im.py: a python communications tool

[Mark Janssen]

On Mon, Apr 8, 2013 at 7:05 PM, Dave Angel <davea at davea.name> wrote:
> On 04/08/2013 07:16 PM, Mark Janssen wrote:
>>
>> On Sun, Apr 7, 2013 at 3:36 PM, Steven D'Aprano
>> <steve+comp.lang.python at pearwood.info> wrote:
>>>
>>> On Sun, 07 Apr 2013 14:47:11 -0700, jhunter.dunefsky wrote:
>>>
>>>> Actually, my current licence can be found here:
>>>> https://github.com/jhunter-d/im.py/blob/master/LICENCE.  Whaddaya think
>>>> about this, Useneters?
>>>
>>>
>>>
>>> I think you're looking for a world of pain, when somebody uses your
>>> software, it breaks something, and they sue you. Your licence currently
>>> means that you are responsible for the performance of your software.
>>
>>
>> Steven, they can't sue you for something they didn't pay for, because
>> they never entered into an agreement, not did you.
>>
>
> That's a common misconception.  No prior agreement is necessary to institute
> a lawsuit, at least in the United States.  I'm not a lawyer, but I've been
> advised that the best you can hope for is to minimize the likelihood that a
> lawsuit will be successful, not to somehow guarantee that a lawsuit cannot
> be filed and prosecuted.

Clearly anyone can file a lawsuit, I could file one against you for
offending me, for example.  The issue I was poorly raising is whether
such a case would have merit.  In the case of free (libre) open source
software, such a case would have no merit, because such software never
promises anyone *anything*.  But someone would have to make the case
and "train" the court.  The court simply has not become appraised of
what free, libre, open source software is.  Really, one shouldn't be
so afraid of such things and intimidated of our own system of law --
this is why the republic has degraded to lawyers, not representatives
of the People.  If a hospital takes your open source code and someone
dies, the hospital must be held responsible, because the open source
developer is not posing as an expert of anything, nor has she made it
for some explicit purpose for you like in a commercial agreement.

Mark