Subject: Re: [linux-audio-dev] Broadcast 2000 removed from public access
From: D. Stimits (stimits_AT_idcomm.com)
Date: Tue Sep 11 2001 - 05:09:09 EEST
Paul Davis wrote:
>
> >Well, that's really sad. Let's hope that some people may go on with the
> >previous GPL code...
>
> it also strikes me as mostly bullshit, though i'd want to speak to a
> lawyer before concluding that completely. GPL'ed software is almost
> universally made available with no warranty. as a post on slashdot
> points out, Microsoft could be sued up the wazoo if it weren't for its
> "no warranty" clause, and it never has been. why broadcast2000 would
> be any different, given its similarly worded no-warranty clause, i
> don't know. the key question for a lawyer would be how much it would
> cost to establish the validity of the no-warranty clause.
>
They are saying that "no warranty" on the license is not enough to avoid
responsibility in some cases. The company using the software has the
knowledge, but the investors don't, and apparently the investors are
succeeding in using the "deep pockets" idea of suing whoever is left
standing once the original company goes under. In an analogy, if you
were to give out free vodka, warning people not to drink and drive,
you'd probably still go to jail or lose a lawsuit when the drunk
actually runs over someone...whoever got run over is not bound by your
agreements with the drunk. It seems wrong that it should be happening,
but apparently financially concerned third parties are not bound by the
license between source author and business users of the source. Very
stupid indeed (or at least that's my interpretation in terms of computer
source...drunk driving is another story).
D. Stimits, stimits_AT_idcomm.com
> as for fears about IP infringement, thats a different story
> altogether, and a lot more justified in the current climate. i just
> hope that i can take on any such challenge if it comes toward ardour
> ... i intend to try.
>
> --p
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