Something everybody in this group ought to read.

  • Thread starter Thread starter John Corliss
  • Start date Start date
Very true.

I have been giving stuff away for free for years on all the webpages I have
had. And somebody always comes along and want more.

But most just say thanks and move on or I would have stopped years ago.
 
Like it or not
Click to expand...
oh go "retire" from usenet again...

--
In no event will I be liable for any damages, including any lost
profits, lost savings, draughts, floods, or other incidental or
consequential damages arising out of the use or inability to use this
text. Some states do not allow the exclusion of liability for
incidental or consequential damages, but heck with them. Check local
listings. Void where prohibited. E Pluribus Unum. Be excellent to each
other. Party on, Dudes.
 
John Corliss said:
http://www.joeuser.com/index.asp?c=1&AID=26403

Like it or not, he's right.

--
Regards from John Corliss
No adware, cdware, commercial software, crippleware, demoware,
nagware, shareware, spyware, time-limited software, trialware, viruses
or warez please.
Click to expand...

I agree with him 100%.. I ran a BBS for 10 years with over 250 registered
game (paid for out of my pocket) and all files free just for logging on.. I
had the same thing JoeUser is talking about.. People demanding, breaking the
few rules I had and getting hopping mad when called on about it. I finally
starting blocking IPs and in some cases whole domains because of it. Even
had a death threat because I caught someone cheating in one of the online
games and stopped it.

FD
 
Very true.

I have been giving stuff away for free for years on all the webpages I have
had. And somebody always comes along and want more.

But most just say thanks and move on or I would have stopped years ago.
Click to expand...
Thanks John, just added that blog to my favs. I got nothing to give you
but my best regards,
POKO
--
P. Keenan - Webmaster
Web Page Design
Manitoulin Island, Canada
http://manitoulinislandwebdesign.it-mate.co.uk/
(e-mail address removed)
 
John Corliss said:
Like it or not, he's right.
Click to expand...
Baloney. That guy's panties are just riding up. OK; I read it
and he's not just wrong, wrong, dead wrong, but lazy and likely stupid,
to boot. If a person offers his goods or services for "free" and
_invites_ the public to avail themselves of it, he has the same
obligation (and is as liable for damages) to those who do so that he
would have if they'd paid cash money for his product/service. Every
time. Without exception. Period. For example: Simply that a product,
good or service is "free" does not exempt it from warranty coverage,
including the implied warranty of merchantability (that is, the warrant
that the product/service actually _does_ what it purports to do). What
that means is that, even though a product or service may be "free",
those who use it are entitled to the same consideration and recompense
for damages as if they'd paid cash. Moral: Be very careful what you
offer for "free" and/or get a _signed_ liability waiver (a disclaimer
posted on a WWW site or a blurb in a TOS is not the same thing). If
someone offers "free" software and makes claims of its capabilities and
I choose to use it, I have an absolute, incontrovertible right to expect
the software to perform exactly as described---no more, no less; that it
was "free" is irrelevant. I'm tellin' you, man: Be _careful_ what you
offer "for free".
 
I also have a hard time dealing with my mail daily--I get dozens of
emails mostly dealing with outrageous requests or just downright rude
people acting as if I (or the world) owed them something. I make and
give everything away on my sites for free, and still there is no
shortage of unbelieveable people making demands.


best,
xtort
[http://xtort.net]
 
Wrong.

That guy's panties are just riding up.
Click to expand...

Possibly because some people rant about wanting more out of a gift.
OK; I read it
and he's not just wrong, wrong, dead wrong, but lazy and likely stupid,
to boot. If a person offers his goods or services for "free" and
_invites_ the public to avail themselves of it, he has the same
obligation (and is as liable for damages) to those who do so that he
would have if they'd paid cash money for his product/service.
Click to expand...

I'm not aware of any country that that is true.
Every
time. Without exception. Period. For example: Simply that a product,
good or service is "free" does not exempt it from warranty coverage,
including the implied warranty of merchantability (that is, the warrant
that the product/service actually _does_ what it purports to do). What
that means is that, even though a product or service may be "free",
those who use it are entitled to the same consideration and recompense
for damages as if they'd paid cash.
Click to expand...

Freeware is normally licensed, and yes, I guess you might sue and get
your money back - for the cost of the program.
] Moral: Be very careful what you
offer for "free" and/or get a _signed_ liability waiver (a disclaimer
posted on a WWW site or a blurb in a TOS is not the same thing). If
someone offers "free" software and makes claims of its capabilities and
I choose to use it, I have an absolute, incontrovertible right to expect
the software to perform exactly as described---no more, no less; that it
was "free" is irrelevant. I'm tellin' you, man: Be _careful_ what you
offer "for free".
Click to expand...

I think your brother-in-law is just looking for a client - you.
 
Derald said:
Baloney. That guy's panties are just riding up. OK; I read it
and he's not just wrong, wrong, dead wrong, but lazy and likely stupid,
to boot. If a person offers his goods or services for "free" and
_invites_ the public to avail themselves of it, he has the same
obligation (and is as liable for damages) to those who do so that he
would have if they'd paid cash money for his product/service. Every
time. Without exception. Period. For example: Simply that a product,
good or service is "free" does not exempt it from warranty coverage,
including the implied warranty of merchantability (that is, the warrant
that the product/service actually _does_ what it purports to do). What
that means is that, even though a product or service may be "free",
those who use it are entitled to the same consideration and recompense
for damages as if they'd paid cash. Moral: Be very careful what you
offer for "free" and/or get a _signed_ liability waiver (a disclaimer
posted on a WWW site or a blurb in a TOS is not the same thing). If
someone offers "free" software and makes claims of its capabilities and
I choose to use it, I have an absolute, incontrovertible right to expect
the software to perform exactly as described---no more, no less; that it
was "free" is irrelevant. I'm tellin' you, man: Be _careful_ what you
offer "for free".
Click to expand...

And with that, Freeware subsequently died. If that's not enough to make all
freeware authors give up, nothing is.

Tony(UK)
 
Derald said:
Baloney. That guy's panties are just riding up. OK; I read it
and he's not just wrong, wrong, dead wrong, but lazy and likely stupid,
to boot. If a person offers his goods or services for "free" and
_invites_ the public to avail themselves of it, he has the same
obligation (and is as liable for damages) to those who do so that he
would have if they'd paid cash money for his product/service. Every
time. Without exception. Period. For example: Simply that a product,
good or service is "free" does not exempt it from warranty coverage,
including the implied warranty of merchantability (that is, the warrant
that the product/service actually _does_ what it purports to do). What
that means is that, even though a product or service may be "free",
those who use it are entitled to the same consideration and recompense
for damages as if they'd paid cash. Moral: Be very careful what you
offer for "free" and/or get a _signed_ liability waiver (a disclaimer
posted on a WWW site or a blurb in a TOS is not the same thing). If
someone offers "free" software and makes claims of its capabilities and
I choose to use it, I have an absolute, incontrovertible right to expect
the software to perform exactly as described---no more, no less; that it
was "free" is irrelevant. I'm tellin' you, man: Be _careful_ what you
offer "for free".
Click to expand...

Horsepucky!
If I offer freeware, along with a simple disclaimer, I'm personally
excempt from any retribution. That is, if my application has a bug and
wipes out critical data, my disclaimer will protect me on this, I did
afterall warn you that you were installing at your own risk. Believe it
or not, this is the case with purchased software as well! This might not
fly with malware, if you could prove the app was intended to be
malicious, but if it were a legitimate bug, you'd have a real tough time
getting any compensation. In this world you have a right to get what you
paid for. If you pay nothing, that is what you have a right to. Anyone
that feels different has their head in the sand as it were. I think you
need to rethink your persepctive on this.
 
Thanks John. Good article.
Click to expand...

True, but it sort of got some odd responses from people who lurk, or post
in this ng.

I have issues with JC too, but only because I regard him as a bit stiff-
necked; he (possibly correctly) may think of me as a bit of a louche.

You wonder what they're doing here, but it's fairly obvious really.

So my killfileklick got a bit of exercise, too

mike
 
Horsepucky!
If I offer freeware, along with a simple disclaimer, I'm personally
excempt from any retribution. That is, if my application has a bug and
wipes out critical data, my disclaimer will protect me on this, I did
afterall warn you that you were installing at your own risk. Believe it
or not, this is the case with purchased software as well! This might not
fly with malware, if you could prove the app was intended to be
malicious, but if it were a legitimate bug, you'd have a real tough time
getting any compensation. In this world you have a right to get what you
paid for. If you pay nothing, that is what you have a right to. Anyone
that feels different has their head in the sand as it were. I think you
need to rethink your persepctive on this.
Click to expand...

Precisely, the warranty on any commercial software is for the price of
the software only. Incidental damage, expenditure or whatever is
always ruled out - if we could sue Micro$haft every time their sofware
fouled up, Billy boy would be BROKE!

Your warranty on any freeware software is the same - the price you
paid, which was nowt!
 
Thanks John, just added that blog to my favs. I got nothing to give you
but my best regards,
Click to expand...

Normally I _really_ hate "me too!" messages but I've got to say "Amen,
Bro!"

I recently ran an event which lost $9k but which was rescued by three
'angels' who donated $3000 each. Guess how many disappointed
participants from this year's event have told me they're sorry to hear
that it won't likely be running next year? (Before anyone get any
funny ideas, it was one of the 'angels' who organized the event and I
only carried out his original proposal - it was his call to continue
when the finances and pre-registrations looked grim.)
 
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