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Simon Waters wrote: > Neil Williams wrote: > >> Free software (and most open source) comes with absolutely no warranty, >> not even fitness for purpose. >> > > I suspect if you buy free software in the UK, it comes with a fitness > for purpose guarantee from the seller, since the sale of goods act > requires that goods must be fit for purpose. Actually, no. I've just finished a module called Legislation in the Computing Industry in university, and this covered software warranties and agreements. Software is covered by the Supply of Goods and Services Act 1982, as software is deemed a service, not a tangible good. However in the case of St Albans v ICL, the judge commented that the media on which the software was supplied *could* conceivably be considered under the Sale of Goods Act - http://www.ipit-update.com/ictcon03.htm That doesn't help of course if you download the software, for example. As far as software is concerned there is a minefield of options for warranty, shrink-wrap, click-wrap, etc. The question in my mind arises 'what if the primary language of the license (in the case of shrink-wrap the one visible on the front) is not that of the purchaser. Can they still be bound by terms and conditions they are unable to understand? I suppose one argument is that if you don't understand the license/warranty, you shouldn't buy the item. It's a point that could be argued though IMHO. Also for a contract to exist, one of the conditions is Consideration, in monetary terms. Obviously there is no problem with Open Source software that has been paid for, but I'm not sure how free as in 'no payment' software fares with this condition. Kind regards, Julian -- The Mailing List for the Devon & Cornwall LUG http://mailman.dclug.org.uk/listinfo/list FAQ: http://www.dcglug.org.uk/linux_adm/list-faq.html