glenbraun
commented
6 years ago My understanding is that we cannot transfer liability of our actions. If we made some specific action while working on a project which caused some damage or harm then, no, we cannot simply sell that away.
That said, there is liablity which the project members assume as a group, which might form some recognized legal entity. In this case, it would be up to the governance of the project to determine if they would seek damages from contributors. Contributors who have been compensated fully would likely be difficult to pursue. Contributors who have an outstanding revenue share would be easier (from the projects point of view) to address. The project could decide to change the revenue share obligation based on liability directly relatable to one or more individuals.
A collaborator's liability is one of the topics I'd like to discuss with legal counsel. In the US, homeowner's or renter's insurance can carry some personal liability but whether that would have any value for a person's actions when participating on a project, I don't know.
There are on-chain insurance projects which I'm generally aware of but none specifically. I could imagine projects being insured by these smart contract based systems. Perhaps they would set up a prediction market to predict the risk a project has for things like patent infringement or other liabilities.
"This contract may be transferable, allowing a worker to sell their work to someone else"
Does this mean positive and negative effects are transferred?
Can liability for negative outcomes be transferred? If not, does transfer-ship go against the ethos of the license?