On 10/1/07, Brian Kelsay <ripcrd@gmail.com> wrote:
I have a hard time with understanding how the government via the
courts can allow patent suits, copyright claims, et al ad nauseum when
the person/company that sells the item disclaims all warranty for the
product and even states that "it may not even be fit for the use it is
intended."     Run with that Monty or someone.

Well, copyright is easy.  A book can by copyrighted regardless of any fitness for use. This email is Copyright (c) MMVII Monty J. Harder (portions Copyright Brian Kelsay). All rights reversed.

A computer program is no different WRT copyright.  I once wrote a package of little DOS utilities for shoehorning programs into the upper memory block corresponding to monochrome video, and explicitly disclaimed everything.  The only thing I guaranteed the package to do was take up space on hard drives. 

Now, patents are an entirely different kettle of fish as it were.  One of the reasons I hate the term "Intellectual Property" is that it conflates these things.  In order to get a patent, the thing you're trying to patent has to actually work.  Arguably, this makes the burden of proof a bit higher on patent holders than on copyright holders.