew that Joe Sixpack could sue you if it wrecks his computer somehow?

Reply Parent Score: 3

RE[3]: Flawed analogy
by obsidian on Tue 8th Mar 2011 02:16 in reply to "RE[2]: Flawed analogy"
obsidian Member since:
2007-05-12

IANAL but I guess that's where the disclaimer clauses like this one come in (this is from the M.I.T. license) -
"THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE."

I imagine that there will still be plenty of people willing to use FOSS.

Reply Parent Score: 6

RE[4]: Flawed analogy
by WorknMan on Tue 8th Mar 2011 02:56 in reply to "RE[3]: Flawed analogy"
WorknMan Member since:
2005-11-13

Well, from reading the article, I thought that was the point of all this... that if your software is defective, the new law would override whatever was in the license agreement, and you could still be liable.

Reply Parent Score: 2

RE[3]: Flawed analogy
by Lennie on Tue 8th Mar 2011 13:59 in reply to "RE[2]: Flawed analogy"
Lennie Member since:
2007-09-22

Did you pay for that software ? No ? But you still want to be compensated ? That is interresting...

My software is a gift to the community, you are free to use it and you are free not to use it.

Reply Parent Score: 3

RE[3]: Flawed analogy
by somebody on Tue 8th Mar 2011 18:50 in reply to "RE[2]: Flawed analogy"
somebody Member since:
2005-07-07

note that "customer" is used trough all legislation.

user and customer are 2 different points.

Reply Parent Score: 2