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Re: Oracle warranty vs. Support

From: Malcontent <malcontent_at_msgto.com>
Date: 2000/04/03
Message-ID: <38E96F7E.837B34AE@msgto.com>#1/1

Sybrand Bakker wrote:

> Have your lawyers read the accompanying material and they will see the
> warranty is limited to physical defects only. This is common practice in
> ICT, if your lawyers are going to sue them, you will loose it.
>

I would not be so sure of that. First of all the license most likely states that the software is not suitable for any purpose, is not acutually owned by the person who parted with the big bucks and in fact is not even promised to do anything at all. So far nobody has ever challenged a shrink wrap licence in court. Big software companies are trying their damned best to pass the DMCA to make sure whatever outrageous language they put into a license is in fact enforcable but again this has never been tested. The questions to ask are.

Did you sign something? If not you may not even have a valid contract. Do you have the money to go after Oracle? Oracle will defend all the way to the supreme court their right to foist any kind of license they see fit upon you. If they didn't they would be out of business in no time. I would love to see these licenses challenged in court myself. Received on Mon Apr 03 2000 - 00:00:00 CDT

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