piracy and oss

[Ben Pfaff]

Scott Wood <treii28@yahoo.com> writes:

> > I don't understand this argument at all.  Free software (I prefer
> > this term to "open source") can often be obtained at no cost at
> > all, not even the trouble of going out and finding a crack for
> > it.  How does this make it seem more expensive than proprietary
> > software?
> 
> I disagree to some extent here.  Nothing is free.  I pay $40 a month to keep
> connected to the internet.  I pay also for my system upkeep, storage and
> storage media, etc.

*shrug*  You pay those costs whether you use Windows 95 or
FreeBSD.  (You're not telling me you *only* use your Internet
connection to download free software, right?)  If we were in
Europe or Australia and got charged per-minute or per-byte for
Internet then the situation might be a little different.

> Equally notable, the lack of any implied or expressed
> warrantees or service agreements on open source is a 'cost' as
> well - no direct line of accountability to performance per
> specification or for 'fitness of purpose'.

You're telling me the situation is different for proprietary
software?  Wrong.  Here's a quotation from the Windows 98 EULA
that I dug up with a Google search:

           NO OTHER WARRANTIES.

       TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
       MICROSOFT AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES
       AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
       NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF
       MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
       AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT,
       AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
       SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
       RIGHTS.  YOU MAY HAVE OTHERS, WHICH VARY FROM
       STATE/JURISDICTION TO STATE/JURISDICTION.

           LIMITATION OF LIABILITY.

       TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
       EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY
       SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
       WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
       LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
       BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING
       OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT
       OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF
       MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
       DAMAGES. IN ANY CASE, MICROSOFT'S ENTIRE LIABILITY UNDER
       ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER
       OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE
       PRODUCT OR U.S.$5.00; PROVIDED, HOWEVER, IF YOU HAVE
       ENTERED INTO A MICROSOFT SUPPORT SERVICES AGREEMENT,
       MICROSOFT'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES
       SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE
       SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
       LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT
       APPLY TO YOU.

Here's a similar quote from the GNU GPL:

				   NO WARRANTY

	 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE,
       THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT
       PERMITTED BY APPLICABLE LAW.  EXCEPT WHEN OTHERWISE STATED
       IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
       PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND,
       EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
       TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
       FOR A PARTICULAR PURPOSE.  THE ENTIRE RISK AS TO THE
       QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU.
       SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF
       ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

	 12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR
       AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY
       OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM
       AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
       INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR
       CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY
       TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF
       DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED
       BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO
       OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR
       OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
       DAMAGES.

Gee, that's a big difference.

> (to quote the consumer law term related to implied warrantees
> on all but 'as is' goods and services.  i.e. I have many time
> gotten exchanges and even won small claims bouts in court when
> non-tech-type sales guys 'claim' their latest widget is going
> to solve one of my problems)

Then the place you bought the widget hasn't got proper
disclaimers on their sales contracts.  I'm sure that this got
remedied as soon as you won your judgment.

*NO ONE* is stupid enough to offer anything beyond a very limited
warranty on consumer software.  Not Microsoft, not Linus, not
anybody.  It's just an invitation to bankruptcy.

> Conversely, most if not all open source software is by it's
> nature 'as is' - use at your own risk.

All software is that way.  You really expect to win a judgment
against Microsoft when your IIS is r00ted?  Then Code Red is
gonna cost them billions.

I don't have any objections to your other comments.
-- 
Positronic Functional Android Fabricated for Fighting