We're /definitely/ on topic for this list. Just saying.
On Mon, Apr 8, 2013 at 11:20 PM, Mark Janssen <dreamingforw...@gmail.com> wrote: >> I'm not a lawyer, and I suspect you're not either. If a burglar climbs up >> my trellis to try to attain a second floor window, and comes crashing to the >> ground, he may very well successfully sue me for not having a warning sign. > > No, I understand these cases are common lore, but it's this bullshit > which is ruining everything that was balanced by the Constitution. By > propagating such ideas, it continues the idea that we're all victims > to our own system of law, but we are the tacit *creators* of it by our > own negligence, and frankly, pessimism. > > This is a system of, by and for the People -- those are the words of > the Constitution of the United States which is the highest law of the > land. People need to fight this "enabler" creep, that allows it to > continually be co-opted by fear-story, like the one that was being > propagated earlier. We're not victims here. The story of a burglar > suing a homeowner is either urban myth and a hoax, or a gross default > somewhere in the judicial system. It should not be considered case > history or "de facto" law and left at that. > >>> If a hospital takes your open source code and someone >>> dies, the hospital must be >> >> No, *should* *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. > > (re: must vs. should) Legally, you are right, but I was speaking from > the point of view of a judge, rather than a lawyer. Like the sheriff > says: "I make the law around here!" lol. > > Mark > -- > http://mail.python.org/mailman/listinfo/python-list -- Demian Brecht http://demianbrecht.github.com -- http://mail.python.org/mailman/listinfo/python-list