[pp.int.general] Why Free Software misses the point

[Edison Carter]

>
> On the other hand, they are a legal entity that accepts responsibility
> (willingly or not) for their code. If it does something really bad, they
> will be made to pay. You can't say the same about free software. If
> office does bad things, I can sue MS, ditto photoshop with Adobe or
> Solidworks with Solidworks Inc.

Sure you can sue. But can you win?

22.   LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT
AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR
THE SOFTWARE.
YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS,
SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
·     anything related to the software, services, content (including code) on
third party Internet sites, or third party programs; and
·     claims for breach of contract, breach of warranty, guarantee or condition,
strict liability, negligence, or other tort to the extent permitted by
applicable law.
It also applies even if
·     repair, replacement or a refund for the software does not fully compensate
you for any losses; or
·     Microsoft knew or should have known about the possibility of the damages.