[Xastir-Dev] Xastir lawyer stuff?

[Curt Mills]

On Fri, 19 Sep 2003, Curt Mills wrote:

>
> As pointed out by a good friend of mine, adding SAR features to
> Xastir opens up a big can of worms:
>
> Does the GPL protect us in any way from having Xastir used in a:
>
>     A) Failed search (as in didn't find the guy), or a
>
>     B) Successful search where the subject was deceased,
>
> where the family might try to sue the Xastir authors because an
> algorithm was incorrect that was used in the search, or just because
> they want to sue?
>
> What resources to we open-source types have to help us in matters
> like these?  FSF lawyers?
>
> Up until now we've just been a fun hobby program, and not
> potentially helpful/harmful in a loss-of-life scenario.  Adding
> search management features may put us in a different class
> altogether.
>
> Could a special disclaimer when starting up Xastir which the user
> has to click on to continue protect us?
>
> Comments?

Here's the disclaimer from one commercial package.  Names changed to
protect the innocent:


"Prices, Products and Services subject to change without notice.  Due
to the nature of software no refunds are available for XX COMPANY's
products or services.  Warranty is limited to replacing defective
media only.

            XX COMPANY's Limited Warranty
Search and rescue operations are inherently uncertain and frequently
associated with many risks, to all persons both providing and
requiring SAR assistance. Time, weather, incomplete information
available and limited resources, both physical and intellectual,
limit the chances of a successful conclusion to any search & rescue
operation. You agree to render XX COMPANY harmless and in no way
whatsoever responsible for any outcome of a search & rescue or any
other operation, undertaken using this software.

XX COMPANY's entire liability and your exclusive remedy for defects
in materials and workmanship shall be limited to replacement of the
Software.  This Limited Warranty is void if failure of the Software
has resulted from accident, abuse or misapplication. In no event
shall XX COMPANY or the authors be liable for any damages whatsoever
(including damages from loss of income from any source, business
profits, business or service interruption, loss of information,
personal losses, suffering, or any other pecuniary loss) arising
from the use or inability to use the Software, even if XX COMPANY
has been advised of the possibility of such damages."


Please note that I'm not advocating that we lift these words and use
them directly.  I'm just providing it as one example of how one
company is trying to protect itself, and that company deals in the
SAR market.

-- 
Curt Mills, WE7U                    hacker_NO_SPAM_ at tc.fluke.com
Senior Methods Engineer/SysAdmin
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