[wp-hackers] Plugin update & security / privacy

Jamie Holly hovercrafter at earthlink.net
Mon Sep 24 18:37:11 GMT 2007


OOPS and don't mean to respond to myself, but she just sent me another
email.

http://www.llrx.com/features/opensource.htm

Number 10 is of particular interest:

10. Treat Open Source Policy as a Team Game. It has become very clear in the
last few years that IT policy should not be made in a vacuum. Consider the
privacy example. Companies that left privacy policies to the IT department
or the legal department quickly found that "standard language" had enormous
implications for the marketing department, executives, sales staffs and
others. Nothing turned out to be simple or standard until all constituents
got involved and worked through the ramifications. Similarly, Open Source
usage, especially if development projects are contemplated, creates a wide
range of legal and business issues that should not be handled in isolation.
Theory has to meet practice to get the best results. If the lawyer only
looks at the legal issues and the CIO looks only at the IT issues, you
increase the likelihood of finger-pointing when an unexpected, but quite
predictable, bad result occurs. No one, especially me, likes the idea of yet
another committee meeting, but Open Source is a good example where time and
effort spent on the front-end will pay off substantially over the
alternative of cleaning up potentially messy and expensive situations in
which you may one day find yourself.



Jamie Holly
http://www.intoxination.net


>-----Original Message-----
>From: wp-hackers-bounces at lists.automattic.com [mailto:wp-hackers-
>bounces at lists.automattic.com] On Behalf Of Jamie Holly
>Sent: Monday, September 24, 2007 2:34 PM
>To: wp-hackers at lists.automattic.com
>Subject: RE: [wp-hackers] Plugin update & security / privacy
>
>Applicable by law being the key phrase there. If I create a program that
>sends me back your bank information I can still be prosecuted for it
>because
>it is against the law - GPL license or not.
>
>I asked an attorney who I do work for about this. She sent me this link.
>It
>is somewhat outdated, but does have some really good information
>regarding
>this (and similar) issues:
>
>http://library.findlaw.com/2002/Jan/1/241484.html
>
>
>Jamie Holly
>http://www.intoxination.net
>
>
>>-----Original Message-----
>>From: wp-hackers-bounces at lists.automattic.com [mailto:wp-hackers-
>>bounces at lists.automattic.com] On Behalf Of Moritz 'morty' Struebe
>>Sent: Monday, September 24, 2007 2:24 PM
>>To: wp-hackers at lists.automattic.com
>>Subject: Re: [wp-hackers] Plugin update & security / privacy
>>
>>The GPL covers this. You should sometimes read the license for the code
>>you use:
>>
>>                NO WARRANTY
>>
>>  11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO
>>WARRANTY
>>FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.  EXCEPT
>WHEN
>>OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
>>PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
>>EXPRESSED
>>OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
>>MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE ENTIRE RISK
>>AS
>>TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU.  SHOULD THE
>>PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY
>SERVICING,
>>REPAIR OR CORRECTION.
>>
>>  12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN
>>WRITING
>>WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
>>REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR
>>DAMAGES,
>>INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
>>ARISING
>>OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT
>>LIMITED
>>TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED
>BY
>>YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY
>>OTHER
>>PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
>>POSSIBILITY OF SUCH DAMAGES.
>>
>>
>>Andy Staines wrote:
>>> Actually the WP devs DO need to worry about it and it does make a
>>> difference. It matters not where the code originated they could still
>>> find themselves on the receiving end of a legal case IF it is illegal
>>> and someone decides to make an issue out of it. They should at least
>>> consult someone with knowledge in the field. Cases like this can get
>>> very messy and generate lots of bad publicity. I'd be surprised it
>>> it's legal in the USA.
>>>
>>> On 06:19  PM |  Mon 24 Sep 07, at 06:19  PM |  24 Sep 07, Otto wrote:
>>>
>>>> Don't have any idea about legality. But unless the wordpress.org
>devs
>>>> are in europe, I don't think it makes any difference.
>>>>
>>>>
>>> _______________________________________________
>>> wp-hackers mailing list
>>> wp-hackers at lists.automattic.com
>>> http://lists.automattic.com/mailman/listinfo/wp-hackers
>>>
>>
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