software and warranties [LWN.net]

From:	 "Krishna E. Bera" <keb@cyblings.on.ca>
To:	 lwn@lwn.net
Subject: software and warranties
Date:	 Fri, 24 May 2002 16:08:05 +0500

Re: http://www.lwn.net/2002/0523/

Under the Free Software model, software is not a product, it is a service.
That is, Free Software creators are continuously and incrementally adapting
the existing knowledge and code base for clients' needs.  Therefore, the
kind of liability laws used by lawyers and doctors would be applicable,
rather than those used by consumer products.

Closed source and proprietary software most closely resembles a black box 
product as you said.

It's a more difficult question how open source proprietary software, such as 
Sun's Java, should be treated.  Having the source and not being allowed to 
modify or release changes seems a lot like a "no user serviceable parts 
inside" kind of label, which implies manufacturer product liability.  On the 
other hand, who is to blame when people follow instructions in, say, 
Chilton's Auto Repair guides and get hurt?

Cheers,
Krishna E. Bera
Consultant, Cybling Systems
Ottawa, Canada

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software and warranties

Posted Jun 8, 2002 5:20 UTC (Sat) by bignose (subscriber, #40) [Link]

> It's a more difficult question how open source proprietary software, such as 
> Sun's Java, should be treated.  Having the source and not being allowed to 
> modify or release changes seems a lot like a "no user serviceable parts 
> inside" kind of label, which implies manufacturer product liability.

"Open source proprietary software" is an oxymoron. "Having the source and not being allowed to modify or release changes" is not a description of an open source license, but a proprietary license.

The Open Source Definition (based on the Debian Free Software Guidelines) specifies that the license terms must allow examination, modification and redistribution, among other things. Thus what you describe in the quoted paragraph has nothing to do with open source.

Sun's Java is proprietary to the bone -- you can't get the source code, and the specifications are not open.

In this game terminology matters a lot; please be careful.