Re: [Boost-users] Ownership of Boost IP?

From: Nat Goodspeed (ngoodspeed_at_[hidden])
Date: 2006-08-04 11:29:46

> -----Original Message-----
> From: boost-users-bounces_at_[hidden] [mailto:boost-users-
> bounces_at_[hidden]] On Behalf Of Robert Ramey
> Sent: Friday, August 04, 2006 11:18 AM
> To: boost-users_at_[hidden]
> Subject: Re: [Boost-users] Ownership of Boost IP?
> 
> Nat Goodspeed wrote:
> > My employer's legal department has just stated that we may not use
> > Boost for product development because of a hypothetical lawsuit
risk.
> 
> Hmmm - wouldn't his same concern apply to any software you
> don't write yourself?  Suppose you use VC 7.1.  It comes with
> dinkumware libraries - does your legal dept require a release
> from dinkumware?.  Assuming it does, how does assure itself
> that some dinkumware developer didn't use some code/knowledge
> from his previious job or was inspired by some snippet he found
> on the net.  OK so you get releases and hold harmless clauses
> from all the past dinkumware developers.  Now how about the
> windows API - after all that's just another library.  Are you going
> to use calls from that?  Does your legal department feel confident
> that no microsoft employee or manager has incorporated code
> from other sources?  If it does, its pretty clear they've not aware
> of all the lawsuits microsoft has had in this regard.  And the fact
> is that none of the lawsuits have resulted in damages to microsoft
> customers or users or developers' who have leveraged on such
> code.

[Nat] To play devil's advocate for a moment -- I'm sure the legal dept.
would say that's because Microsoft promises protection from such
actions, in return for the license fee.

If I could show precedent where someone attempted to sue users of (or
developers who integrated) an Open Source project -- but lost -- that
would be a stronger argument.
 
> Such a decision has technical and economic implications far, far
> beyond what your legal department (and probably management - if its
gotten
> this far) are aware of.

[Nat] No argument from me there.
 
> Maybe more practical advice would be
> to suggest to your boss that he get a second legal opinion.  

[Nat] Interesting suggestion! I'll see if I can make anything happen
along those lines.