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Does releasing a work into the public domain disclaim any warrants?
Does the WTFPL legally disclaim warranties?Why does this mention the U.S.?Does being Public Domain absolve the author/creator of liability?How can I release a work into the public domain?Has The Unlicense any legal value?Is a photo that is in the public domain in US also in the public domain in other countries?How does public domain work?Are “slavish copies” of public domain work in the public domain?Data copyright for public domain content or natural resourcesDo individual programmers expose themselves to liability risks when they make their programs available to the public?
My understanding is that the releasing statement assigns "ownership" of the work to the public at large. But obviously one could not sue "the public" if (say) PD software crashed due to a defect and cost one's business a day's salary of a software engineer to clean it up.
So does releasing a work into the public domain disclaim any liability? And if not, why not?
liability public-domain
edited 38 mins ago
Nij
2,10931326
asked Jul 7 '17 at 7:01
Arlo James BarnesArlo James Barnes
33
add a comment |
My understanding is that the releasing statement assigns "ownership" of the work to the public at large. But obviously one could not sue "the public" if (say) PD software crashed due to a defect and cost one's business a day's salary of a software engineer to clean it up.
So does releasing a work into the public domain disclaim any liability? And if not, why not?
liability public-domain
edited 38 mins ago
Nij
2,10931326
asked Jul 7 '17 at 7:01
Arlo James BarnesArlo James Barnes
33
Do you specifically mean "merchantability" as opposed to "liability"?
– user6726
Jul 7 '17 at 14:59
I guess I did mean liability in a broad sense; or perhaps, web-searching it now, "fitness for a particular purpose" might be closest? Basically, should someone have a reasonable expectation of a work performing a certain function?
– Arlo James Barnes
Jul 7 '17 at 20:10
add a comment |
My understanding is that the releasing statement assigns "ownership" of the work to the public at large. But obviously one could not sue "the public" if (say) PD software crashed due to a defect and cost one's business a day's salary of a software engineer to clean it up.
So does releasing a work into the public domain disclaim any liability? And if not, why not?
liability public-domain
edited 38 mins ago
Nij
2,10931326
asked Jul 7 '17 at 7:01
Arlo James BarnesArlo James Barnes
33
My understanding is that the releasing statement assigns "ownership" of the work to the public at large. But obviously one could not sue "the public" if (say) PD software crashed due to a defect and cost one's business a day's salary of a software engineer to clean it up.
So does releasing a work into the public domain disclaim any liability? And if not, why not?
liability public-domain
liability public-domain
edited 38 mins ago
Nij
2,10931326
asked Jul 7 '17 at 7:01
Arlo James BarnesArlo James Barnes
33
edited 38 mins ago
Nij
2,10931326
asked Jul 7 '17 at 7:01
Arlo James BarnesArlo James Barnes
33
edited 38 mins ago
Nij
2,10931326
edited 38 mins ago
Nij
2,10931326
edited 38 mins ago
Nij
2,10931326
2,10931326
asked Jul 7 '17 at 7:01
Arlo James BarnesArlo James Barnes
33
asked Jul 7 '17 at 7:01
Arlo James BarnesArlo James Barnes
33
asked Jul 7 '17 at 7:01
Arlo James BarnesArlo James Barnes
33
33
Do you specifically mean "merchantability" as opposed to "liability"?
– user6726
Jul 7 '17 at 14:59
I guess I did mean liability in a broad sense; or perhaps, web-searching it now, "fitness for a particular purpose" might be closest? Basically, should someone have a reasonable expectation of a work performing a certain function?
– Arlo James Barnes
Jul 7 '17 at 20:10
add a comment |
Do you specifically mean "merchantability" as opposed to "liability"?
– user6726
Jul 7 '17 at 14:59
I guess I did mean liability in a broad sense; or perhaps, web-searching it now, "fitness for a particular purpose" might be closest? Basically, should someone have a reasonable expectation of a work performing a certain function?
– Arlo James Barnes
Jul 7 '17 at 20:10
Do you specifically mean "merchantability" as opposed to "liability"?
– user6726
Jul 7 '17 at 14:59
Do you specifically mean "merchantability" as opposed to "liability"?
– user6726
Jul 7 '17 at 14:59
I guess I did mean liability in a broad sense; or perhaps, web-searching it now, "fitness for a particular purpose" might be closest? Basically, should someone have a reasonable expectation of a work performing a certain function?
– Arlo James Barnes
Jul 7 '17 at 20:10
I guess I did mean liability in a broad sense; or perhaps, web-searching it now, "fitness for a particular purpose" might be closest? Basically, should someone have a reasonable expectation of a work performing a certain function?
– Arlo James Barnes
Jul 7 '17 at 20:10
add a comment |
1 Answer
1
active
oldest
votes
"Merchantability" is only a concept that has meaning if you sell something. If you give something away you make no warranty as to its quality.
answered Jul 7 '17 at 10:19
Dale MDale M
56k23579
Thanks, I realise I had a misunderstanding about the word "merchantability". My question was orthogonal to whether it was being sold (PD works can be sold, see freepd.com for instance; it is basically selling convenience since the actual market of the product cannot be defended by copyright law. But that does raise the question of whether actual merchantability would come into play in such cases... ). I really was curious about whether someone should have a reasonable expectation of a work performing a certain function. Perhaps "fitness for a particular purpose" might be closer?
– Arlo James Barnes
Jul 7 '17 at 20:15
Again "fitness for purpose" requires a contractural arrangement
– Dale M
Jul 7 '17 at 23:14
Ah, okay. I see.
– Arlo James Barnes
Jul 8 '17 at 23:31
add a comment |
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1 Answer
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1 Answer
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active
oldest
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active
oldest
votes
active
oldest
votes
"Merchantability" is only a concept that has meaning if you sell something. If you give something away you make no warranty as to its quality.
answered Jul 7 '17 at 10:19
Dale MDale M
56k23579
Thanks, I realise I had a misunderstanding about the word "merchantability". My question was orthogonal to whether it was being sold (PD works can be sold, see freepd.com for instance; it is basically selling convenience since the actual market of the product cannot be defended by copyright law. But that does raise the question of whether actual merchantability would come into play in such cases... ). I really was curious about whether someone should have a reasonable expectation of a work performing a certain function. Perhaps "fitness for a particular purpose" might be closer?
– Arlo James Barnes
Jul 7 '17 at 20:15
Again "fitness for purpose" requires a contractural arrangement
– Dale M
Jul 7 '17 at 23:14
Ah, okay. I see.
– Arlo James Barnes
Jul 8 '17 at 23:31
add a comment |
"Merchantability" is only a concept that has meaning if you sell something. If you give something away you make no warranty as to its quality.
answered Jul 7 '17 at 10:19
Dale MDale M
56k23579
Thanks, I realise I had a misunderstanding about the word "merchantability". My question was orthogonal to whether it was being sold (PD works can be sold, see freepd.com for instance; it is basically selling convenience since the actual market of the product cannot be defended by copyright law. But that does raise the question of whether actual merchantability would come into play in such cases... ). I really was curious about whether someone should have a reasonable expectation of a work performing a certain function. Perhaps "fitness for a particular purpose" might be closer?
– Arlo James Barnes
Jul 7 '17 at 20:15
Again "fitness for purpose" requires a contractural arrangement
– Dale M
Jul 7 '17 at 23:14
Ah, okay. I see.
– Arlo James Barnes
Jul 8 '17 at 23:31
add a comment |
"Merchantability" is only a concept that has meaning if you sell something. If you give something away you make no warranty as to its quality.
answered Jul 7 '17 at 10:19
Dale MDale M
56k23579
"Merchantability" is only a concept that has meaning if you sell something. If you give something away you make no warranty as to its quality.
answered Jul 7 '17 at 10:19
Dale MDale M
56k23579
answered Jul 7 '17 at 10:19
Dale MDale M
56k23579
answered Jul 7 '17 at 10:19
Dale MDale M
56k23579
answered Jul 7 '17 at 10:19
Dale MDale M
56k23579
56k23579
Thanks, I realise I had a misunderstanding about the word "merchantability". My question was orthogonal to whether it was being sold (PD works can be sold, see freepd.com for instance; it is basically selling convenience since the actual market of the product cannot be defended by copyright law. But that does raise the question of whether actual merchantability would come into play in such cases... ). I really was curious about whether someone should have a reasonable expectation of a work performing a certain function. Perhaps "fitness for a particular purpose" might be closer?
– Arlo James Barnes
Jul 7 '17 at 20:15
Again "fitness for purpose" requires a contractural arrangement
– Dale M
Jul 7 '17 at 23:14
Ah, okay. I see.
– Arlo James Barnes
Jul 8 '17 at 23:31
add a comment |
Thanks, I realise I had a misunderstanding about the word "merchantability". My question was orthogonal to whether it was being sold (PD works can be sold, see freepd.com for instance; it is basically selling convenience since the actual market of the product cannot be defended by copyright law. But that does raise the question of whether actual merchantability would come into play in such cases... ). I really was curious about whether someone should have a reasonable expectation of a work performing a certain function. Perhaps "fitness for a particular purpose" might be closer?
– Arlo James Barnes
Jul 7 '17 at 20:15
Again "fitness for purpose" requires a contractural arrangement
– Dale M
Jul 7 '17 at 23:14
Ah, okay. I see.
– Arlo James Barnes
Jul 8 '17 at 23:31
Thanks, I realise I had a misunderstanding about the word "merchantability". My question was orthogonal to whether it was being sold (PD works can be sold, see freepd.com for instance; it is basically selling convenience since the actual market of the product cannot be defended by copyright law. But that does raise the question of whether actual merchantability would come into play in such cases... ). I really was curious about whether someone should have a reasonable expectation of a work performing a certain function. Perhaps "fitness for a particular purpose" might be closer?
– Arlo James Barnes
Jul 7 '17 at 20:15
Thanks, I realise I had a misunderstanding about the word "merchantability". My question was orthogonal to whether it was being sold (PD works can be sold, see freepd.com for instance; it is basically selling convenience since the actual market of the product cannot be defended by copyright law. But that does raise the question of whether actual merchantability would come into play in such cases... ). I really was curious about whether someone should have a reasonable expectation of a work performing a certain function. Perhaps "fitness for a particular purpose" might be closer?
– Arlo James Barnes
Jul 7 '17 at 20:15
Again "fitness for purpose" requires a contractural arrangement
– Dale M
Jul 7 '17 at 23:14
Again "fitness for purpose" requires a contractural arrangement
– Dale M
Jul 7 '17 at 23:14
Ah, okay. I see.
– Arlo James Barnes
Jul 8 '17 at 23:31
Ah, okay. I see.
– Arlo James Barnes
Jul 8 '17 at 23:31
add a comment |
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Do you specifically mean "merchantability" as opposed to "liability"?
– user6726
Jul 7 '17 at 14:59
I guess I did mean liability in a broad sense; or perhaps, web-searching it now, "fitness for a particular purpose" might be closest? Basically, should someone have a reasonable expectation of a work performing a certain function?
– Arlo James Barnes
Jul 7 '17 at 20:10