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« on: November 21, 2014, 05:19 AM »
Hi guys,
I'm the creator of that software.
The main liability threat I see are software patent claims.
I thought there would not be any issues when I just don't sell to the US, but during the preparations of founding a small company to sell my work I learned, that we have software patents in the EU and with this in Germany. Furthermore German law (I don't know about other countries) holds me responsilbe with all my **personal** belongings in case of (software) patent claims.
I don't know of any contrete patent my work violates, but research on software patents show, you cannot be sure and you should assume you just do violate some.
Well I do know, that the risk of getting sued in such a case is not very high, especially not in Germany today, but selling such a software means doing it for years and even if you stop the claims are valid for several more years. Looking at cases in the US I think it is just a matter of time, till we get those cases in the EU/Germany. Still down the road and not very likely, but I'm very risk-averse so I got out. (You cannot insure yourself against patent claims and a German GmbH (compare Limited in UK) doesn't protect you personally in such cases.)
That said, maybe open source is an option, but I'm not completey sure about patent claims there. Remember the patent threads against Linux some time ago? Furthermore it is quite a large project, financed completely by my own (I worked over a year on it full time, it is not just the wiki and it is build to be large: flexible document management, metadata, combined export, scripting, version control, source code interaction, license handling and dependency view generation are in parts implemented and not very far away) and I'm not sure if I would be happy to offer it for free.
I'm happy for input, on how others handle that situation and how I could release it without any liability risk.
Thank you very much.