News for hackers. Stuff that matters.
Re:Why you should probably have an LLC for side projects by tptacek on Tuesday September 14, 2010 @02:57PM (#1691785)
I think it's handy to have an LLC set up for a number of reasons, but the point raised in this blog post isn't one of them.

Corporate protection from personal liability is extremely valuable for contracts, and especially to protect you from your company's creditors. It does not however automatically shield you from liability to negligence claims, and, more generally, from tort claims of all sorts.

One reason you don't hear about this very often is that established businesses tend to maintain liability insurance, and in practice people sue with the intention of recovering money, and what they're targeting with those suits is the company's insurance.

This might be a good argument for buying professional liability insurance --- and, indeed, all contractors should (and probably have to, as a contract term). But for your open source side project, it's a moot point; use any well-known open source license and your users are already conceding a disclaimer of warranty and limitation of liability as a term of using your code.

Re:Why you should probably have an LLC for side projects by gte910h on Tuesday September 14, 2010 @04:28PM (#1692159)
You still run the risk of being sued open source or no.

I don't think the shield of LLC liability or open source license disclaimer will necessarily help the guy there (as people can still personally sue him), but I can't see it hurting.

It's also important to distinguish between liability and errors and omissions (what tptacek called professional liability insurance). Make sure if you do buy insurance, it's the right type. Each type protects you against claims only of a certain type.

Re:Why you should probably have an LLC for side projects by tptacek on Tuesday September 14, 2010 @04:36PM (#1692198)
Forming an LLC won't hurt you. It will help with other things. But it will do nothing to address the legal risk this guy is talking about.
Re:Why you should probably have an LLC for side projects by gte910h on Tuesday September 14, 2010 @07:09PM (#1692671)
Yes, that's what I just said...

>I don't think the shield of LLC liability or open source license disclaimer will necessarily help the guy there (as people can still personally sue him), but I can't see it hurting.