Hi people,

Check out these articles: <http://www.freelock.com/blog/john-locke/1/software-be-bug-free-guaranteed>; <http://arstechnica.com/open-source/news/2009/05/microsoft-linux-foundation-hate-on-ali-contract-guidelines.ars>; and <http://lawandlifesiliconvalley.com/blog/?p=240>; which talk about proposals by the American Law Institute (in their "Principles of the Law of Software Contracts" project) to, in essence, force new "non-disclaimable" warranties on software licensors (and arguably, also on contributors).

The warranties would, in addition to making software licensors (and developers?) liable for infringing on patents and copyrights, also make them liable for material defects in the software.

Is this a tsunami in the offing?

Joseph.

NB: The Principles of the Law of Software Contracts project "presents legal principles to guide courts in deciding disputes involving transactions in software and to guide those drafting software contracts": <http://www.ali.org/index.cfm?fuseaction=projects.proj_ip&projectid=9>.