By the way, I do think that the idea of having to meet a higher standard if you claim to have a secure product is a good idea. Of course, this would put both Oracle and OpenBSD at the same level of liability.
At 08:14 AM 4/22/2003 -0500, you wrote: >At 09:27 AM 4/21/2003 -0500, you wrote: >>That's assuming, though, that the company that's selling the software is >>the company that wrote the software. If that's not the case, where does >>the liability lie? One would assume the liability goes with the party >>making the claim of security, but if as you suggest, security is implied >>from the point of creation, then I wouldn't know where to guess that >>blame lies. > >What about The Apache Foundation? Or major contributors to a project? > >>I still prefer to think of open source software as being on the same >>level as something that was developed in-house (like 90% of all the >>other software that's ever written). Using OSS is very close to "owning" >>it, just as owning your own custom software. >> >>I have seen some noise about the push for software liability, but I'd be >>really surprised if the MS lobby allows this to happen. It seems to be >>counter to the push for binding shrink-wrap licenses of the DMCA/UCITA >>likes. > >Actually, I believe that liability will benefit closed software at the >expense of open source software. From what I've seen liability has been >restricted to cases where a party has not followed best practices or shown >due diligence. Of the two, closed software shops tend to have a larger >budget for documenting their procedures. Open source software developers >on the other hand tend to focus on code creation rather than procedure and >documentation. So who loses in court? The open source developer does >because he can't produce the evidence required to show that he followed >best practices during design and development. > > >--- >Dustin Puryear <[EMAIL PROTECTED]> >Puryear Information Technology >Windows, UNIX, and IT Consulting >http://www.puryear-it.com > > > >_______________________________________________ >General mailing list >[email protected] >http://brlug.net/mailman/listinfo/general_brlug.net --- Dustin Puryear <[EMAIL PROTECTED]> Puryear Information Technology Windows, UNIX, and IT Consulting http://www.puryear-it.com
