Freeing Squeak (license-wise)

Andrew C. Greenberg werdna at mucow.com
Fri Mar 14 17:32:51 UTC 2003


On Friday, March 14, 2003, at 11:30 AM, Cees de Groot wrote:

> It's a very reasonable POV that Squeak's legal status is largely
> unclear. I'm more than happy with that as a user, as a hacker, and as a
> wannabe teacher. I'm less than happy with that as a business guy
> (especially one with external shareholders - and that's not 
> hypothetical
> in my case - where you have a fiduciary responsibility to them to make
> sure that things like these are taken fare of).
>
> So, please help me with my 'businessman blindness' and tell me how I 
> can
> reconcile Squeak's legal status with building a company on it (or even
> applying it to anything mission-critical).

I don't think that Squeak's legal status is all that unclear, 
particularly when compared with other collaborative open source 
programs.

A decent lawyer can give you good, sound advice, depending upon what it 
is that you want to do.  Most of us have no problem working in Squeak, 
and for many purposes, things may be fine.  HOWEVER, if you need legal 
advice, don't rely on ANYBODY'S advice but that of a lawyer you have 
engaged for your particular purposes.

Nor, by the way, are Cees' problems unique to Squeak.  Performing 
significant commercial development from (rather than mere use or 
distribution of) open source collaborative products always presents 
similar problems.  I have represented many such businesses, and in 
practice compliance letters are not always straightforward (or even 
possible).

The simple answer is not to EVER build any company on technology with 
respect to which you didn't get sound legal advice.  Then, rely on the 
advice of counsel (and their insurance company) and don't look back.  
Someday, someone will sue you.  As Alan pointed out, paper does not 
refuse ink.  These are the risks of doing business.  If your advice was 
sound, the cost of poker will be sufficiently high for the other side 
that you should be ok at the end fo the day.  The risk of meritless (or 
quasi-meritless) suit is simply one of the risks of doing business -- 
it is uncontrollable and something you just can't avoid.  Business has 
many risks, and the entirety of being able to do business is minimizing 
the exposure to them.  Chose a business that meets your propensity for 
being risk-averse, and enjoy.

Have fun, change the world, and make a few bucks in the process.  THAT 
is why you should be in business.



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