Let me try to make it clear that I know the good samaritan laws don't apply to software or any other non-emergency situation - only for emergencies, where the time it takes to get a waiver signed could otherwise cost a life (or a house). I am also quite aware that liability has nothing to do with motivation - e.g. that if i give someone a lift downtown, and we get into a car accident, and my passenger gets hurt, I can be sued even though I was trying to be nice.
Nevertheless the good samaritan laws are for the common good, and so would be a law that prevents someone from suing me for things I contribute to the open source commons. That is the extent of my analogy. I am not drawing any equivalence between the reasons why liability is inappropriate in these two situations. I am also aware that wishing for a thing doesn't make it true. I think we are on the same page. As for bandages vs. underlying problems: In open source, the need to have open source licenses seen as contracts, so that liability can be disclaimed, is a bandage. I'll take the bandage rather than expose myself to continued risk, but I hope the underlying problem will not be forgotten. >From: David Johnson <[EMAIL PROTECTED]> > > Although open source development isn't done in an emergency situation, >it > > is done by many whose only goal is to help people, and who don't ask any > > compensation other than a nod of recognition. > >There is a very good reason why the various "good samaritan" laws specify >acts >performed during emergency and/or urgent situations only. Liability, as I >understand it, is unconcerned with the actor's motivation, but only with >the >results of the action. Good Samaritan laws are exceptions to the rules for >exceptional circumstances. > >There are some good reasons for limiting liability for Open Source >software. >But the goal of helping people is not one of them. The good samaritan laws >are bandages on a system that is slowly but surely being broken through >abuse. We don't need more bandages, we need correct the underlying >problems. _________________________________________________________________ Join the world�s largest e-mail service with MSN Hotmail. http://www.hotmail.com -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
