[wp-hackers] Plugin update & security / privacy

Bas Bosman wordpress at nazgul.nu
Mon Sep 24 18:49:33 GMT 2007


First of all, I personally don't have any issues with the current
implementation, but the legal discussion is another issue.

The license quoted says: UNLESS REQUIRED BY APPLICABLE LAW

Here in the Netherlands we have the "Wet Bescherming Persoonsgegevens" 
which translates to "Law for the protection of personal details". *1

It states:
- If personal information is stored it must be opt-in.
- You have to publicly inform what you intend to use the data for.
- ...

And your blog URL would be considered a personal detail according to that
law.

IANAL, but my feeling is that the current implementation would be illegal
here in The Netherlands.

Regards,
Bas Bosman (Nazgul)

*1 http://www.justitie.nl/onderwerpen/opsporing_en_handhaving/wbp/

> 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.
>>>
>>>
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>
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