zpherodev opened a new issue, #1284: URL: https://github.com/apache/answer/issues/1284
Context: As the use of open-source software continues to expand, it becomes increasingly important to address both legal and ethical considerations in licensing agreements. While Section 8 of the Apache License is pivotal for protecting contributors from liability, its broad language can sometimes raise concerns among users regarding the potential for negligence or intentional misconduct. To ensure a balanced and trustworthy framework, I propose an addition to Section 8, creating a new Subclause 8(a). Proposed Subclause 8(a): "The licensor or responsible party agrees not to engage in, collude with, or contribute to any actions that directly or indirectly result in the harms or damages for which liability is disclaimed in this agreement." Rationale: Provides reassurance to users by committing licensors to act responsibly and ethically. Builds Trust: By explicitly stating that contributors and project owners will not knowingly cause harm, the open-source community can strengthen user confidence. Closing Loopholes: Ensures that liability disclaimers are not misinterpreted or misused to excuse negligence or intentional misconduct. Implementation: This clause would not impose unreasonable burdens on contributors; it simply ensures they act in good faith and abide by ethical standards. To maintain enforceability, the scope of "harms or damages" can be defined as those listed under existing Section 8 disclaimers. I feel the addition of Subclause 8(a) to the Apache License represents a meaningful step towards balancing liability protection with ethical responsibility. The simple addition of it would make it more transparent, fair, and provide a more secure relationship between licensors and users, benefiting the broader open-source ecosystem. I hope that this comes as a welcome addition, otherwise... well what are you up to? ;) Thanks! -- This is an automated message from the Apache Git Service. To respond to the message, please log on to GitHub and use the URL above to go to the specific comment. To unsubscribe, e-mail: [email protected] For queries about this service, please contact Infrastructure at: [email protected]
