[LINK] Identity theft virus infects 10,000 computers

[Craig Sanders]

On Tue, Aug 15, 2006 at 03:46:21PM +1000, Deus Ex Machina wrote:
> Craig Sanders [cas at taz.net.au] wrote:
> > why should you (or any free software developer) be liable for the use
> > that people make of software that you (or they) make freely available?
> > there is no contract between you - there can't be, as a contract
> > *requires* value to be exchanged by all parties.
> 
> this is false. 

it's not false. contracts require exchange of value between both
parties.

negligence laws aren't, of course, limited only to contractual
arrangements but free software certainly is not trade or commerce.

> I was told by a lawyer that this is not the case. you can be liable
> for stuff you give away for free. otherwise someone could provide you
> with a free service like for example cleaning your carpets, which
> completely damages them and you would have no come back.
>
> people cant waive all responsibility just by giving stuff away.

true, but there's a huge difference between giving a free service to a
particular individual and releasing free software for anyone who cares
to make the effort to download it.

craig

-- 
craig sanders <cas at taz.net.au>           (part time cyborg)