4.0/Disclaimer of warranties and related issues
Treatment in 4.0d2: No change in Section 4 language itself. However, we have added a new Section 6(b) that permits licensors to disclaim or offer warranties or to limit liabilities differently from Section 4. This is intended to ensure licensors can tailor those provisions in the manner most suitable based on differing consumer protection laws that may apply to them.
Treatment in 4.0d1: The language has been simplified but is intended to operate and have the same scope as its counterpart in 3.0. We are mindful that a complete disclaimer and limitation of liability may not be allowed depending on local law, and accordingly have prefaced the provision with the qualifier found suitable by several jurisdictions for 3.0 ports, “To the greatest extent permissible,...” We expect that for some, this provision may be inadequate. We want to hear ideas on both improving this provision, and the proposal for allowing additional terms to the license to allow for more specialized language to be included by licensors. Please see the Additional terms category below for a proposal allowing the addition of other terms that could cover specialized disclaimer and limitation language.
During the post-d2 discussion period, several affiliates and community members proposed changing the language to require documentation of third-party rights. Discussion around the issue was then opened up on the list, including discussion of the very different treatment in 1.0.