It's good to see the liability principle enforced.
The "no liability clause" makes total sense for open-source software.
If the software was developed by a bunch of unpaid volunteers, if it's free and its source code is available for everyone to inspect and modify in case of errors, then it makes sense that the maintainers don't want to have any responsibility in case of problems. You get something for free, you get the ability to modify it to your liking, don't expect any kind of warranty.
But when you take money for your product, when you ask your customers to accept contracts before they can use your product, and when you don't release the source code (or, worse, you run some service in the cloud, hidden away from its users), so you're basically the only one who can fix things if something goes wrong, then you must accept legal liability.
You can't have your cake and eat it too.
Either your software is free and open, or you're liable for any damage it ends up causing.
https://thehftguy.com/2024/07/25/crowdstrike-will-be-liable-for-damages-in-france-based-on-the-ovh-precedent/
Fabio Manganiello /
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2024-07-25 11:18:48
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2024-07-25 11:18:48Event JSON
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"content": "It's good to see the liability principle enforced.\n\nThe \"no liability clause\" makes total sense for open-source software.\n\nIf the software was developed by a bunch of unpaid volunteers, if it's free and its source code is available for everyone to inspect and modify in case of errors, then it makes sense that the maintainers don't want to have any responsibility in case of problems. You get something for free, you get the ability to modify it to your liking, don't expect any kind of warranty.\n\nBut when you take money for your product, when you ask your customers to accept contracts before they can use your product, and when you don't release the source code (or, worse, you run some service in the cloud, hidden away from its users), so you're basically the only one who can fix things if something goes wrong, then you must accept legal liability.\n\nYou can't have your cake and eat it too.\n\nEither your software is free and open, or you're liable for any damage it ends up causing.\n\nhttps://thehftguy.com/2024/07/25/crowdstrike-will-be-liable-for-damages-in-france-based-on-the-ovh-precedent/",
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