Re: shielding from liability
john@win.bright.net wrote:
>
> I don't really think there is much risk, though. Where's the duty?
>
> Has there ever actually been a negligence suit over free software?
>
This is a good question. I would imagine the answer is no, but . . .
Suppose, Bruce is "going to drive tomorrow to Santa Cruz (from
Berkeley) to participate in a meeting for Debian," and on the way he
causes an accident. Before incorporation, no one knew how far the
liability tail extended. (For example, the accident occurs in a
state that doesn't require a "joint venture" to have a pecuniary
purpose.)
The attorney for the opposition would risk malpractice unless he
joined as defendants everyone remotely associated with the project
who would be subject to the personal jurisdiction of the court --
which is generally anyone having minimum contacts with the state and,
arguably, this includes just about everyone involved in the project.
By the way, last time I checked, in all 50 states, anarchists have no
special exemptions.
Paul Serice
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