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Can anyone advise this developer on commercial licensing?

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dr_andus:
I just came across this fascinating new software, Vis-à-Wiki (alongside Marko Editor), which looks like a combination of a wiki and a concept mapper, and it uses markdown. I was interested in trying it out, but at the download link I found this message:

It was planned to release Marko Editor for free and to earn some money with Vis-à-Wiki and codeduce.

But, I underestimated the various liabilities I would face releasing even such a small software commercially. Some people release software despite these risks, some get sued, some get away. This is not for me, so currently no download :-(

If you have any insight, how I could release these applications without facing various risks or if you just want to hire me instead, please get in contact.
--- End quote ---

Would anyone have any words of advice for him?

It's worth watching the YouTube video to fully appreciate Vis-à-Wiki:
http://youtu.be/WwiKrhyfAUY

mwb1100:
underestimated the various liabilities
--- End quote ---

Do you have any idea what various liabilities he means?

I would have guessed that a standard license agreement and/or purchase agreement would cover things pretty well.  I think that in most jurisdictions, your limit of liability is easily limited to the amount of the purchase.  In other words, I'd think that it should be easy to ensure that the worst case will be that you have refund the buyer's purchase cost.

40hz:
^If he's concerned about getting sued for something, there are few reassurances that can be given. In the USA, you can have a suit filed against you by anybody at any time for nearly anything - regardless of merit. That doesn't mean the plaintiff will prevail. But defending yourself in a lawsuit, even a bogus one, is a hassle at best. And the terms in your license won't stop something like that from happening if somebody decides to file.

If he's more concerned with liability, there is plenty of "limitation of liability" boilerplate developed by the software industry over the years that has stood the test in court.

A good intro book for this is: Software Agreements Line by Line. It's short - and fairly pricey IMO. But it's all in there, even though you still need get professional legal advice and review for your own license. (This book should be available from all the usual booksellers.)

Renegade:
It's worth watching the YouTube video to fully appreciate Vis-à-Wiki:
http://youtu.be/WwiKrhyfAUY
-dr_andus (November 17, 2014, 03:10 PM)
--- End quote ---

Crap! That looks amazing!

But I don't understand what he's worried about. What liability? Just have a disclaimer like all other software.

xtabber:
My guess is that he uses components in his code that have restrictions on commercial use or redistribution.

He is located in Germany and I know nothing about German commercial law, but he seems knowledgeable enough to have consulted a lawyer.  If not, he should do so now.

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