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tgvaughan | 2 years ago

How does this work for free software projects which aren't themselves commercial but list employees of big companies among their major contributors? E.g. the Linux kernel?

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layer8|2 years ago

It will likely be tied to the “productization”. That is, the liability chain will only go as far as there is someone who turned the software into a product for monetization purposes. If a company sells a product that uses Linux, they will be liable regardless of whether they contributed to Linux development or not. If part of the product was itself purchased from a third party, the third party will be liable for that part. But open-source developers who don’t monetize the software won’t be liable.

One case that could potentially become problematic is OSS developers who have Patreon subscribers or similar, where those subscribers could conceivably pass on liability claims.