Legal Question in Product Liability in Massachusetts

I am publishing an open source software that displays real time driving info such as speed, engine RPM, coolant temperature, etc. on a car PC (a computer installed in the car by the driver/software user). In a standard disclaimer of liability for open source software license it includes a list of examples of damages:

"(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;

LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)".

May I add to the list explicitly the damages related to car accidents, such as

"DEATH; INJURY; COLLISION AND/OR DAMAGE TO VEHICLES; LIABILITY FOR ACCIDENTS; TRAFFIC VIOLATION FINES;"

so that I will be shielded from law suits by people who misuse the software and get into car accidents?

Thank you!


Asked on 6/12/11, 6:01 am

1 Answer from Attorneys

Jonas Jacobson Law Offices of Jonas Jacobson

Are you using GPLv3? Or are you using some other license? If you are using GNU, you ought to write to [email protected] and ask permission - if you want to keep the license GNU.

If you are using another license, it is license dependent.

If your question is about whether inclusion of the license will shield you from liability, that's a more complex question. Feel free to get in touch: email to: [email protected]

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Answered on 6/14/11, 11:06 am


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