Re: [ASIS-3 patch 0/2] Deep review of 'AS IS' disclaimers - part 3

[Allison Randal <allison@lohutok.net>]

On 6/5/19 9:01 AM, Thomas Gleixner wrote:
> This is the third variant of disclaimer modifications.
> 
> Standard disclaimer:
> 
>     this program is distributed in the hope that it will be useful
>     but without any warranty without even the implied warranty of
>     merchantability or fitness for a particular purpose
> 
> Modified disclaimer:
> 
>     the file is distributed as is without warranty of any kind and the
>     implied warranties of merchantability or fitness for a particular
>     purpose are expressly disclaimed the license provides additional
>     details about this warranty disclaimer
> 
> Both patches refer explicitely to GPLv2.
> 
> So as with ASIS-2, I don't see anything contradicting or substantially
> different.

The wording "as is" is directly copied from GPLv2, so adds no additional
disclaimer.

My understanding is that "expressly disclaimed" means the same thing as
disclaiming a specific warranty by name, so this variant doesn't
actually legally do anything different than the standard disclaimer
notice, since the implied warranties of merchantability and fitness for
a particular purpose were already disclaimed by name. Again, I'll review
positively, but suggest waiting for at least one lawyer to review.

Allison