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

Thu Apr 2 12:03:00 PDT 2009

On Thu, Apr 02, 2009 at 11:57:14AM -0700, Landon Blake wrote:
> 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. 

The GPL 'how to use' guide suggests including this text in each file:

This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the
GNU General Public License for more details.

From:

 http://www.fsf.org/licensing/licenses/gpl-howto.html

In addition, the license itself includes the text:

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR
CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT
NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES
SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE
WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

>From http://www.fsf.org/licensing/licenses/gpl.html#howto . 

Both of these seem pretty clear in limiting liability.

> 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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Christopher Schmidt
Web Developer