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[LUG] Warranties are for mugs

 

Picking up on a theme from my earlier post, it is worth considering the
issue of warranties because it underlies some of the reasons why some
people are cautious about moving away from proprietary software.

Free software (and most open source) comes with absolutely no warranty,
not even fitness for purpose. Anyone who is surprised by this should
immediately read the licence information of their particular email
client or web browser. Most have it under the Help menu and it goes
something like this:

This program is free software; you can redistribute it and/or modify it
under the terms of the GNU General Public License as published by the
Free Software Foundation; either version 2, or (at your option) any
later version.

This program is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU
General Public License for more details.

This is actually very important - there is no warranty because there is
no legal basis to offer a warranty (you don't register when you install
it so upstream has no idea of who you are) and because the freedom of
the source code means that anyone can modify the code before it reaches
you, making it long-winded to identify precisely who would be
responsible for implementing the warranty.

This can scare people more used to the world of EULA's because they
feel that they want someone to sue when things go wrong. There are
significant problems with their view:

1. Just how many court cases have arisen from a user suing a software
provider for damage alleged to be caused by the software? Of those, how
many succeeded? Chances are, the enquirer does not work for the kind of
company that has the resources to sue a company the size of Microsoft.

2. Warranties are not blanket promises or blank cheques - warranties
are complex legal documents that try to *limit* the warranty to a very
specific subset of circumstances and commonly do not include the most
frequent or likely causes of incidents.

3. A software warranty is *completely* different from a software
support contract (which is actually what people mean by "having someone
to blame").

Free software DOES have software support contracts (ask RedHat) and
therefore, the point to raise in discussions of "who do I blame when
things go wrong with GNU/Linux" is simple: "Who can you blame now?
Microsoft? Don't think so. You could try blaming the support company
that sold you the software and/or installed it and guess what, you can
arrange precisely the same support contract for any free software."

Avoid comparisons with hardware warranties - software is not a physical
object, it can only be stored on physical media (like speech), it is
never a physical object in and of itself. (This has important
consequences for software "ownership".)

http://www.gnu.org/philosophy/why-free.html

"Cooperation is more important than copyright. But underground, closet
cooperation does not make for a good society. A person should aspire to
live an upright life openly with pride, and this means saying ``No'' to
proprietary software.

You deserve to be able to cooperate openly and freely with other people
who use software. You deserve to be able to learn how the software
works, and to teach your students with it. You deserve to be able to
hire your favorite programmer to fix it when it breaks.

You deserve free software."

--


Neil Williams
=============
http://www.data-freedom.org/
http://www.nosoftwarepatents.com/
http://www.linux.codehelp.co.uk/

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