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Startup to Offer Open Source Insurance 268

ThePretender writes "From the Infoworld article, 'Open Source Risk Management LLC (OSRM), a startup company that last month hired Pamela Jones, editor of the popular Groklaw.net Web site, as director of litigation risk research, plans to soon begin offering insurance policies to companies using open source software but fear that they may be sued, according to a company spokeswoman'. What's next - Developers having to pick up 'code malpractice' insurance? Egads." Might as well get some alien abduction insurance while you're at it.
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Startup to Offer Open Source Insurance

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  • by Shakrai ( 717556 ) on Tuesday March 16, 2004 @03:34PM (#8581128) Journal

    What's next - Developers having to pick up 'code malpractice' insurance? Egads.

    They already have it. The agency I work for has several carriers that will write a malpractice (officially called "Professional Liability") policy for computer nerds. The standard one that I've seen provides a million dollars of coverage in the event that you screw up and cause something like data loss or the like. The policy itself is pretty broadly worded and could cover everything from bugs in a program you wrote to a general mistake of stupidity dealing with media. As I recall they start at about $1,200+ a year depending on the type of business and the people involved.

    All insurance really does is protect you from losses that you couldn't (or don't want to) afford. The comment from the summary sounds sarcastic (as well as the "throw-your-money-away dept." tagline) but in reality in this sue happy world these types of policies are not a bad idea. Do you want to lose your business and livelihood over an honest mistake and some sue happy customer? A few hundred or thousand bucks for peace of mind is a small price to pay in this day and age.

  • code-malpractice (Score:2, Informative)

    by mod_critical ( 699118 ) * on Tuesday March 16, 2004 @03:35PM (#8581134)

    What's next - Developers having to pick up 'code malpractice' insurance?

    I am in consulting and guess what, insurance to protect me in case of a damage causing programming error starts at over $2,000 a year! And for good reason, imagine you write something that rounds up instead of down in the hundredths place for some output from a data generatng monte carlo. It could go unnoticed for months, and then tens of millions of records in a database could need to be checked and recalculated. That would be HUGE $$$.

  • Not former. Current. (Score:2, Informative)

    by Anonymous Coward on Tuesday March 16, 2004 @03:36PM (#8581150)
    she's not former.
    and fp, I think?
  • "former editor"? (Score:2, Informative)

    by Anonymous Coward on Tuesday March 16, 2004 @03:37PM (#8581162)
    I thought she still heads groklaw...
  • by Anonymous Coward on Tuesday March 16, 2004 @03:37PM (#8581174)
    What's next - Developers having to pick up 'code malpractice' insurance? Egads.

    It's called Errors and Omissions insurance.
  • Former Editor? (Score:3, Informative)

    by PopeJP3 ( 714468 ) on Tuesday March 16, 2004 @03:41PM (#8581207)
    I thought PJ was still the editor of GrokLaw. Who's in charge now?
  • Re:"former editor"? (Score:5, Informative)

    by trick-knee ( 645386 ) on Tuesday March 16, 2004 @03:42PM (#8581218) Homepage
    > I thought she still heads groklaw...

    as of Tue Mar 16 12:41:33 MST 2004 she hasn't made any announcement to the contrary...
  • by m0nkyman ( 7101 ) on Tuesday March 16, 2004 @03:42PM (#8581219) Homepage Journal
    Pamela Jones is still the main contributor and editor for Groklaw.

    Check your facts.
  • by ChuyMatt ( 318775 ) <(moc.cam) (ta) (myuhc)> on Tuesday March 16, 2004 @03:43PM (#8581231)
    This is not a sue happy world. America has an absurd amount of lawyers per capita v. all other countries. We also have more lawsuits than any other people.
  • by Shakrai ( 717556 ) * on Tuesday March 16, 2004 @03:44PM (#8581260) Journal
    I'm no legal expert, but couldn't all of this be avoided with a proper disclaimer in the licence for the software?

    And in theory you can prevent people from suing you if you put up a "Beware of Dog" sign or a "Private Property" sign. In reality you'll always find some clever lawyer or easily-swayed jury that rules the other way.

    Are you going to trust the future of your business and life to a disclaimer?

  • by PCM2 ( 4486 ) on Tuesday March 16, 2004 @03:46PM (#8581280) Homepage
    What's next - Developers having to pick up 'code malpractice' insurance?
    Sounds great to me. Every place I've ever done contract programming for has a clause in their contract that basically says, "If somebody sues us, they sue you." Some of them are nicer about it, and pretty much just require you to appear in court if there's ever a problem. Others want you named as a defendant. Saying "don't screw up" wouldn't make me feel as comforted as a good insurance policy -- if such a thing exists?
  • Re:code-malpractice (Score:2, Informative)

    by tomhudson ( 43916 ) <barbara,hudson&barbara-hudson,com> on Tuesday March 16, 2004 @03:47PM (#8581285) Journal
    If you're doing monte carlo simulations, you already know that they're just simulations, and you should have already made a customized rounding function.

    You also know that simulations are not real life, and there WILL be differences.

    Checking tens of millions of records is not much more expensive than checking 1 record. The expense is writing and verifying the query.

    If you're using monte carlo, you already know that there is no such thing as true randomness in deterministic systems, and computers are deterministic systems. Any output is going to be skewed somewhere, probably well before the 100th decimal place.

  • by h00pla ( 532294 ) on Tuesday March 16, 2004 @04:04PM (#8581464) Homepage
    I believe she's stated many times that when the SCO case blows over (and SCO blows up and McBride and Co. dry up and blow away) she wanted the site to evolve into a forum for open source and free software legal issues. As far as getting out, I don't think she's ever said that.

  • by Anonymous Coward on Tuesday March 16, 2004 @04:07PM (#8581480)
    I just got $1 million in product liability, as well as an umbrella policy for my business-related property, from a major carrier for $532 a year. Definitely a worthwhile investment, IMO.
  • by Anonymous Coward on Tuesday March 16, 2004 @04:13PM (#8581532)

    http://www.osriskmanagement.com/about.shtml [osriskmanagement.com] is pretty clear that Pamela Jones is staying with groklaw.

    http://linuxpr.com/releases/6631.html [linuxpr.com] is as well.

    http://techupdate.zdnet.com/techupdate/stories/mai n/open_source_insurance.html [zdnet.com] doesn't mention PJ but is informative.

    P.S. Apparently the SCO fee of $699 would buy $23,300 of OSRM coverage...which will include defending from attacks by SCO.
  • by HD Webdev ( 247266 ) on Tuesday March 16, 2004 @04:22PM (#8581630) Homepage Journal
    And in theory you can prevent people from suing you if you put up a "Beware of Dog" sign or a "Private Property" sign. In reality you'll always find some clever lawyer or easily-swayed jury that rules the other way.

    Are you going to trust the future of your business and life to a disclaimer?

    Not to mention, laws vary depending on location about disclaimers.
  • OSI (Score:3, Informative)

    by _ph1ux_ ( 216706 ) on Tuesday March 16, 2004 @05:18PM (#8582344)
    Not what i expected to hear when I heard "Open Source Insurance"

    How about the following model for open source insurance.

    Get a group of a couple hundred people together - all within a couple of degrees of eachother. Blue book eachothers cars - then all pay into an investment fund a set rate each month for auto or other insurance. Not into an insurance policy with some other carrier - but an actual investment/savings fund.

    Take an umbrella policy out on the whole investment for an extreme case, and pay for that policy out of the combined account. If there is an accident that requires payment over a certain percentage of the value of the fund - then you leverage the policy from some insurance carrier that you have purchased. But, if at the end of the year there are no accidents - the investment OSI can pay a dividend on the money paid in and invested.

    All other insurance companies operate this way - but here is a community based insurance. The big guys are just investment companies that take otehr peoples money to invest with in leiu of paying them off if something should happen to them or the property that they are esentially using as an asset backing to the investment. In the sense that the maintaining of the well-being of the object is the incentive for the person to pay to insure its well-being. and in the case of auto insurance - this investment revenue is guarenteed by law.

    You must have insurance on your vehicle regardless of whether you have been in an accident. and if, at the end of the year - you dont get into an accident - you do not get any return on your contribution to the insurance companies investment.

  • by rixstep ( 611236 ) on Tuesday March 16, 2004 @06:43PM (#8583348) Homepage
    The Infoworld article called PJ a 'former' editor.

    Yeah right. From today's GL:

    I've been getting inundated with email, asking if Groklaw will be shutting down, thanks to an article in InfoWorld that identified me as the "former editor of Groklaw". That is inaccurate. I am still the editor of Groklaw, and my work with OSRM is separate from it. My contract is written so as to ensure my having time to do Groklaw. I have always done paid work in addition to Groklaw, so this isn't anything new.

    The article said that SCO didn't sound displeased to hear the news. Not that I wish to throw cold water on anyone's pleasure in Lindon or anything, but Groklaw isn't going anywhere.

He has not acquired a fortune; the fortune has acquired him. -- Bion

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