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Is the government liable in all cases of the open-source software? Who except the government is to accept liability in the first place (later on, liability will be fixed on the erring officer)?

  • Please edit the question for clarity. I cannot make sense of it at all. As to the question in the very first sentence: ask your statistics office... they might know - if there is any statistics at all. After all we are a free country and I'm not bound to report to anyone about my activities - except maybe my employer in somewhat limited fashion. How does the governement come into picure in the light of the question in the first line? – planetmaker Sep 15 at 20:52
  • @planetmaker-you are correct.i have deleted the first line. user-37920 – user37920 Sep 15 at 21:23
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    Can you try to put your question on one clear sentence without guesses and assumptions? Are you askingabout who is liable for open source software? – planetmaker Sep 16 at 5:15
  • @user37920 planetmaker has asked you a very specific question: are you asking about who is liable for open-source software? Rather than flagging your question for reopening, perhaps you could answer his question? Then we might be able to edit your question, at which time it might get reopened. – MadHatter Sep 16 at 14:46
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    @user37920 It's good that you've found the answer(s) useful, but please don't edit the question so it's not a question. Instead, accept an answer (see comment below) or clarify what of your question remain unanswered. – MadHatter 2 days ago
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You seem to have several misconceptions about free (open-source) software, but the principal one for the purposes of your question is that someone has to be responsible if it goes wrong.

Just about all free software licences contain disclaimers. MIT says that

The software is provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement. In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the software.

GPLv3 says that

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.

In both cases, I've removed most of the traditional caps to keep the shouting to a minimum, but they both boil down to the same thing, which is that if you decide to run this software, you assume all risks associated with it. You don't need to approach Apache for permission to run their web server, because they've already made it available to everyone under the terms of their licence, which makes it clear that although there are no charges and fees for running it, the Apache people take on board no responsibility for the correct operation of their software. The government doesn't need to absorb any responsibility, because there's none to absorb.

If you don't like that, you should pay for your software, and get support contracts with SLAs, and the like. You'll very likely find that the software provider still isn't responsible when things break, but at least you get a phone number with someone on the end of it who's paid to be shouted at.

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  • @MadHatter-I think that the user of the software should have documents, the address, and should be reputed and have sufficient financial worth so that if he runs away[flees], he can be traced and could be found at his location. even though the software provider is in no way responsible for his use of software accepts no liability. this comment is about using the software. not connected with any monetary loss of the other party which may arise as a consequence of using the software once his credentials are ok..thank you for your answer.user-37920 – user37920 2 days ago
  • @user37920 why on earth would the user of the software need to establish his/her identity and financial bona fides that way? Or indeed, in any way at all? – MadHatter 2 days ago
  • @MadHatter-I am sorry.your answer made everything clear. thank you.user-37920 – user37920 2 days ago
  • @user37920 you're welcome, and no problem. Please note that local etiquette is that once you're happy with an answer, you accept it by clicking on the "tick" outline; that drives the reputation system for you and the author of the accepted answer, and puts the question to bed so it doesn't float around forever. – MadHatter 2 days ago
  • @MadHatter-All my concerns are adequately addressed by your answer.thank you.user 37920 – user37920 2 days ago

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