From mboxrd@z Thu Jan 1 00:00:00 1970 X-Spam-Checker-Version: SpamAssassin 3.4.5-pre1 (2020-06-20) on ip-172-31-74-118.ec2.internal X-Spam-Level: X-Spam-Status: No, score=-1.9 required=3.0 tests=BAYES_00 autolearn=ham autolearn_force=no version=3.4.5-pre1 Date: 13 Aug 93 02:01:58 GMT From: leviticus!karl@uunet.uu.net (Karl A. Nyberg) Subject: restrictions on warranty disclaimers? Message-ID: List-Id: I have specifically NOT limited the distribution, so we can hopefully get somebody on the other side of the pond involved. Attached is that message, dated 7 January. -- Karl -- In article <1993Aug12.215128.5930@colorado.edu> dennis@dennis.cs.colorado.edu ( Dennis Heimbigner) writes: > >In my recent announcement of the availability of the Q RPC system, >there was the following paragraph: > > WARNING: > We are given to understand that our warranty disclaimers > are not valid in the EC, even though we are not charging > for this software. Therefore, if you are a citizen of > the EC, we must request that you do not attempt to obtain > this software unless you have specific legal opinions stating > that our disclaimers are acceptable. > >We were prompted to include this because of a dialog >that occurred on comp.lang.ada some months ago. >The announcment then of the adamakegen program included >its warranty disclaimer. Someone posted a message >that said that such disclaimers were void in the European Community (EC). >There was some additional discussion about applying this law >to free software. From the discussion, it appeared to me that it >applied to all software, free or not. > >My question is: did I misinterpret that discussion? In the interim >have there been messages that have clarified the issue? In article <1993Jan7.075406.6948@sei.cmu.edu> firth@sei.cmu.edu writes: >In article <9301061627.aa17219@Paris.ics.uci.edu> irus-software-request@ics.uc i.edu writes: > >> THIS SOFTWARE IS PROVIDED ``AS IS'' AND WITHOUT ANY EXPRESS OR >> IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED >> WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. > >Since this message seems to have been posted with no geographical >restriction, perhaps a warning is in order. > >As of 1993 January 1, all products distribuited within the European >Community carry an implied warranty of merchantability, including >all computer related products, and this warranty cannot be disclaimed. > >In most countries of the EC, in fact, it is illegal to attempt to >disclaim this implied warranty; in the United Kingdom (at least), >it is a *criminal offence* to do so. > >About time too, if you want my opinion. -- Karl Nyberg -- karl@grebyn.com Grebyn Corporation -- 1-703-281-2194 P. O. Box 497 -- Yes, I speak for the company. Vienna, VA 22183-0497 -- I own it.