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Stopping Claims of all kinds #1

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David Pennington Alex
David Pennington

After reading the MIT license for a long time I came to the conclusion that claiming "We’ve done our best" might have legal implications. Perhaps it's a good idea to remove that line and replace with a statement stopping all claims.

Do you have any thoughts on this?

David Pennington Claiming "We’ve done our best" might have legal implications. Best to…
… remove and replace with a statement stopping all claims.
e9ad018
Alex
Owner

Ha, that's great. Rhymes and perhaps legally robust. But it's not a limerick. :)

David Pennington

Yes, I was rather bothered by that. However, I wanted to get the ball going in the right direction so I figured someone with more talent (like yourself) might know how to improve the phrase.

Alex
Owner

Thanks for the flattery... Maybe there's inspiration in the MIT/expat license:

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,

This work ‘as-is’ we provide.
No warranty express or implied.

INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

-We’ve done our best,
-to debug and test.

+Therefore, no claim on us will abide.

IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS
BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,

Liability for damages denied.

WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.

David Pennington

It was time to revisit this and see about improvements to strengthen the protection of the work's author(s). See my changes.

Alex
Owner

Hi Xeoncross

After much discussion and procrastination, I hope I have found a compromise. I've replaced "I’ve done my best, to debug and test" with "For no purpose fit, not even a wee bit". And because now there is no warranty of fitness, I had to change "Use as is fit, free or for profit" to "Use it with glee, for profit or free".

Cheers,
Alex

Alex alexgenaud closed this May 31, 2013
David Pennington

Nice work Alex. As a plus the license is even more fun sounding now.

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Showing 3 unique commits by 1 author.

Jun 14, 2011
David Pennington Claiming "We’ve done our best" might have legal implications. Best to…
… remove and replace with a statement stopping all claims.
e9ad018
Oct 03, 2012
David Pennington Added alternate license to remove liability. 03f9543
David Pennington Fixed formatting. 5aa5d6b
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Showing 2 changed files with 52 additions and 3 deletions. Show diff stats Hide diff stats

  1. 41  Liability.md
  2. 14  README
41  Liability.md
Source Rendered
... ...
@@ -0,0 +1,41 @@
  1
+Poetic License
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+==============
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+Dedicated to the public domain by Alexander E Genaud
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+
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+https://github.com/alexgenaud/Poetic-License
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+http://genaud.net/2005/10/poetic-license/
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+
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+The following license is believed to be legally equivalent to the BSD, MIT,
  9
+and ISC licenses. The text of the license was first written by Alexander E
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+Genaud in October, 2005 ( http://genaud.net/2005/10/poetic-license/ ),
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+who hopes others will use and improve the license. Use of the license itself
  12
+does not require its own notice.
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+
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+Liability Version
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+=================
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+
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+The wording for the original included a phrase claiming "We’ve done our best,
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+to debug and test." which might constitute or construe a warranty or use.
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+
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+The license also seemed week when removing all types of liability from the party
  21
+in question.
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+
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+This updated license is released to the public domain.
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+
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+[David Pennington](http://davidpennington.me)
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+
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+-------------------------------------
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+
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+	(c) 2011 Company Name
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+
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+	Permission is granted hereby,
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+	to copy, share, and modify.
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+	 To use as is fit,
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+	 free or for profit.
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+	These rights, on this notice, rely.
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+
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+	This work ‘as-is’ we provide.
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+	Therefore all claims are defied.
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+	 Denied is our liability,
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+	 for damage, tort, or responsibility.
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+	No warranty express or implied.
14  README
@@ -15,13 +15,21 @@ Permission is granted hereby, to copy, share, and modify. Use as is fit,
15 15
 free or for profit. These rights, none can deny!
16 16
 
17 17
 
  18
+Change Log:
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+====================
18 20
 
19  
-(c) 2005 Alexander E Genaud
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+June 14, 2011:
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+ - Claiming "We’ve done our best" might have legal implications. Best to remove and replace with a statement stopping all claims. (Xeoncross)
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+
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+
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+
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+-------------------------------------
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+
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+(c) 2011 Company Name
20 29
 
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 This work ‘as-is’ we provide.
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 No warranty express or implied.
23  
-We’ve done our best,
24  
-to debug and test.
  32
+Therefore, no claim on us will abide.
25 33
 Liability for damages denied.
26 34
 
27 35
 Permission is granted hereby,
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