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?

What's the in-universe reasoning behind sorcerers needing material components?

How dangerous is XSS?

What mechanic is there to disable a threat instead of killing it?

Do scales need to be in alphabetical order?

How can saying a song's name be a copyright violation?

Bullying boss launched a smear campaign and made me unemployable

Little known, relatively unlikely, but scientifically plausible, apocalyptic (or near apocalyptic) events

How do I gain back my faith in my PhD degree?

What reasons are there for a Capitalist to oppose a 100% inheritance tax?

Solving a recurrence relation (poker chips)

How could indestructible materials be used in power generation?

How can I determine if the org that I'm currently connected to is a scratch org?

Should I cover my bicycle overnight while bikepacking?

How do I know where to place holes on an instrument?

Im going to France and my passport expires June 19th

Avoiding the "not like other girls" trope?

GFCI outlets - can they be repaired? Are they really needed at the end of a circuit?

Ambiguity in the definition of entropy

Expand and Contract

What exploit are these user agents trying to use?

Why no variance term in Bayesian logistic regression?

Size of subfigure fitting its content (tikzpicture)

Is it inappropriate for a student to attend their mentor's dissertation defense?

Why is this clock signal connected to a capacitor to gnd?



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?













0















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?










share|improve this question
























  • 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















0















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?










share|improve this question
























  • 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













0












0








0


1






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?










share|improve this question
















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






share|improve this question















share|improve this question













share|improve this question




share|improve this question








edited 38 mins ago









Nij

2,10931326




2,10931326










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

















  • 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










1 Answer
1






active

oldest

votes


















0














"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.






share|improve this answer























  • 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











Your Answer








StackExchange.ready(function()
var channelOptions =
tags: "".split(" "),
id: "617"
;
initTagRenderer("".split(" "), "".split(" "), channelOptions);

StackExchange.using("externalEditor", function()
// Have to fire editor after snippets, if snippets enabled
if (StackExchange.settings.snippets.snippetsEnabled)
StackExchange.using("snippets", function()
createEditor();
);

else
createEditor();

);

function createEditor()
StackExchange.prepareEditor(
heartbeatType: 'answer',
autoActivateHeartbeat: false,
convertImagesToLinks: false,
noModals: true,
showLowRepImageUploadWarning: true,
reputationToPostImages: null,
bindNavPrevention: true,
postfix: "",
imageUploader:
brandingHtml: "Powered by u003ca class="icon-imgur-white" href="https://imgur.com/"u003eu003c/au003e",
contentPolicyHtml: "User contributions licensed under u003ca href="https://creativecommons.org/licenses/by-sa/3.0/"u003ecc by-sa 3.0 with attribution requiredu003c/au003e u003ca href="https://stackoverflow.com/legal/content-policy"u003e(content policy)u003c/au003e",
allowUrls: true
,
noCode: true, onDemand: true,
discardSelector: ".discard-answer"
,immediatelyShowMarkdownHelp:true
);



);













draft saved

draft discarded


















StackExchange.ready(
function ()
StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2flaw.stackexchange.com%2fquestions%2f20049%2fdoes-releasing-a-work-into-the-public-domain-disclaim-any-warrants%23new-answer', 'question_page');

);

Post as a guest















Required, but never shown

























1 Answer
1






active

oldest

votes








1 Answer
1






active

oldest

votes









active

oldest

votes






active

oldest

votes









0














"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.






share|improve this answer























  • 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















0














"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.






share|improve this answer























  • 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













0












0








0







"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.






share|improve this answer













"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.







share|improve this answer












share|improve this answer



share|improve this answer










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

















  • 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

















draft saved

draft discarded
















































Thanks for contributing an answer to Law Stack Exchange!


  • Please be sure to answer the question. Provide details and share your research!

But avoid


  • Asking for help, clarification, or responding to other answers.

  • Making statements based on opinion; back them up with references or personal experience.

To learn more, see our tips on writing great answers.




draft saved


draft discarded














StackExchange.ready(
function ()
StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2flaw.stackexchange.com%2fquestions%2f20049%2fdoes-releasing-a-work-into-the-public-domain-disclaim-any-warrants%23new-answer', 'question_page');

);

Post as a guest















Required, but never shown





















































Required, but never shown














Required, but never shown












Required, but never shown







Required, but never shown

































Required, but never shown














Required, but never shown












Required, but never shown







Required, but never shown







Popular posts from this blog

Are there any AGPL-style licences that require source code modifications to be public? Planned maintenance scheduled April 23, 2019 at 23:30 UTC (7:30pm US/Eastern) Announcing the arrival of Valued Associate #679: Cesar Manara Unicorn Meta Zoo #1: Why another podcast?Force derivative works to be publicAre there any GPL like licenses for Apple App Store?Do you violate the GPL if you provide source code that cannot be compiled?GPL - is it distribution to use libraries in an appliance loaned to customers?Distributing App for free which uses GPL'ed codeModifications of server software under GPL, with web/CLI interfaceDoes using an AGPLv3-licensed library prevent me from dual-licensing my own source code?Can I publish only select code under GPLv3 from a private project?Is there published precedent regarding the scope of covered work that uses AGPL software?If MIT licensed code links to GPL licensed code what should be the license of the resulting binary program?If I use a public API endpoint that has its source code licensed under AGPL in my app, do I need to disclose my source?

2013 GY136 Descoberta | Órbita | Referências Menu de navegação«List Of Centaurs and Scattered-Disk Objects»«List of Known Trans-Neptunian Objects»

Mortes em março de 2019 Referências Menu de navegação«Zhores Alferov, Nobel de Física bielorrusso, morre aos 88 anos - Ciência»«Fallece Rafael Torija, o bispo emérito de Ciudad Real»«Peter Hurford dies at 88»«Keith Flint, vocalista do The Prodigy, morre aos 49 anos»«Luke Perry, ator de 'Barrados no baile' e 'Riverdale', morre aos 52 anos»«Former Rangers and Scotland captain Eric Caldow dies, aged 84»«Morreu, aos 61 anos, a antiga lenda do wrestling King Kong Bundy»«Fallece el actor y director teatral Abraham Stavans»«In Memoriam Guillaume Faye»«Sidney Sheinberg, a Force Behind Universal and Spielberg, Is Dead at 84»«Carmine Persico, Colombo Crime Family Boss, Is Dead at 85»«Dirigent Michael Gielen gestorben»«Ciclista tricampeã mundial e prata na Rio 2016 é encontrada morta em casa aos 23 anos»«Pagan Community Notes: Raven Grimassi dies, Indianapolis pop-up event cancelled, Circle Sanctuary announces new podcast, and more!»«Hal Blaine, Wrecking Crew Drummer, Dies at 90»«Morre Coutinho, que editou dupla lendária com Pelé no Santos»«Cantor Demétrius, ídolo da Jovem Guarda, morre em SP»«Ex-presidente do Vasco, Eurico Miranda morre no Rio de Janeiro»«Bronze no Mundial de basquete de 1971, Laís Elena morre aos 76 anos»«Diretor de Corridas da F1, Charlie Whiting morre aos 66 anos às vésperas do GP da Austrália»«Morreu o cardeal Danneels, da Bélgica»«Morreu o cartoonista Augusto Cid»«Morreu a atriz Maria Isabel de Lizandra, de "Vale Tudo" e novelas da Tupi»«WS Merwin, prize-winning poet of nature, dies at 91»«Atriz Márcia Real morre em São Paulo aos 88 anos»«Mauritanie: décès de l'ancien président Mohamed Mahmoud ould Louly»«Morreu Dick Dale, o rei da surf guitar e de "Pulp Fiction"»«Falleció Víctor Genes»«João Carlos Marinho, autor de 'O Gênio do Crime', morre em SP»«Legendary Horror Director and SFX Artist John Carl Buechler Dies at 66»«Morre em Salvador a religiosa Makota Valdina»«مرگ بازیکن‌ سابق نساجی بر اثر سقوط سنگ در مازندران»«Domingos Oliveira morre no Rio»«Morre Airton Ravagniani, ex-São Paulo, Fla, Vasco, Grêmio e Sport - Notícias»«Morre o escritor Flavio Moreira da Costa»«Larry Cohen, Writer-Director of 'It's Alive' and 'Hell Up in Harlem,' Dies at 77»«Scott Walker, experimental singer-songwriter, dead at 76»«Joseph Pilato, Day of the Dead Star and Horror Favorite, Dies at 70»«Sheffield United set to pay tribute to legendary goalkeeper Ted Burgin who has died at 91»«Morre Rafael Henzel, sobrevivente de acidente aéreo da Chapecoense»«Morre Valery Bykovsky, um dos primeiros cosmonautas da União Soviética»«Agnès Varda, cineasta da Nouvelle Vague, morre aos 90 anos»«Agnès Varda, cineasta francesa, morre aos 90 anos»«Tania Mallet, James Bond Actress and Helen Mirren's Cousin, Dies at 77»e