[License-review] Disclaimer of warranty under German law (was For Approval: Open Logistics License v1.2)

[Pamela Chestek]

On 12/5/2022 2:45 PM, Carlo Piana wrote:

>> Rationale:
>> This new license is intended to represent the rights and obligations of an
>> established license, such as Apache v2, while respecting the differences
>> between US and German law. The changes were mainly done in the paragraphs
>> regarding warranty (limitation of the warranty to comply with legal
>> requirements) and liability (intent cannot be excluded under German law).
> Indeed this is true also under Italian Law and to my understanding a few other laws.
>
I'm just curious. This is true under US law as well. We generally 
address it in the way that the Apache license does, with something like 
"Unless required by applicable law or agreed to in writing," any 
warranty is disclaimed. Why doesn't that work in Germany, and what would 
be the outcome in Germany if the license didn't expressly exclude 
intentional or grossly negligent conduct? Is the entire paragraph 
discarded, and so someone who has a claim for mere negligence has a 
warranty despite the effort to disclaim it?

Pam

Pamela S. Chestek
Chestek Legal
PO Box 2492
Raleigh, NC 27602
pamela at chesteklegal.com
+1 919-800-8033
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