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From: David Abrahams (dave_at_[hidden])
Date: 2002-11-30 14:41:03

Terje Slettebø <tslettebo_at_[hidden]> writes:

>>From: "David Abrahams" <dave_at_[hidden]>
>> It is my understanding that warranting something that turns out to be
>> false offers the author less protection than warranting nothing at
>> all.
> Right. So saying anything about no infringement on known patents, could then
> be a false sense of security. It won't help anyone using the code, and it
> might make more risk for the claimer.
> Yet, if no disclaimer, of any kind (not just patents) are made,
> couldn't that give less protection? What I mean is like a quote from
> earlier in this thread:
> "This software is provided without express or implied warranty, and
> with no claim as to its suitability for any purpose."
> Without it, someone _might_ sue, because there was no disclaimer. However, I
> guess this is up to lawyers to assess, whether it would be an advantage or
> not.

Yes, IIUC. We have to do a delicate dance between disclaiming so much
that it discourages use, and disclaiming so little that authors are
more exposed. The disclaimer doesn't make it impossible to sue, but it
does make it a little harder to make a case. Lots of companies have
multi-page disclaimers in an attempt to reduce their risk to zero.

                       David Abrahams
   dave_at_[hidden] *
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