cross-posted from: https://feddit.org/post/35110129
This year I decided to switch my “default license” to EUPL-1.2. This is an OSI-approved free software license created and published by the European Union. And it is quite a divergence from the licenses I’ve used in the past. EUPL is a strong copyleft license that closes the “SaaS loophole” by requiring reciprocal licensing regardless of how the software is distributed.
Over the years it has been clear that we in the “open source” camp (as opposed to the “free software” camp) were wrong all along.
We won the debate, and gained little for users or developers. All that our efforts did was to make it easier for big corporations build things more cheaply and for billionaires to become trillionaires.
And so it is time to stop messing about with permissive licenses. If corporations don’t want to use our software under our terms, they are free to spend the effort or tokens to build their own.
Didn’t know about liability, you are refering to this recent change?
https://www.ibanet.org/European-Product-Liability-Directive-liability-for-software
Maybe it’s not the EU as a whole? But interestingly, your article says that FLOSS is exempt from these rules, which is great!
Generally, what we have in the EU is strict liability for commercial products, but not for things like gifts or FOSS software developed in a non-commercial manner. Except when damages are caused on purpose or because of gross negligence.
Some examples (German law, which is quite strict about personal liability):
You cause an accident -> you are liable.
Your small kid causes an accident -> you are liable.
Your unleashed dog runs over the street, cause a truck to steer into a shop -> you are liable.
Your car does not work because of improper maintenance, and causes an accident -> you are liable.
Your dishwasher floods the flat below you with water while you are away -> you are liable.
Your car’s assisted braking system goes out of control because of defective software delivered by the manufacturer -> the manufacturer is liable.
You gift somebody a car, he has an accident -> no liability for you.
You knowingly gift somebody a car with defective brakes, without telling him, he has an accident -> you are liable.
Your physician uses some X-Ray device software which has a catastrophic bug and causes that you have radioactive burns all over your body -> the manufacturer of the software is liable.
(and here is where EU law probably differs form US law: In the US, software vendors can and do disclaim all liability. THIS IS NOT POSSIBLE IN THE EU, and thus such a contractual clause is probably invalid in its entirety, while leaving the contract valid. (And that is why you should NOT write your own licenses.))