Re: [ASIS-1 patch 0/6] Deep review of 'AS IS' disclaimers - part 1

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On 05.06.19 10:15, Thomas Gleixner wrote:

Hi,

The first batch is from the 'AS IS' category. All patches in this series
have the same modification of the standard GPLv2 disclaimer.

Standard disclaimer:

     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

Modified diclaimer:

     this program is distributed as is without any warranty of any kind
     whether express[ed] or implied without even the implied warranty of
     merchantability or fitness for a particular purpose

The NO WARRANTY section of the GPLv2 contains:

     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

trying to switch in shyster (*1) mode ...

the modified disclaimer differs in:

a) - the expressed hope for usefulness (oh, the code is allowed to be
     completely beyond any hope ;-))
b) + really complete exclusion of any warranty whatsoever, implicitly
     interpreted one.

Who knows, what certain lawyers or judges out there on the high seas
might make out of that ... :o

In my opinion the modified disclaimer contains nothing which is
substantially different, but I might be wrong as usual.

With my human brain back online, I'd like to agree.
Therefore, for the whole batch:

Reviewed-By: Enrico Weigelt <info@xxxxxxxxx>

In case we agree on that, I would amend the changelogs of the individual
patches with a paragraph explaining our conclusion. Something along the
lines:

     The patterns deviate from the standard GPLv2 disclaimer, but the
     modification does not expand beyond the standard disclaimer and the NO
     WARRANTY section of the GPLv2. So replacing the license notice
     including the modified disclaimer with the SPDX license identifier
     results in the same protections and conditions.

ACK.

--mtx

--
Enrico Weigelt, metux IT consult
Free software and Linux embedded engineering
info@xxxxxxxxx -- +49-151-27565287



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