Subject: Re: prohibiting use that would result in death or personal injury
From: Rick Moen <>
Date: Sat, 22 Jul 2000 14:47:35 -0700

begin Derek J. Balling quotation:

> The contention is, though, that in some jurisdictions, that disclaimer
> is NOT valid and enforceable, whereas a "you may not use this in
> <condition>, <condition>, <condition> types of situations" IS.

Yes, I'm aware of that.  What I was trying to suggest, without getting
into gory detail, was that there will always be inappropriate-usage
situations not on the proscribed list, and that the only long-term
protection lies in judges correctly concluding that the up-front
disclaimer of warranty (whether locally-enforceable or not) combined
with the complete lack of payment make assignment of liability to 
the copyright-holder inequitable.

Cheers,                              "Open your present...."
Rick Moen                            "No, you open your present...."
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