And I thought this one had been dealt with already...
So, way back when (that being when as an IT professional I realised that open source was the way to go), one of the common issues raised with adopting it in your organisation was "who do we go to if it goes wrong?", commonly shortened to "who do we sue?". Well, I had an answer ready for this, as it was a big part of the reason for my change of heart.[1]
Who do we sue?. Well, no one. Open source, closed source. Free or really expensive. One hobbyist's creation or a product of the world's most profitable company.
And I quote:
"YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
- anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
- claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if
- repair, replacement or a refund for the software does not fully compensate you for any losses; or
- Microsoft knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages." (c) Microsoft, from the Office 2007 Standard edition licence.
The warranty section is even more fun. For those who doubt (read "those who never read the licence they are agreeing to"), this useful site should help them:
http://www.microsoft.com/about/legal/useterms/default.aspx
Coincidentally, exactly where I got my copy of the licence from for the quote above, having never installed MSO2k7 on my (Linux) computers 
[1] Previously I was a Microsoft qualified sort of IT person, with expertise in NT/2K server and a specialism MS Exchange 5.5. You live and learn, and I was so much younger then 
Posted at 09:52AM Apr 03, 2009 by Chris Puttick in General |