Legal obligations vs social contracts – Adventures in Linux and KDE

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Nate

FOSS culture, Software distribution

July 21, 2026July 21, 2026

5 Minutes

My post about responsibility for bug reports on old software versions the other day stirred up quite some discussion, and I wanted to drill a bit more into what I think is the crux of the dispute: the difference between legal obligations and the social contract.

When you package and distribute free open source software (FOSS), you legally have to comply with the terms of the license: "make the source code available," "don’t change the license," and so on.

You might also notice the absence of a warranty, or silence about responsibility for bug reports.

So let’s return to the question:

Who’s responsible for bug reports on old software versions?

An accurate legal reading is "Nobody, unless you’ve signed a work contract with a developer or purchased a commercially-sold OS." But it’s also not the whole picture, because there’s another potential non-obvious legal obligation:

Trademark

Trademark law varies across the world, but at least where I live in the USA, "unregistered trademarks" are a thing, and in a professional context, you’ve got a legal obligation not to violate a product’s trademark — registered or unregistered — by referring to it as something that it isn’t, or changing it and saying it’s still what it originally was.

Ah, but how much to you have to change it before that kicks in? That’s definitely not something that I — a non-lawyer — am qualified to assess. And my understanding is that this varies a lot across the world’s legal regimes, too.

But my layman non-lawyer perception is that applying bug fixes (especially backports of the developer’s own bug fixes) probably doesn’t count, while making visual or functional changes not from the developer probably does press closer to that fuzzy line.

Which brings me to what I think is the most important part:

Doing only the legal minimum

"Follow the terms of the license agreement." "Don’t mis-represent trademarks you don’t control." "Don’t steal." "Don’t murder."

These are good places to start. But what if that’s all anyone ever did — the bare legal minimum?

I think the world would be a pretty miserable place. There’s no law requiring anyone to love you or soothe your feelings when you’re upset. There’s no law requiring you to find a source of joy or direction in life, or help others unbidden.

What makes life worth living is everything beyond the legal minimum: politeness, kindness, friends, love, pleasure, purpose, art, music, entertainment, faithfulness, professionalism, and so on.

Everything desirable but not required by law comprises the social contract : a set of unwritten rules that, the more people follow them, the better their society is to live in. It helps personally, too: follow the social contract, and you’ll end up calmer and happier, be perceived more positively, and things will just kind of start going your way, as if by magic. Break it, and the opposite starts to happen.

Applying the social contract to this situation

Let’s say that I write an app, and someone distributes it with a feature patched in that I didn’t write, or a visual change that I didn’t make. How mad at them am I going to be?

If we have a bad relationship due to previous perceived violations of the FOSS social contract, I might be very mad. I might complain publicly, or even threaten to enforce my trademark and demand they change the branding to reflect the fact that they’ve created what I believe to be a derivative work that reflects poorly on the original.

No matter what, we can be sure it will escalate into a fight with a winner and a loser. And that loser might be me.

But if we have a good relationship and view each other as pro-social upholders of the FOSS social contract? I might be really happy about this, or at least tolerate it. Maybe I’ll even reach out and ask them to submit their change upstream and help maintain it. There’s a 0% chance I’m going to threaten to invoke trademark law or give them a hard time about it.

That’s the power of respecting the social contract that exists between us.

But what is the FOSS social contract?

Like the definition of "derivative work", it’s unsatisfyingly fuzzy and nebulous. But like a cloud, even if we can’t contain 100% of it in a jar, we can probably identify many of its features. So here are some pro-social behaviors that I hope we can all agree are squarely within the "FOSS social contract":

Using FOSS

If you didn’t pay any money, appreciate what you’ve gotten for free. It’s a modern miracle.

Understand the basic software lifecycle of the OS you’re using, and choose the one that suits your needs the best.

Accept the "no warranty" clause. Understand that support may be slow, and that if you need it fast, you’ll need to pay for it.

If you don’t like the software you’re using, use something else.

Bug reporting

Endeavor to report...