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by mbreese 2901 days ago
Most (all?) open source licenses have a clause disclaiming any implied warranty or fitness for a purpose.

The example you cite of a doctor being required to provide emergency medical care I don’t think is quite accurate. In fact, doctors are often not covered by “Good Samaritan” laws and can be held liable if they do stop to help someone and something goes wrong. A layperson would not have that type of legal exposure. Medical treatment issues are complex and I can’t see how they are related to open source software.
2 comments
brisance 2901 days ago
That’s the point I was making: it’s not so cut-and-dry as the parent assumed. Depending on the jurisdiction, some actions (or inaction, as the case may be) have consequences. And not all disclaimers are lawful, especially with regards to disclaimers of warranty.
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gonzo 2901 days ago
It’s not accurate at all.

In the U.S., a doctor has no affirmative duty to provide medical assistance to injured persons if they have not established a special relationship with the individual.

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brisance 2901 days ago
That’s why in my post I qualified that with “depending on your jurisdiction”.

https://en.m.wikipedia.org/wiki/Duty_to_rescue

Read the last part about the elderly man who died in a bank and no one offered assistance.

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