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

Thu Apr 2 23:07:55 PDT 2009

And those clauses are modelled on the same sort of disclaimer found in old-fashioned closed source software - it was realising that which started me as a corporate type towards open source. :)

Chris
----- "Christopher Schmidt" <crschmidt at crschmidt.net> wrote:

> 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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> > 
> > 
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> 
> -- 
> Christopher Schmidt
> Web Developer
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