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[return to "Open source liability is coming"]
1. within+n5[view] [source] 2023-12-29 18:33:31
>>daniel+(OP)
FINALLY. This industry needs some regulation...

I'm mostly curious what that means for something like the MIT license... For those who need a refresher, this is the part I mean.

> THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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2. paulgb+96[view] [source] 2023-12-29 18:38:06
>>within+n5
> This industry needs some regulation

Are there cases of open source projects being careless or negligent that have caused harm that this would address? Aside from some unintentional vulnerabilities that have been found, it’s hard for me to think of an example that would necessitate more regulation.

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3. within+G6[view] [source] 2023-12-29 18:40:33
>>paulgb+96
I can think of exactly one rather popular one: left-pad.

The author should have been liable for the damage they caused. The industry self-regulated itself but that is a case that I can think of, specifically caused by negligence.

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4. rwj+78[view] [source] 2023-12-29 18:46:09
>>within+G6
Except that all the people using left-pad weren't paying for left-pad, and didn't have a contractual relationship with the author. IANAL, but I'm doubtful the courts would find there is enough of a relationship for the author to be liable.
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5. within+29[view] [source] 2023-12-29 18:50:01
>>rwj+78
That is what new laws are for.
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6. mjr00+Ra[view] [source] 2023-12-29 18:58:13
>>within+29
No, they aren't. Even in the most liberal interpretation of the new laws, there's nothing specifying that you need to continue making your open-source package continually and indefinitely available.
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7. within+Ic[view] [source] 2023-12-29 19:08:23
>>mjr00+Ra
I don't mean THESE new laws, just new laws in general.

> nothing specifying that you need to continue making your open-source package continually and indefinitely available.

There's a difference between making it available, and deliberately causing harm and untold productivity loss in a single day. This was a case of the latter.

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8. mjr00+ms[view] [source] 2023-12-29 20:38:00
>>within+Ic
Someone deleted a publicly accessible file off the internet, and it broke workflows of people with whom they have no existing contract. Good luck proving that was done to deliberately cause harm.
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