UCITA drafters don't go far enough for Red Hat (Register)
Posted Aug 9, 2002 8:14 UTC (Fri) by
beejaybee (guest, #1581)
Parent article:
UCITA drafters don't go far enough for Red Hat (Register)
IMO the revised bill is not perfect, but I think you will all agree that it is a damn sight better than the original draft.
I can see where Red Hat are coming from - as they provide open-source software with local "value added" content at cost, they would still be liable under the revised bill. I'm not into drafting bills in "legaleze", but surely all that's needed is to change the wording so that UCITA exempts software for which the _full_ source code is effectively placed in the public domain by being made available to anyone, anywhere, free of cost except for a fair & reasonable charge for media, shipping etc. if applicable.
This change would allow Red Hat to continue to operate their current business model without becoming liable for damages resulting from flaws in software they were not directly responsible for writing. They would still be liable for flaws attributable to changes made by themselves, or documentation supplied with boxed sets, but penalties could only be extracted by those who have bought the retail product - not those who have availed themselves of free downloads.
Meanwhile commercial software vendors would become (for the first time) fully liable to their customers for any flaws in closed-source software. This seems entirely fair to me.
Brian Beesley
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