Michael Peeters, a partner at Pinsent Masons, the law firm behind OUT-LAW.COM, says warranties as to the performance and even the title to the software could be implied into open source licences by a British court.
"The problem is that these licences have never been tested in court in the UK," he said. "And the first judge to examine an open source licence could take exception to its provisions. If he thinks that, say, the General Public Licence should give users more rights, he'll simply imply them."
Peeters will be speaking this month at a free one-hour seminar on the commercial and legal issues of open source software that takes place in London, Leeds, Birmingham, Manchester, Glasgow and Edinburgh.
Book a free place here. https://www.out-law.com/page-6024