[OSGeo-Discuss] Liability Issues For Companies Supporting OpenSource Development

[Landon Blake]

Frank wrote: "Typically open source licenses include disclaimers of
responsibility, fitness for a purpose, etc."

I was aware that most open source licenses included this type of
language. My code would be released GPL/LGPL. I was actually hoping
there might be a white paper or article that was written to address
company concerns about open source. I've got a book on developing open
source software. I'll see if it has anything. 

Frank wrote: "Were you concerned about some other kind of liability?"

The concern wasn't mine. It will be a concern of the potential sponsor.
I'm trying to do some research up front so I don't get totally stone
walled by this argument.

Thanks for the help.

Landon
Office Phone Number: (209) 946-0268
Cell Phone Number: (209) 992-0658
 
 

-----Original Message-----
From: discuss-bounces at lists.osgeo.org
[mailto:discuss-bounces at lists.osgeo.org] On Behalf Of Frank Warmerdam
Sent: Thursday, April 02, 2009 11:53 AM
To: OSGeo Discussions
Subject: Re: [OSGeo-Discuss] Liability Issues For Companies Supporting
OpenSource Development

Landon Blake wrote:
> I'm curious about the type if liability issues a company might open 
> itself up to by supporting open source software development. Let me
give 
> you a scenario:
> 
>  
> 
> A graphic design company decides it will sponsor some development of
the 
> SVG editor Inkscape. It puts out an RFP for the functionality it would

> like added to the program. It sets up a source code repository for
these 
> changes, hires a company/individual developer to perform the work, and

> works with the community to integrate the improvements back into the 
> main development trunk.
> 
>  
> 
> What legal liability might this introduce the company to?
> 
>  
> 
> Is there an article or paper that discusses this question? I'm working

> on small business support for an open source project, and I know one
of 
> the first objections I will run into is "we don't want to be liable
for 
> any programming effort we support financially".

Landon,

Typically open source licenses include disclaimers of responsibility,
fitness for a purpose, etc.  For instance for GDAL:

"""
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL
THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR
OTHER
LIABILITY, 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.
"""

This will generally protect the original author or funder of a software
development from liability for damages.  I'd be interested to hear
of open source developers or their supporters being successfully
sued when operating with such a disclaimer.

Were you concerned about some other kind of liability?

Best regards,
-- 
---------------------------------------+--------------------------------
------
I set the clouds in motion - turn up   | Frank Warmerdam,
warmerdam at pobox.com
light and sound - activate the windows | http://pobox.com/~warmerdam
and watch the world go round - Rush    | Geospatial Programmer for Rent

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