[License-review] For Approval: Open Logistics License v1.2

[Thorsten Glaser]

McCoy Smith dixit:

>This is what Andreas said back in May:
[…]

IANAL but this is what I’ve always heard as well.

>law, including the US. The end result of most FOSS licenses is they have the
>effect of disclaiming whatever under the local law can be disclaimed, but
>the local law will impose liabilities where they cannot be disclaimed.

AIUI, the problem is that trying to disclaim “everything” may result
in broad “product liability” applying for “consumer protection”, and
not in disclaiming the minimum possible. I’m not sure whether simple
“gifting” licences may be endangered like this, but those that pose
conditions on licensees, e.g. copyleft licences, may very well be.
(I’d love for an actual German lawyer to provide “official” rulings.)

This is the reason licences originating from here and people who write
code here tend to try to not explicitly, or explicitly not, disclaim
intent and gross negligence. Foreign licences on code by foreigners
tends to be interpreted favourably (i.e. matching licensor’s intent)…
but then, courts are known to do odd weird rulings, so we better be
careful. As nōn-foreigners, we may be expected to know more about this
(or at least those acting commercially may be — although for several
purposes even a private homepage can be considered commercial, so…)

bye,
//mirabilos
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If you don't believe in God, just consider God as Nature if you won't deny
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