Germany

[Rod Dixon, J.D., LL.M.]

These points are well-taken, but they are really beside the point. Today,
any transaction in Cyberspace may encounter difficult questions of choice of
law or jurisdiction. This issue is not unique to open source. I would not
spend too much time worrying about this. Instead, let's concentrate on open
source. I am particularly interested in reading your comments on whether
anyone has attempted to incorporate the ASP model (renting software) into a
public license. Does ASP present unique open source concerns?


- Rod

----- Original Message -----
From: "Greg Wright" <Greg at AusIT.com>
To: <license-discuss at opensource.org>
Sent: Saturday, January 27, 2001 8:14 AM
Subject: Re: Germany


>
>
> *********** REPLY SEPARATOR  ***********
>
> On 26/01/01 at 16:56 SamBC wrote:
>
> >----- Original Message -----
> >From: "Alexander Eichler" <alexander.eichler at wfm.de>
> >
> >
> >> Hi all,
> >>
> >>
> >> Under German law there are a couple of problems with Open Source
> >Licensing,
> >> e.g. it is impossible under German law to have no liability for Open
> >Source
> >> Software. On the other hand, GPL says that there is no liability.
> >>
> >> I learned that this is a problem in some states in US too.
> >
> >It is a problem in many nations, UK being the easiest example, where
> >there are several 'implied warranties' that cannot be denied, succintly:
> >merchantability, fitness for a particular purpose, and damages
> >liability.
>
> No license or document is going to cover all 4 corners of the globe.....no
> matter what you invest in the creation....
>
> Just as an example, our Govt. is investigating DVD and how the
> implementation of regions may be illegal here, what they can do about the
> findings is another matter.T
>
> Regards
>
> Greg Wright
> --
>
> IT Consultant Sydney Australia     PH 0418 292020
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> web  http://www.ausit.com    e-mail Greg  AT  AusIT.com
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>