IDGNS: Your study has raised some eyebrows in the open source community. Why so?
Spindler: Regarding such legal principles as liability and warranty, the GPL clauses have absolutely no legal validity. Under the license, developers and distributors of open software are not liable for any problems with their products. The GPL avoids any wording that could imply liability. Such a license is simply unenforceable under German, or even European Union law for that matter.
IDGNS: Your study points to potential risks facing a number of groups involved in the open source value chain: developers, software companies and users. So, really, just about everyone who comes into contact with open source software in one way or other should be careful, right?
Spindler: Not everyone -- for instance, users who don't modify the software or distribute it. However, in the software developer community, liability is an unresolved issue. Consider developers working on a program from different countries. The legal question is: What sort of company is this? Is each participant liable or the group as a whole? Or consider a project in which one developer starts writing code and then hands over that code to another who continues writing and hands over to yet another. In this successive approach to code writing, is the author responsible only for the code he or she wrote or for all code in the final software product? The answer may differ in each jurisdiction.
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